In this Agreement: 'Service' means the HyperTax cloud-based software enabling the filing of accounts and tax returns; 'Subscription' means the Customer's paid access to the Service; 'User Data' means information entered or uploaded by the Customer; 'Start Date' means the date the Customer's subscription begins.
2.1 The Supplier shall provide access to the Service via the internet on a subscription basis in accordance with this Agreement.
2.2 The Customer acknowledges that the Service is provided as a software-as-a-service platform and that no software is transferred or installed on the Customer's systems.
3.1 The Supplier grants the Customer a non-exclusive, non-transferable, revocable licence to use the Service for its own internal business or personal purposes.
3.2 The Customer shall not:
4.1 The Subscription Fees are as stated on the Supplier's website and may vary from time to time.
4.2 Fees are payable in advance on a monthly or annual basis depending on the plan selected.
4.3 No refunds shall be given for any period already paid.
4.4 Subscriptions automatically renew unless cancelled before midnight on the day preceding the next billing period.
5.1 The Supplier shall use reasonable endeavours to ensure that the Service is available 99% of the time, excluding scheduled maintenance and circumstances beyond its control.
5.2 Support shall be provided by email during UK business hours (Monday-Friday, 9am-5pm).
5.3 The Supplier will use reasonable endeavours to rectify faults promptly but does not guarantee uninterrupted service or compensation for downtime.
6.1 Each party shall comply with applicable data protection laws including the UK GDPR.
6.2 The Supplier shall act as a data processor in respect of personal data entered into the Service and shall process such data only in accordance with the Customer's instructions.
6.3 The Supplier shall maintain appropriate technical and organisational measures to protect data from unauthorised access, loss, or damage.
The Customer shall:
8.1 This Agreement continues for the duration of the Customer's active subscription.
8.2 Either party may terminate if the other commits a material breach which is not remedied within 14 days of notice.
8.3 On termination or expiry, access to the Service shall cease.
All intellectual property rights in the Service and related materials remain the property of the Supplier. Nothing in this Agreement transfers ownership to the Customer.
10.1 The Supplier shall not be liable for indirect or consequential losses, loss of profit, data, or business interruption.
10.2 The Supplier's total aggregate liability under this Agreement shall not exceed the total Subscription Fees paid by the Customer in the 12 months preceding the claim.
The Supplier may amend these terms by posting an updated version on its website. Continued use of the Service constitutes acceptance of the amended terms.
This Agreement and any dispute arising out of it shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
Executed electronically by acceptance of these terms through account registration or subscription payment.