Terms & Conditions
These Terms and Conditions of Contract shall apply to contracts between AccountancyManager and subscribers to the services supplied by AccountancyManager.
AccountancyManager will add to, augment, modify, improve, replace or withdraw any part of the databases or functionalities from time to time in the course of AccountancyManager normal service development.
1. “Subscriber”, “AccountancyManager”, “Services” And The Terms That Apply
In these Terms and Conditions, "the subscriber" means the person whose name and address has been provided to AccountancyManager Ltd ("AccountancyManager") for billing purposes and who has been provided with a user name and password ("your subscriber identity") for use with AccountancyManager services (“services” includes accessing the databases, browsing the website, or registering to use the website or application). If AccountancyManager services are accessed using your subscriber identity, then the subscriber will be deemed to have authorised that access on the basis of the Terms & Conditions prevailing at that time.
2. Database Licence
The subscriber may not under any circumstances adapt or circumvent the functioning of the AccountancyManager software, nor access, use or modify the databases other than through the normal operation of the functionalities provided. Any attempt to access, use or modify the databases in an unauthorised manner, whether successful or not, will result in suspension of the account and could be treated as a criminal offence and referred to the appropriate authorities.
3. Customer Covenants
The Subscribers covenant and undertake to:
(a) maintain as strictly private and confidential all information which can be accessed through the AccountancyManager services and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person.
(b) maintain strict security of access to AccountancyManager, keeping your subscription identity confidential. If the subscriber suspects their identity has been obtained by another person, the subscriber must notify AccountancyManager immediately by telephone and in writing. AccountancyManager will promptly disable the account after which the subscriber will cease to be liable for any further charges unless and until the account is re-enabled.
AccountancyManager services are provided to subscribers, following completion of the registration process which includes acceptance of the AccountancyManager Terms and Conditions.
Subscribers agree to provide accurate and complete registration information to AccountancyManager, including but not limited to, their email address and telephone number and to promptly report any changes in such information.
Contravention of the Terms and Conditions, following acceptance, may result in termination or suspension of an account.
During registration subscribers will be required to select an email address and password.
Businesses are only permitted one free 30 day trial. Multiple trial registrations by one business may result in termination or suspension of an account.
Subscribers are responsible for the security of their email address and password.
Queries concerning an account should be made by contacting us.
AccountancyManager do not guarantee that the services will always be available or be uninterrupted. Access to the services is permitted on a temporary basis. AccountancyManager will not be liable to the subscriber if for any reason the services are unavailable at any time or for any period.
5. Subscription fees
The fees for the individual subscription rates are specified in the “Pricing” section of the AccountancyManager website; www.accountancymanager.co.uk.
The fee for AccountancyManager may change. AccountancyManager will inform subscribers of fee changes 30 days in advance of implementation which then will be liable from the next monthly payment. If changes to the subscription rate are unacceptable, subscribers should terminate subscriptions in accordance with the contract termination provisions set out below. If subscribers do not terminate the contract they will be deemed to have accepted the revised fees. AccountancyManager recommends the website is viewed before the monthly renewal of a subscription.
Any discounts or offer prices are valid for 12 months. If AccountancyManager has provided a bespoke reduced rate, we have the right to review this after 12 months.
AccountancyManager may increase pricing in line with UK inflation. Any 'for life' discounts will also be increased with UK inflation.
Subscribers must pay the appropriate subscription fee by a designated credit or debit card and provide AccountancyManager with the necessary card details.
The subscriber confirms that the designated payment card is registered in the subscribers name and address and there are sufficient funds or credit facilities to cover the subscription fee. Also that the expiry date of the payment card allows for the subscription fee to be charged to the credit or debit card. Failure to comply may mean that the account is suspended or terminated.
The subscription fee will be charged on the payment date of each month (or other agreed period) of the contract period to the subscriber's designated credit or debit card. The first payment of the subscription shall be made following successful registration. The payment date is monthly starting from the date of upgrade. VAT will be applied at the prevailing rate.
Where the subscription payment date occurs in a particular month with less than 31 days, (February, April, June, September, November), the fee will be charged on the nearest preceding date.
If payment initially fails on the payment date, AccountancyManager will attempt to collect the payment on the following three consecutive days. Failure to obtain subscription fee payment will result in withdrawal of AccountancyManager services.
There are no refunds for payments, except for at the discretion of AccountancyManager.
7. Privacy & Confidentiality
In compliance with the UK Data Protection Act. AccountancyManager will not sell or pass subscriber's or their client's information to third parties,
Subscribers must maintain confidentiality of their username and password. It is a violation of these Terms and Conditions of Contract for subscribers to allow non-subscribers to use AccountancyManager services through the subscriber's username and password.
The subscriber is responsible for providing and maintaining all computer equipment and software necessary to access their account with AccountancyManager.
The subscriber agrees not to sell, market, or otherwise distribute the whole or any portion of the AccountancyManager services or data.
8. Contract Period and Termination
AccountancyManager will confirm termination within 5 days of notification.
Termination of the contract shall not be valid until confirmed by AccountancyManager. If termination is not confirmed within five days of subscriber notification, the subscriber should assume that the request was not received by AccountancyManager and resend the message.
9. Amendments to the Terms and Conditions
AccountancyManager reserves the right to amend, revise or modify the Terms and Conditions of Contract by posting amendments on the website www.accountancymanager.co.uk. Amended Terms and Conditions of Contract are effective upon posting. Continued use of the AccountancyManager services by the subscriber confirms acceptance of the revised Terms and Conditions Contract.
To the fullest extent permissible by applicable law, in no event will AccountancyManager Ltd be liable to a subscriber for any damage whatsoever (including, without limitation, direct, indirect, incidental or consequential damages, lost profits, or damage resulting from lost data, incorrect or incomplete data or business interruption).
AccountancyManager gives no guarantee that the services provided will always be available or uninterrupted, the connectivity to AccountancyManager services, effect on subscribers data storage device, however caused, any data lost or intercepted in communication and any data lost which is stored on the AccountancyManager services or subscribers data storage device, in connection with the AccountancyManager services and it's content. AccountancyManager will not be liable to the subscriber if for any reason the services are unavailable at any time or for any period.
AccountancyManager make reasonable commercial efforts to ensure content on the website is up to date and accurate. However, because AccountancyManager obtain the content from a number of different sources (including information provided by you) AccountancyManager do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed using the services. If the subscriber becomes aware of any inaccurate or incorrect content accessed or accessible using the services (in particular pertaining to yourself or other individuals) please inform us and AccountancyManager will use reasonable endeavours to investigate the concern and, where appropriate and possible, correct inaccurate data. The subscriber understands that by using the services provided by AccountancyManager, they may be exposed to content that might be inaccurate or deceptive. Under no circumstances (save as required by law) will AccountancyManager be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the access provided.
11. Governing Law
These Terms and Conditions of Contract are governed by and are to be construed in accordance with English law. Parties to the contract agree that the courts of England shall have exclusive jurisdiction to try litigation which may arise out of or in connection with these Terms and Conditions of Contract.
12. Data Protection
Data Controller, Data Processor, Data Subject, Personal Data, Personal Data Breach, international organisation and processing shall have the respective meanings given to them in the Data Protection Laws (and related expressions shall be construed accordingly);
Data Protection Laws means any applicable law relating to the processing, privacy and use of Personal Data including: the General Data Protection Regulation (EU) 2016/679 (GDPR); and any laws which implement such laws; any laws that replace, extend, re-enact, consolidate or amend any of the foregoing (provided that the impact of any such replacement, extension or amendment is agreed in writing by the parties).
Protected Data means Personal Data received from or on behalf of the Subscriber or otherwise obtained in connection with the performance of AccountancyManager's obligations under the Agreement.
Sub-Processor means any agent, sub-contractor or other third party engaged by AccountancyManager (or by any other Sub-Processor) for carrying out any processing of the Protected Data.
Compliance with Data Protection Laws
The Subscriber is the Data Controller and AccountancyManager is the Data Processor for the purposes of the processing of Protected Data. AccountancyManager shall process Protected Data in compliance with the obligations placed on it under the terms of this Variation.
The Subscriber shall at all times comply with the Data Protection Laws in connection with the processing of Protected Data. The Subscriber confirms that that it is entitled to transfer the Protected Data to AccountancyManager and any Sub-Processor in compliance with the Data Protection Laws and shall ensure all instructions given by it to AccountancyManager in respect of Protected Data shall at all times be in accordance with the Data Protection Laws.
AccountancyManager shall only process (and shall ensure AccountancyManager personnel only process) the Protected Data in accordance with this Variation (including the Annex) (and not otherwise unless alternative processing instructions are agreed between the parties in writing) except where otherwise required by applicable law (and in such a case AccountancyManager shall inform the Subscriber of that legal requirement before processing, unless such applicable law prohibits AccountancyManager from so notifying the Subscriber).
If AccountancyManager believes that any instruction received by it from the Subscriber is likely to infringe the Data Protection Laws it shall inform the Subscriber and be entitled to cease to provide the relevant Services until the parties have agreed appropriate amended instructions which are not infringing.
Taking into account the state of technical development and the nature of processing, AccountancyManager shall implement and maintain the technical and organisational measures set out in Part 2 of the Annex to protect the Protected Data against accidental, unauthorised or under lawful destruction, loss, alteration, disclosure and/or access.
Sub-processing and Personnel
- not permit any processing of Protected Data by any Sub-Processor or other third party (except its personnel) without the written authorisation of the Subscriber;
- appoint each Sub-Processor under a written contract containing materially the same obligations as under this Variation in respect of Protected Data;
- remain liable to the Subscriber under this Agreement for all the acts and omissions of each Sub-Processor and each of its/their personnel as if they were its own; and
- ensure that all persons authorised by AccountancyManager or any Sub-Processor to process Protected Data are subject to a written contractual obligation to keep the Protected Data confidential.
AccountancyManager shall (at the Subscriber's cost):
- assist the Subscriber in ensuring compliance with the Subscriber’s obligations pursuant to Articles 32 to 36 of the GDPR (and any similar obligations under Data Protection Laws) taking into account the nature of the processing and information available to AccountancyManager;
- taking into account the nature of the processing, assist the Subscriber (by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of the Subscriber’s obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws) in respect of any Protected Data; and
- efer all requests and communications received from Data Subjects or any supervisory authority to the Subscriber which relate to any Protected Data promptly (and in any event within 3 days of receipt) and shall not respond to any without the Subscriber’s written approval and in accordance with the Subscriber’s instructions unless and to the extent required by law.
AccountancyManager shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to countries outside the European Economic Authority unless the prior written consent of the Subscriber has been obtained.
Records and Audit
AccountancyManager shall, in accordance with Data Protection Laws, make available to the Subscriber such information that is in its position or control as is necessary to demonstrate AccountancyManager’s compliance with its obligations under this Variation. AccountancyManager shall permit audits by the Subscriber (or another auditor appointed by the Subscriber (provided such auditor has entered into a confidentiality undertaking with, and in terms reasonably acceptable to, AccountancyManager and such auditor is not a competitor of AccountancyManager) for this purpose, subject to a maximum of one audit in any 12 month period.
AccountancyManager shall notify the Subscriber without undue delay and in writing on becoming aware of any Personal Data Breach in respect of any Personal Data.
On ceasing to provide the Services relating to the processing of Protected Data, at the Subscriber’s cost and option, AccountancyManager shall securely dispose of the Protected Data except to the extent any applicable law requires AccountancyManager to store such Protected Data.
Data Processing Details
Processing of the Protected Data by AccountancyManager under this Variation shall be for the subject-matter, duration, nature and purposes and involve the types of personal data and categories of Data Subjects set out below:
1. Subject Matter of Processing
AccountancyManager will process Protected Data in order to perform its obligations under the Agreement.
2. Duration of the Processing
AccountancyManager will process the Protected Data for the term of the Agreement (and any exit period) and thereafter as long as AccountancyManager is required to process any Protected Data pursuant to the Data Protection Legislation.
3. Nature and Purpose of the Processing
The nature and purpose of the processing of the Protected Data will be to perform its obligations under the Agreement.
4. Types of Personal Data
The types of Protected Data will be as follows:
- Full Name
- Date of Birth
- Deceased Date
- Postal Address
- Marital Status
- National Insurance Number
- Email Address
- Telephone Number
- Mobile Number
- Social Media Profiles
- Business contact details
5. Categories of Data Subjects
6. Specific Processing Instructions
Core to AccountancyManager is the ability to store your clients’ data to be used by authorised users of your practice. Appropriately trained AccountancyManager support staff, when authorised by you, can gain access to this data for the purpose of providing technical support subject to appropriate safeguards.
Technical and Organisational Security Measures
AccountancyManager shall implement and maintain the following technical and organisational security measures to protect the Protected Data:
In accordance with the Data Protection Laws, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of the Protected Data to be carried out under or in connection with this Agreement, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons and the risks that are presented by the processing, especially from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Protected Data transmitted, stored or otherwise processed, AccountancyManager shall implement appropriate technical and organisational security measures appropriate to the risk, including is appropriate those matters mentioned in Articles 32(a) to (d) of the GDPR.