Terms and Conditions of Use
Last updated 16/04/2019
1. This Service
WebFletch Business Manager and My Jobs App (Service) is provided by WebFletch (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3. Registration and Account Integrity
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person (except when setting up users for your organisation) or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in the termination of the abused accounts and/or all accounts provided to the organisation.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4. Pricing, Plans and Features
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product, service, subscription or plan is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
4.2 We reserve the right to alter all product, service subscription or plan pricing and features without notice.
5. Payment and Credit Control
5.1 All services are billed monthly in advance.
5.2 If you upgrade from a trial account before your trial expires you will be charged when the trial ends for the necessary full account or accounts. Your monthly payment will be due from the date your free trial ended each month onwards.
5.3 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.
5.4 It is a condition of use that a valid debit or credit card (or other valid payment method accepted by us) is provided at all times in order for your account or accounts to remain active.
5.5 Where a payment request is made by us and is declined (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid payment method is added to your account or accounts.
5.6 If you add or remove User accounts then you will be charged based on your current number of User accounts on your next monthly payment, you may also be charged a pro rata amount for any additional User accounts added before your next monthly payment.
5.7 If your payment fails due to invalid or expired debit or credit card we will make additional attempts to charge for your subscription. If after the final attempt no payment has been taken your subscription will be cancelled and you will need to update your debit or credit card to start a new subscription. If you update your credit or debit card details before the subscription gets automatically cancelled you will continue to be billed monthly on your usual billing date. If the subscription has been cancelled and you start a new subscription then you will be billed monthly from the date you started the new subscription.
6. Cancellation Rights, Defects and Refunds
6.1 You may cancel your account or accounts at any time.
6.2 As this is a business-to-business transaction no right of cancellation exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
6.3 Cancellation should be done using the facility provided within the "Subscription and billing" section of the software.
6.4 Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.
6.5 Full or partial refunds will only be given where the product or service provided by us is found to be defective.
6.6 Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.
6.7 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund for the current month's subscription at our sole discretion.
6.8 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund, the refund may take longer than seven working days to reach your bank account.
7. Upgrading or Downgrading Accounts
7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time by adding and removing users.
7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
7.3 Users should backup and download their data prior to requesting a downgrade in service.
7.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.
7.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge. We may charge a pro rata amount from the time of the upgrade until the next usual date of the monthly charge.
7.6 In the case 12-month accounts (when offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.
7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
8. Trial and Offer Periods
8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 Where you are offered a free trial period you will see a notification message within the software seven days before your free-period is due to end and be offered the option to convert into a paid subscription. Please note this does not apply where you are merely offered a discounted or offer-period paid-for subscription at a reduced rate that subsequently converts to a subscription at one of our full standard subscription rates.
8.3 Only one customer may use a trial account, the account cannot be shared with multiple customers.
8.4 These Terms and Conditions apply to all trial or offer-period accounts.
8.5 Only one trial subscription is permitted per customer, we may refuse a trial subscription if we believe that you have already signed up for a trial subscription before. If you need an extension of a trial period because you have not had time to fully test the Service then this can be requested via email or the website contact form however we offer no guarantees that an extension will be granted and this will be judged on a case by case basis.
8.6 Any data entered by you during a trial period will still be available once the trial has expired if you decide to purchase a subscription, however, we may remove any data and backups of data once a trial has expired if you do not purchase a subscription within 30 days of the trial expiring.
9. Technical Support
9.1 Technical support is provided via email, web chat, website contact form and such other means as we decide in order to provide a proper service to users.
9.2 We reserve the right not to provide a full technical support service to free or trial account users.
9.3 We will always endeavour to resolve any issues or answer any questions as soon as possible but do not offer any guarantees as to how quickly any issues will be resolved.
10. Specific Service Rules
10.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third-party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
6. To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.
7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by users and us.
9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.
11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
10.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third-party.
10.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11. Content Ownership
11.1 As a user you retain all ownership rights to content provided by you.
11.2 You warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the Service. Furthermore, if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
12. Copyrighted Material
12.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
12.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
12.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
13. Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
14.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user, you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
14.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
15. Access and Backups
15.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we will offer full or part-refunds of the current monthly subscription fee subject to clause 17.3 below.
15.2 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
15.3 You are solely responsible for backing up any content or data entered into the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
15.4 We reserve the right to delete any data we hold of yours if you have not had a valid subscription for more than 30 days, this means that if your trial has ended or you were a subscriber but either cancelled your subscription or failed to pay your latest subscription fee and have not since renewed your subscription, then after 30 days without an active subscription we may remove the data (and any backups of the data) containing any information that you have added to the Service without warning or prior consent from you.
15.5 We will, subject to planned downtime make reasonable efforts to ensure that the Service is generally available, however, we do not guarantee, represent or warrant that access to the Service will be uninterrupted or error-free and we do not guarantee that you will be able to access or use all of the Service features at all times. We will make reasonable efforts to notify you of system outages and scheduled downtime. It is your responsibility to get in touch with us via email, website contact form or web chat as soon as possible if you are unable to access the Service or are experiencing any errors, we will then act as quickly as possible to resolve any issues you may be experiencing.
16.1 We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.
16.2 We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.
16.3 The Service is primarily a job management system, although it contains features for creating invoices, it is recommended that you use a third-party accounting package and/or consult a qualified accountant for your companies accounting needs as we are not responsible for any incorrectly filed accounts that are made based on data used from the Service.
17. Limitation of Liability
17.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
17.2 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
17.3 In any event, our liability and that of our employees, officers and third-party partners shall be limited in any 1 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £50, whichever is the greater sum.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
22. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, any changes to these Terms & Conditions will need to be accepted by you, failure to accept the amended Terms & Conditions may result in the cancellation of your subscription and/or suspending the use of the Service until the amended Terms & Conditions have been accepted by you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.