SimpliSite Terms of Service
Draft for solicitor review. Not yet in force.
Last updated: [date]
These terms are a contract between [Simplinet Ltd, company number [number], registered at [address]] trading as SimpliSite ("we", "us") and the organisation that creates a SimpliSite account ("you", "the Customer"). By creating an account or clicking to accept, the person doing so confirms they have authority to bind the Customer.
1. The service
1.1 SimpliSite is a web and mobile application for managing customers, sites, jobs, quotes, engineers, inspections, stock and related records ("the Service"). The features available to you depend on the plan and add-ons on your subscription.
1.2 We may improve or change the Service at any time. We will not materially reduce the functionality of a paid plan during a subscription period without offering a refund of the unused part of that period.
1.3 The Service is provided to businesses. It is not for consumers.
2. Accounts and users
2.1 You are responsible for everyone you invite into your organisation, for keeping their sign-in details secure, and for everything done under your account.
2.2 Each person needs their own login. Sharing a login between people is not permitted and may be treated as additional seats.
2.3 You must give us accurate contact and billing details and keep them up to date.
3. Subscriptions, fees and payment
3.1 Plans are priced per seat per month, plus any add-ons, as shown on the pricing page at the time you subscribe. Prices exclude VAT.
3.2 Free trials last 14 days. At the end of a trial the account becomes read-only unless a paid plan is chosen.
3.3 Fees are billed in advance by card through Stripe, monthly or annually as chosen. Adding seats or add-ons mid-period is charged pro rata; removing them takes effect at the next renewal.
3.4 If a payment fails we will retry and notify you. If it remains unpaid seven days after the due date we may make the account read-only until it is paid.
3.5 We may change prices with at least 30 days' notice by email. Changes apply from your next renewal after the notice period. Annual subscriptions are fixed for the period already paid.
4. Term and cancellation
4.1 Subscriptions renew automatically until cancelled. You may cancel at any time from the billing settings; cancellation takes effect at the end of the current period and no partial refunds are given except as set out in 1.2.
4.2 After cancellation your data remains available to export for 30 days, is held for a further 60 days, and is then permanently deleted. You may ask us to delete it sooner.
4.3 We may suspend or terminate the account on notice if you materially breach these terms and do not fix the breach within 14 days, if your use threatens the security or integrity of the Service, or if required by law.
5. Your data
5.1 You own the data you and your users put into the Service ("Customer Data"). You grant us the rights needed to host, process, back up and display it to provide the Service.
5.2 Where Customer Data includes personal data, we act as your processor and the Data Processing Agreement forms part of these terms.
5.3 You are responsible for the accuracy and lawfulness of Customer Data and for having the right to upload it.
5.4 We may use aggregated, de-identified usage statistics to improve and market the Service. These never identify you, your users or your customers.
6. Acceptable use
6.1 You must not use the Service to break the law, infringe anyone's rights, send unsolicited messages, upload malicious code, attempt to access other organisations' data, or reverse engineer or resell the Service. The Acceptable Use Policy gives detail.
7. Availability and support
7.1 We aim for the Service to be available 99.5% of each calendar month, excluding planned maintenance notified at least 24 hours ahead and events outside our control.
7.2 Support is by email during UK business hours. Premium plans receive priority handling. We do not guarantee response times unless a separate support agreement says so.
7.3 We back up Customer Data at least daily and retain backups for [30] days.
8. Intellectual property
8.1 We and our licensors own the Service, its software, design and documentation. You receive a non-exclusive, non-transferable right to use it for your internal business during the subscription.
8.2 If you give us feedback we may use it without obligation to you.
9. Confidentiality
9.1 Each party will keep the other's confidential information secret and use it only for the purposes of this contract, except where disclosure is required by law.
10. Warranties and liability
10.1 We warrant that the Service will perform materially as described. Your sole remedy for breach of this warranty is for us to fix the problem or, if we cannot, refund the fees for the affected period.
10.2 Except as stated here, the Service is provided as is and we exclude all other warranties to the extent the law allows.
10.3 Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.
10.4 Subject to 10.3, neither party is liable for loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss.
10.5 Subject to 10.3 and 10.4, our total liability arising out of this contract in any 12-month period is limited to the fees you paid us in that period.
10.6 You will indemnify us against claims arising from Customer Data or your breach of section 6.
11. Changes to these terms
11.1 We may update these terms. Material changes will be notified by email at least 30 days before they take effect. Continued use after that date is acceptance. If you do not accept, you may cancel before the change applies.
12. General
12.1 These terms, the Data Processing Agreement and the Acceptable Use Policy are the whole agreement between us.
12.2 Neither party may assign this contract without the other's consent, except that we may assign it to a successor to our business.
12.3 If any part of these terms is found unenforceable, the rest remain in force.
12.4 These terms are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction.
13. Contact
[legal@simplisite.co.uk], [postal address].