Terms of Service
These terms were last updated on 6th February 2017. They may be updated in the future and we’ll post the new version here on our website.
What some words mean:
So that we can be completely clear, here are some words we use which have specific meanings:
- “Account Holder” means a sole trader or company which has a Property Inventory Management Limited account (generally this will be your business);
- “Property Inventory Management Limited account” means a current subscription to The Service;
- “The Service” means our Property Inventory Management Limited software which is accessed and used via our password protected websites;
- “us” “we” and “our” refers to Property Inventory Management Limited, a company registered in England with registered number 06787178 and having its registered office at 98-100 Pilgrim St, Newcastle upon Tyne NE1 6SQ;
- “you” means you, the person who accesses and uses this website and/or The Service; and
- “your Data” means any data entered or uploaded by you while using The Service.
Creating and accessing a Property Inventory Management Limited account
How to apply: In order to access and use The Service, a Property Inventory Management Limited account must first be created. You can apply for a Property Inventory Management Limited account to be created by submitting your details on our “sign up” page.
Formation of a contract: If we accept an application for the creation of a Property Inventory Management Limited account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. If you apply for a Property Inventory Management Limited account to be created, you must therefore ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you.
Errors in information you gave us: If you made any mistakes in the details you gave to us when applying for a Property Inventory Management Limited account, these errors can be corrected by accessing The Service and using the “edit” function on the “Company Details” or People” pages.
Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create a Property Inventory Management Limited account. This may be due to technical constraints, because you or your business has been banned by us from using The Service or for any other reason. No charge will be made by us for declined applications.
How to access the account: You will not be able to access and use The Service without a username and password for a Property Inventory Management Limited account. There are two ways you can obtain these:
- Once a Property Inventory Management Limited account has been created, we will issue the initial user (whose details were provided to us when the account was applied for) with a username and password.
- Additional users can obtain their own usernames and passwords if the initial user accesses The Service and uses the “New User” function on the “People” page. (Some subscription packages may have limitations on the number of additional users which can be.)
Your rights: If the business you represent is an Account Holder and you are authorised by it to use The Service, we grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.
Conditions: The above licence is strictly subject to compliance with these Terms of Service by you (and by the Account Holder whose Property Inventory Management Limited account you are accessing and by all other users of that Property Inventory Management Limited account.)
- only access an Account Holder’s Property Inventory Management Limited account by using a password and username which that Account Holder authorises you to use; and
- only use The Service on behalf of the Account Holder whose Property Inventory Management Limited account you are accessing and solely for money management purposes relating to that Account Holder’s own business which are legal.
You must not:
- do anything which could reasonably be expected to damage, disable, overburden, or materially impair The Service or our website generally or which is likely to interfere with any other party’s use or enjoyment of The Service;
- question or dispute our ownership of the intellectual property rights in The Service;
Security: The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its Property Inventory Management Limited account: please keep any password issued to you secure.
Paying for the Service
Report fee amount: A report lodgment fee for use of The Service is payable in advance by the Account Holder. The report lodgment rates are posted on our website and we may vary these from time to time: please see our Pricing Page for the rates in force for the current month. Prices on our website are quoted in UK pounds Sterling and exclude VAT, which is also payable. Negotiated contracts are also available on request.
Free trials and beta trials: No charge for use of The Service will be made during any ‘free trial’ period or any ‘beta trial’ period. The Account Holder is not however entitled to benefit from more than one ‘free trial’ – if we discover that more than one ‘free trial’ has been requested, the Account Holder will become liable for payment of the subscription fee for all use of The Service made after the first ‘free trial’ period.
Non-payment: We shall be under no obligation to provide The Service if the report lodgment fee (plus VAT) is not paid to us in advance. For account holders, we reserve the right to suspend your access to The Service until the balance is paid and we may close the Account Holder’s Property Inventory Management Limited account permanently.
Distance selling: If the User is a Consumer i.e. a person acting outside of his/her business in dealing with us, you have the right to cancel your Account during the fourteen day cooling-off period which is provided for under the Consumer Protection Distance Selling Regulations 2000 from the time when you register for your Account. If you complete any Inventories during this period they will be charged at the standard price.
Our VAT number is: 991 6142 03
Who owns what
Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trade marks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide The Service.
Rights in our software and our website: The System and all intellectual property rights of whatever nature in the System are and shall remain the property of the Licensor at all times. We grant to you a non-exclusive licence to use the System subject to the terms and conditions contained in this Agreement. You undertake not to translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the System or the Device. You also agree not to redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the System or Device.
Standard technical support is provided to paying account holders via email unless a Priority Support Agreement forms part of the account holder’s Terms of Agreement with the Company.
Technical support is provided on a first-come, first-served “best effort” basis. We aim to at least acknowledge, if not fully answer, all emails to our advertised support addresses within 4 working hours.
Priority support will be provided to Customers with managed agreements who can expect responses to ordinary support requests within 4 working hours, and to urgent requests within 30 minutes of the request being received by email or telephone (M-F 08:00 to 18:00 excl. bank and public holidays).
Customers with managed service agreements can expect a single primary point of contact for their support requirements, who will answer questions and support requests.
Closing a Property Inventory Management Limited account
Cancellation by you: You can close the Account Holder’s Property Inventory Management Limited account at any time by accessing The Service and using the “cancel my account” option on the “My Property Inventory Management Limited Account” page. No refund will be made of any report lodgment fees already billed and paid.
Suspension and closure by us: If you (or any other user of the Account Holder’s Property Inventory Management Limited account) fails to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder’s Property Inventory Management Limited account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any Property Inventory Management Limited account (including during any ‘free trial’ or ‘beta trial’ period) for any reason, by giving one months notice.
IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use. The Service is not a substitute for a professional accountant and any information presented does not constitute accounting advice.
Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of their possibility.)
Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed an amount equal to the subscription fees which the Account Holder has paid to us in the previous month.
Liability to us: If you access The Service using a password created to control access to the Account Holder’s Property Inventory Management Limited account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
Your data is in safe hands with us. As fellow professionals, we understand the importance of confidentiality, and that’s why we incorporate electronic, physical and managerial procedures to safeguard and secure your information.
Confidentiality is paramount to how we do business. Every employee and partner of iSurvey® abides by a strict confidentiality agreement. We’ll never divulge the contents of your report, and we will treat all proprietary information as strictly confidential.
Robust security measures are in place to protect your information. Data is hosted on a UK cloud server, which offers the highest possible level of security. Our secure infrastructure includes encryption, firewalls and access control, and our hosting company is accredited by the following industry standard bodies:
ISO 27001:2005 (Information Security)
ASEA 3402 Type II (Service Organisation Control)
ISO 14001:2002 (Environmental Management)
We commit to act responsibly and with the highest integrity with all our clients. Our ethical code of conduct is fully compliant with the Data Protection Act 1998, and any data you disclose to us will be processed in accordance with the Act.
General legal matters
Changes to this contract: We reserve the right to change these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of The Service. These additional terms will be posted here on our website and will be effective from the Account Holder’s next monthly subscription renewal. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with English law. If any party wants to take court proceedings in relation to The Service, it must do so in England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.