User Agreement for CalCal services
This Agreement is a contract between you and CalCal and applies to your use of all CalCal services. Last update: 29th December 2018
By signing up and using the CalCal service (‘the website’), you agree to all the terms set out in this user agreement. Please read the terms of this Agreement carefully before agreeing to it. By way of reminder, we have set out some of the more notable terms here:
- Free level is available for regular use. If you don’t log in and access your account data for 3 months, CalCal may delete any data entered. (See 3.5)
- While backups will be made of your data and all care will be taken to keep it in tact and secure at all times, you agree that CalCal will not be help responsible for any damages associated from: Loss of financial data, corruption of such data or theft of such data. (See 5.1)
- All figures put into the website are your responsibility and any errors in accounts resulting from incorrectly entered information is your responsibility. CalCal will not be held responsible for incorrectly submitted tax returns, VAT returns or other tax calculations. (See 5.3)
- Where there is an error in accounting that does not result from incorrectly entered data, you agree to notify us as soon as possible so we can fix this for all our users. We will act immediately to attempt to fix any such errors and CalCal reserves the right to alter your data in order to correct these errors. However, any financial penalties associated with incorrect calculations will not be our responsibility. We will aim to fix things so quickly that you don’t incur any financial penalties! (See 7.1)
- Credit or debit card chargebacks (initiated by you) have a fee of £25. (See 3.4)
1.1 Thank you for using our Services. All website services provided to you by CalCal Ltd. and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as “CalCal” , “we” , “our” , or “us” ; applicable both in upper and lower case), including but not limited to the CalCal website, blog, accounting web application, and mobile apps, are provided to you subject to the following terms and conditions of service. We highly recommend you review these General Terms of Service ( “Agreement” ) thoroughly before accessing our services.
1.2 This is an important document which you must consider carefully when choosing whether to use the Services at any time. By deciding to use or access (either by computer, mobile or other electronic device now or hereafter devised) our Website (including the mobile enabled website), or mobile application or any products, content or other services available on CalCal (each a “Service” and collectively, the “Services” ), you agree to be bound by this Agreement as well as:
- Privacy and Security Policy which sets out CalCal’s data practices.
- Any terms provided separately to you or indicated on the Website as applying to your use of the Services (for example, separate product or program terms, ordering, activation and payment terms).
2. Your Rights To Use the Services
2.1 License Grant. Our Services are protected by copyright, trade secret, and other intellectual property laws. CalCal hereby grants you a personal, limited, non-exclusive, non-transferable right and license to use our Services during the term of this Agreement in accordance with the terms and conditions of this Agreement. Except for rights expressly granted to Users, CalCal reserves all other rights, title and interest in and to the Services and the underlying technology used to provide the Services.
2.2 Service Restrictions. Users shall use the Services solely as contemplated in this Agreement and shall not directly or indirectly license, sublicense, sell, resell, lease, transfer, assign, distribute, time share or otherwise make the Services available to any third party including making the Services available through any file-sharing method or any application hosting service. Users shall not, except to the extent expressly agreed upon in writing by CalCal with the User:
(a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on CalCal technology (including our APIs and other software) except to the extent expressly agreed upon in writing by CalCal with the User or to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary;
(b) circumvent any user limits or other use restrictions that are built into the Services;
(c) remove any proprietary notices, labels, or marks from the Services or CalCal technology; or
(d) access the Services in order to (i) build a competitive product or service; or (ii) copy any ideas, features, functions or graphics of the Services.
3.1 Payment for our paid service subscriptions will be taken from the credit / debit card or Paypal account that you provide us with on sign-up, or that you provide us with subsequently as your payment method. The subscription price to which you agree initially will be the fixed, recurring cost applicable to ensure your continued use of CalCal. This recurring amount will be clearly specified when you sign up. Any change of subscription cost will be notified to you by email at least 7 days in advance of the next payment being taken.
3.2 Your subscription, and thus any further payments can be cancelled at any time from our subscription management pages. You will not receive a refund for any subscription period you have not used up, except where agreed in advance with our customer services representatives. We highly recommend that prior to cancelling your subscription, you contact us either by phone or email; not only may we be able to negotiate goodwill gestures to avoid you losing out on any remaining period on your subscription, but also so that we may ascertain any reasons for cancellation and endeavour to improve our services both for you and our other customers.
3.3 You acknowledge that we may suspend or terminate your account if we determine that your payment and registration information is not accurate, current, or complete and you do not notify us promptly when such information changes. We also will terminate your account promptly if we determine that you are using someone else’s information (referred to as “identity theft” ).
3.4 In circumstances where payments fail to clear or are charged back, we reserve the right to suspend your access to CalCal’s accounting services. We will attempt to contact you in these instances. Where a credit or debit card chargeback has been initiated by you (ie. you have told your bank that you did not authorise the payment), our card provider charges us a fee of up to £25. This fee will be passed on to you where you have not attempted to contact CalCal in the first instance. If you contact us first, we can investigate the query and reverse the transaction where applicable at no cost.
3.5 Free level is available at CalCal’s discretion and may be withdrawn at any time if we suspect abuse (eg. moving between paid and free levels regularly). You agree that your data may be deleted by CalCal if you do not log in to your accounts for 3 months. You may not import or export financial data to and from a free level.
4. Your Personal Information
4.1 You can view CalCal’s Privacy and Security Policy which governs our use of information collected through the Services. You agree to the applicable Privacy and Security Policy, and any subsequent changes published by CalCal and that CalCal may use and maintain your data according to the Privacy and Security Policy, as part of the Services. By uploading or entering any information for Services and by using the Services, you agree and grant CalCal permission to aggregate your personal data entered or uploaded to help us enhance our services.
5. User Entered Data
5.1 CalCal is not responsible for any data uploaded, posted or stored through your use of the Services. Users are responsible for the integrity of their own financial data. CalCal encourages all Users to keep separate records of their accounting data. While daily backups will be made of your data and all care will be taken to keep it in tact and secure at all times, you agree that CalCal will not be help responsible for any damages associated from: Loss of financial data, corruption of such data or theft of such data.
5.2 We recommend that you keep your personal and contact information updated to allow us to provide you with all required and appropriate warnings, information and disclosures, including but not limited to notifications or warnings where an account appears to have been compromised.
5.3 All figures put into the website are your responsibility and any errors in accounts resulting from incorrectly entered information is your responsibility. We highly recommend that you check, or have checked by a competent person / accountant, all figures and calculations shown by CalCal services. This is particularly true before submitting tax returns, VAT returns and PAYE RTI to HMRC. CalCal will not be held responsible for incorrectly submitted tax returns, VAT returns or other tax calculations. We will not pay for any late submission or other fines that you incur, even if these are seen to be a result of a failure of CalCal to provide the service. When a submission is sent to HMRC, you will be presented clearly with a receipt with a unique identifier from HMRC to say that the submission has been accepted. In circumstances where you do not receive this receipt, do not assume that your submission has been successful. If you are close to a deadline or expect to receive a fine for late submission, submit the return in some other way and then contact us so that we can help you find out what went wrong.
5.4 You agree to indemnify us for any and all claims, damages, losses and expenses (including reasonable legal fees) relating to any acts by you, including but not limited to any data submitted by you, in connection with using the Services, resulting in claims against us by other Users or third parties. CalCal reserves the right to terminate User accounts and take further action against any User found to be in violation of the Conduct and Content Rules in this Section.
6. Accounting Advice
6.1 No Professional Advice. CalCal does not give professional advice and unless specifically included with the Services, CalCal is not in the business of providing legal, financial, accounting, tax or other professional services or advice. If you wish to have assistance for Services relating to the above professions, you should consult the services of a competent and trusted professional.
6.2 Our software will often refer you to official tax advice from HMRC to help you select appropriately for your specific case. Sometimes this advice will be paraphrased where doing so would not detract from or over-simplify the official advice. We always recommend that you check with HMRC’s official helpsheets, especially if you are uncertain. CalCal’s customer services representatives similarly may attempt to explain an accounting or tax concept to you. These explanations will never replace the official advice you can get from HMRC, their websites and helpsheets. While our customer services representatives are often trained and qualified accountants, the advice they give is limited to helping you use the CalCal software.
7. Additional Terms
7.1 Errors in calculation. Where there is an error in accounting that does not result from incorrectly entered data, you agree to notify us as soon as possible so we can fix this for all our users. We will act immediately to attempt to fix any such errors and Calcal reserves the right to alter your data in order to correct these errors. However, any financial penalties associated with incorrect calculations will be your responsibility. We will aim to fix things quickly so that you don’t incur any financial penalties.
7.2 Service Notifications. From time to time we may send you communications regarding our Services including updates to this Agreement or our Privacy and Security Policy and notifications which relate to the Services you have subscribed to use and any other notifications which may be required by law. Such notification will be sent via email, to your account or by posting them on the Website.
7.3 Security. You acknowledge that it is your responsibility to secure your login and password(s) for the Services and to immediately contact us in case you suspect any unauthorized access to your account. We take your security very seriously. Please see our Privacy and Security Policy for more information.
8. Disclaimer of Warranties
CALCAL DO NOT GUARANTEE THE ADEQUACY OF THE SERVICES OR WEBSITE OR COMPATIBILITY AND SECURITY THEREOF TO YOUR COMPUTER EQUIPMENT AND DO NOT WARRANT THAT THIS WEBSITE, THE SERVICES, ITS SERVERS, OR ANY EMAILS OR COMMUNICATIONS TRANSMITTED VIA THE SERVICES WILL BE FREE OF VIRUSES OR SECURE AGAINST HACKING ATTACKS.
In certain jurisdictions some or all of the provisions in this Section may not be effective or the applicable law may mandate a more extensive warranty in which case the applicable law will prevail over this Agreement.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CALCAL, ITS AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE OR INVESTMENT, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE CALCAL SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION; (III) CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE OR SERVICES. THE ABOVE LIMITATIONS APPLY EVEN IF CALCAL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER CALCAL NOR ANY OF ITS SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT.
10. Changes to the Agreement and Services
10.1 CalCal reserves the right to change this Agreement at any time and from time to time. The new Agreement shall be effective once it is posted on our Website or through the Services or upon notifying you by other means (e.g., via a notification to your email). CalCal may also in its sole discretion and at any time discontinue providing the Services, or any parts of the Services, with or without notice, however this will not impact any Services which you have paid for in advance and will only apply to future Services which have not yet been purchased by you. You agree that any suspension and/or termination of our Services may be effected without prior notice, and you acknowledge and agree that your continued use of the Services after the date of changes to this Agreement or our Services indicates your agreement to the changes. The date of last update of this Agreement is set out at the top of this document.
11.1 You acknowledge and agree that CalCal in its sole discretion and without notice may suspend or terminate this Agreement, your User account, or use of our Website and remove and discard any content within the Service for any reason, including if CalCal believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You will not be able to continue using the Services upon termination and any outstanding payments will become due. You acknowledge that in the event of termination of this Agreement Sections 1 through 15 will survive and remain in effect and that the termination shall not affect our rights to any payments due to us. You further acknowledge that CalCal may terminate any free account anytime and shall not be liable to you or to any other person as a result of any such suspension or termination.
12.1 CalCal is a UK company and any disputes arising in relation to your use of CalCal will be governed by English law.
12.2 Severability; Waiver. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term.
12.3 Entire Agreement. Except as expressly provided elsewhere on our Website, this Agreement, our Privacy and Security Policy and any other documents which are stated to apply to you as a User of the Services
13. Contact Us
For more information about our Services or if you have questions about these General Terms of Service, please contact us at https://calcal.uk/contact-us.