Terms and Conditions for use of iCentric Systems Online Services

Introduction

Welcome to iCentric Systems, an online business management and accounting system for small businesses. If you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern iCentric Systems relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
These terms are binding on any use of the software and apply to you from the time you are provided with a valid login.
The iCentric software and website will evolve over time based on user feedback. iCentric Systems reserve the right to change these Terms and Conditions at anytime, effective upon posting the modified Terms and Conditions on the website. iCentric will make every effort to communicate these changes to you via email or via the website. It is your obligation to ensure you read and understand the most recent Terms and Conditions on the website.

Definitions

The term ' iCentric Systems' or 'us' or 'we' refers to the owner of the website whose registered office is 14A Albany Road, Weymouth, Dorset, DT4 9TH. Our company registration number is 7410400.
' You' refers to the user or viewer of the website.
' Your Data' refers to any data entered or uploaded by You while using the website.
' iCentric Account' refers to a current subscription to the website.
' The Application' refers to the iCentric software which is accessed via the login ***
' Login Details' refers to the login name and password issued to you via email from us.
' Account Holder' refers to a company which has an iCentric account.
' Intellectual Property Rights' refers to any patent, trade mark, service mark, copyright, moral right, right in design, rights in know-how, and rights in invention (in all cases whether registered or unregistered)
' Website' refers to the internet site at the domain www.icentricsystems.com or any other site operated by iCentric Systems.

Your iCentric Account

The purpose of an iCentric account is to subscribe to all or parts of the iCentric's online accounting and business management software via the website. In order to access and use the application you must complete the registration form and submit it to us. We reserve the right, at our discretion to refuse a registration.
Once we have accepted your registration your unique login details will be emailed to you. Your free one (1) month trial will commence on the date you are issued with these details enabling you to test the application.
If during the trial month you do not wish to continue using the application then you must inform us via email to our support services and no charge will be incurred. We will then delete any of your data that has been stored onto our server.
If at the end of the trial month you wish to continue using the application then you must approve the Terms and Conditions, choose your level of subscription and pay the appropriate monthly subscription.
At this point a legally binding contract will be created between the Account Holder and Us. You must ensure you are authorised to enter into this contract. The provisions of these Terms and Conditions shall govern our agreement with the Account Holder.
The agreement thereafter shall continue on a rolling monthly contract basis, unless or until termination by either party by providing the other with thirty (30) days written notice.

Termination of Your iCentric Account

iCentric Systems reserve the right to terminate the agreement at any time without notice if you are in any material breach of any of these Terms and Conditions. For clarity, failure to pay the any charges lawfully due shall be regarded as a material breach.
In the event of the termination of your agreement, you shall have the right to request the export of your data from the application without charge for a period of two (2) weeks from the date of the termination. Thereafter, iCentric Systems reserves the right to make a charge for the export of your data. iCentric Systems does not guarantee that the exported data will be re-usable or accessible in any third party accounting packages.
Unless otherwise agreed your company data may be permanently deleted by iCentric Systems 90 days after the termination of your agreement.
You can close your account by sending an email to our support department with thirty (30) days notice. No refunds will be made of any subscription fees already paid.

Paying for Your Account

Each month, the account holder agrees to pay iCentric systems a subscription fee for the use of the application. Failure to pay the subscription will result in the suspension of your iCentric account. If after two weeks no payment is received then the account will be terminated. Email notification will be sent informing the account holder of the payment failure.
The subscription fees are posted on the website and are exclusive of VAT.
iCentric Systems reserves the right to change the subscription charges on the 1st January each year by giving you no less than 7 days notice via the website.
There is no charge for the 'free trial' period of one month.
No refund of any subscription fees shall be given under any circumstances.

Our Responsibilities

iCentric Systems shall use its best endeavours to ensure:

• The application functions in accordance with any User Guides.
• Respond to Support Requests during office hours 9:00am to 5:00pm, Monday to Friday (weekends and Bank holidays excluded).
• Respond to any Support Request by e-mail within 4 hours of receipt.

  iCentric Systems reserves the right to

• Limit the time spent on a single Support Request to thirty (30) minutes.
• Limit the Support Request per month from each account holder to three (3) per calendar month.
• Not respond to a Support Request where it is reasonably determined that the request does not relate to the application.

Your Responsibilities

You agree to:

• Use the application in accordance with these Terms and Conditions
• Use the application only for lawful and proper purposes and comply with all applicable laws, regulations and conventions;
• Promptly notify us if you suspect or become aware of any unauthorised use of the service
• Be responsible for the protection of the secure login details provided to you
• Notify iCentric Systems immediately if any secure details have been used in an unauthorised way
• Change your passwords at frequent and regular intervals
• Not interfere with the workings of the application or website
• Only access the account using the authorised login details.
• Not question or dispute our ownership of the Intellectual Property Rights in the application
• Not to copy, reproduce or adapt any part of the software and/or documentation by all means and under any form.

Trade Marks

With your permission, we may wish to use your logo, name and trade mark in connection with advertising and marking material.

Disclaimer

We make no guarantees that the application 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. The application is internet based and so dependent on the reliability of the Internet and the use of your own computer to access the application. While we will generally strive to mitigate, if possible, the negative effect of Internet problems(such as but not constrained to outages, link failures, network overloads,etc) iCentric Systems will in no way be held liable in any manner for loss suffered as a result of such problems. We will endeavour to keep disruption to a minimum but we may need to suspend the application from time to time for support work and maintenance to be carried out. The application is not a substitute for a professional accountant and any information presented does not constitute accounting advice.
You use the application 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 application (even if we have been advised of their possibility.)
Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to the use of the application shall not exceed an amount equal to the subscription fees which the account holder has paid to us in the previous month.

Legal Matters

These Terms and Conditions and our Privacy Policy describe the entire agreement between You, the account holder and us, iCentric Systems regarding the application and supersedes any prior understanding or agreements. We reserve the right to change the terms and conditions on your use of the application. The changes will be posted on the web site and become effective from the Account holder's next monthly subscription. Your continued use of the application will constitute acceptance of the new terms. You cannot change these terms and conditions.
If you or we ignore any breech of these terms and conditions, it does not mean that any further breech cannot be enforced.
Any notices given under these Terms by either party must be by email. Notices to you will be sent to the email address you provide when setting up your company details within the application. Notices to iCentric Systems must be sent to support@icentricsystems.com.
These terms and conditions shall be governed by and interpreted in accordance with the law of England and Wales. If any part and to take court proceedings in relation to the application, it must do so in England. You are responsible for the compliance with the applicable laws of the country from which you use or access the application.

Version 1.0
October 16th 2011