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Terms of Service

Terms of Service

Last updated on 4th July 2017.

Thanks for choosing Business Hound, an online financial administration service for small businesses. These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that Business Hound provides You with access to the Service.

The Business Hound Service may change over time as new functions and adaptations are made which may require changes to these Terms of Use. We will notify you of changes to these Terms of Use when they occur. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms of Use and Your continued use of the Services indicates your agreement to the changes.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

Definitions used in this Agreement

“Agreement” means these Terms of Use.
“Subscription Fee” means the monthly fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which Business Hound may change from time to time on notice to You).
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information that is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data” means any data inputted by You or with Your authority into the Website.
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Service” means the online financial administration service made available (as may be changed or updated from time to time by Business Hound) via the Business Hound Website and Mobile Applications.
“Website” means the Internet site at the domain www.mybusinesshound.com or any other site operated by Business Hound.
“Business Hound” means Ember Technology Ltd (Registered in Scotland, UK Registration Number: SC549072) and all current and future global subsidiaries of Business Hound Limited.
“Authorised User” means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
“Subscriber” means the person who registers to use the Service and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“You” means the Subscriber, and where the context permits, an Authorised User. “Your” has a corresponding meaning.
“Referral Code” means the unique code that you can use to invite new Subscribers to Business Hound in exchange for Subscription Fee discounts.

USE OF SOFTWARE

Business Hound grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Authorised Users, or any other applicable laws:
- the Subscriber determines who is an Authorised User and what access the Authorised User has to the Service;
- the Subscriber is responsible for all Authorised Users’ use of the Service;
- the Subscriber controls each Authorised User’s access to the Service at all times and can revoke or change an Authorised User’s access at any time and for any reason, in which case that person or entity will cease to be an Authorised User;
- if there is any dispute between a Subscriber and an Authorised User regarding access to the Service, the Subscriber shall decide what access to the relevant Data or Service that Authorised User shall have, if any.

YOUR OBLIGATIONS

Payment
A Subscription Fee for use of The Service is payable monthly in advance by the Subscriber. The Subscription Fee rates are published on the Website and we may vary these from time to time. Prices on our website are quoted in UK Pounds Sterling and exclude VAT, which is also payable.

No charge for use of The Service will be made during any ‘free trial’ period or any ‘beta trial’ period. The Subscriber 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.

Once any ‘free trial’ or ‘beta trial’ period is over, we will automatically renew the Subscriber’s subscription and bill them every month using the credit or debit card details provided to us, until the Business Hound account is closed.

We shall be under no obligation to provide The Service if the Subscription Fee (plus VAT) is not paid to us on time. The Subscriber must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Subscriber, its business address, and a billing contact email address. If Subscription Fees become overdue because, for example, the Subscribers credit card has expired, we reserve the right to suspend your access to the Service until the balance is paid and we may close the Subscriber’s Business Hound account.

If you would like to use The Service to manage more than one business, you will need to sign up for multiple accounts and pay the Subscription Fee charged by us for each additional Business Hound account.

You may be entitled to referral discounts for the Subscription Fees as a result of new Subscribers opening accounts using your Referral Code. Details of how to use Referral Codes and discounts are available on the Business Hound Website

General Obligations
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Business Hound or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

Accessing the Service
You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Business Hound of any unauthorised use of Your passwords or any other breach of security and Business Hound will reset Your password. You must take all other actions that Business Hound reasonably deems necessary to maintain or enhance the security of Business Hound’s computing systems and networks and Your access to the Services.

As a condition of these Terms, when accessing and using the Services, You must:
– not attempt to undermine the security or integrity of Business Hound’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
– not use, or misuse, the Services in any way that may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
– not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
– not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets that You do not have the right to use); and
– not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

Communication Tools
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets that You do not have the right to use).

When You make any communication on the Website, You represent that You are permitted to make such communication. Business Hound is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Business Hound does reserve the right to remove any communication at any time in its sole discretion.

Indemnity
You indemnify Business Hound against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Business Hound, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You.

CONFIDENTIALITY AND PRIVACY

Confidentiality
Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

  2. Each party’s obligations under this clause will survive termination of these Terms.

  3. The provisions of clauses 1 and 2 shall not apply to any information that; is or becomes public knowledge other than by a breach of this clause; is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or is independently developed without access to the Confidential Information.

Privacy
Business Hound maintains a privacy policy that sets out the party’s obligations in respect of personal information. You should read the policy at www.mybusinesshound.com/privacy/ and You will be taken to have accepted the policy when You accept these Terms.

INTELLECTUAL PROPERTY

Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Business Hound (or its licensors).

Your Data
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Business Hound Subscription Fee when due. You grant Business Hound a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

You must maintain copies of all Data inputted into the Service. Business Hound adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Business Hound expressly excludes liability for any loss of Data no matter how caused.

Third-party applications and your Data.

If You enable third-party applications for use in conjunction with the Services, You acknowledge that Business Hound may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Business Hound shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

WARRANTIES AND ACKNOWLEDGEMENTS

Authority
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

Acknowledgement:
You acknowledge that:

You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).

Business Hound has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:

  1. You are responsible for ensuring that You have the right to do so;

  2. You are responsible for authorising any person who is given access to information or Data, and you agree that Business Hound has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and

  3. You will indemnify Business Hound against any claims or loss relating to Business Hound’s refusal to provide any person access to Your information or Data in accordance with these Terms and Business Hound’s making available information or Data to any person with Your authorisation.

The provision of, access to, and use of, the Services is on an “as is” basis and at Your own risk.

Business Hound does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Business Hound is not in any way responsible for any such interference or prevention of Your access or use of the Services.

Business Hound is not Your accountant and use of the Services does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant.
It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

No warranties
Business Hound gives no warranty about the Services. Without limiting the foregoing, Business Hound does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Consumer guarantees
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Business Hound excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

If You suffer loss or damage as a result of Business Hound’s negligence or failure to comply with these Terms, any claim by You against Business Hound arising from Business Hound’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid by You in the previous 12 months.

If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with the termination clauses in this Agreement.

TERMINATION

Trial policy
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose not to continue using the Services, You may close your account.

Prepaid Subscriptions
Business Hound will not provide any refund for any remaining prepaid period for prepaid Subscription Fees.

No-fault termination
These Terms will continue for the period covered by the Subscription Fee paid or payable under Your Obligations (Payment). At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Subscription Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Subscription Fees on a pro-rata basis for each day of the current period up to and including the day of termination of these Terms.

Breach
If You:

  1. breach any of these Terms (including, without limitation, by non-payment of any Subscription Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;

  2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any payment of Subscription Fees that are more than 30 days overdue); or

  3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

    Business Hound may take any or all of the following actions, at its sole discretion:

  1. Terminate this Agreement and Your use of the Services and the Website;
  2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
  3. Suspend or terminate access to all or any Data.
  4. Take either of the actions in sub-clauses 4, 5 and 6 of this clause in respect of any or all other persons whom You have authorised to have access to Your information or Data.

For the avoidance of doubt, if payment of any invoice for Subscription Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organisations (as defined in Your Obligations) is not made in full by the relevant due date, Business Hound may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

Accrued Rights
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will remain liable for any accrued charges and amounts that become due for payment before or after termination; and immediately cease to use the Services and the Website.

Expiry or termination
Clauses Your Obligations (Payment), Communication Tools, Confidentiality, Intellectual Property, Warranties and Acknowledgements, Limit of Liability, Termination and General Legal survive the expiry or termination of these Terms.

HELP DESK

Technical Problems
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Business Hound. If You still need technical help, please check the support provided online by Business Hound on the Website or failing that, email us at support@mybusinesshound.com.

Service availability
Whilst Business Hound intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason Business Hound has to interrupt the Services for longer periods than Business Hound would normally expect, Business Hound will use reasonable endeavours to publish in advance details of such activity on the Website.

GENERAL

Entire Agreement
These Terms, together with the Business Hound Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Business Hound relating to the Services and the other matters dealt with in these Terms.

Waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Delays
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

No Assignment
You may not assign or transfer any rights to any other person without Business Hound’s prior written consent.

Governing law and jurisdiction:
This Agreement is governed by the laws of Scotland and You hereby submit to the exclusive jurisdiction of the courts of Scotland for all disputes arising out of or in connection with this Agreement.

Severability
If any part or provision of these Terms are invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

Notices
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Business Hound must be sent to support@mybusinesshound.com or to any other email address notified by email to You by Business Hound. Notices to You will be sent to the email address that You provided when setting up Your access to the Service.

Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.