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Capium - Terms of Service

Terms of Service

Version 1.0

These terms were last updated on 01/09/2012. Whenever, we update our Terms of Service, the old version will be replaced with the newer version.

Here, we are using certain words, which have explicit meanings:

“Account”: If the application is accepted for the creation of a Capium account,, we will confirm this by email, and a legal agreement will come into limelight between the Account Holder and us. If you apply for the making of a Capium account , you gives guarantee that you are empowered to enter into this Agreement. The Agreement will be subject to English law and the outline of these Terms of Service takes control of our alliance with you.
“Account Holder” means a sole trader or company which has a Capium account (generally this will be your business or if you are an accountant, the business which you are advising).”
“Capium account” means a current subscription to

“The Service” means our Capium software which is accessed and used via our password protected websites.

“us” “we” and “our” refers to CapiumĀ online accounting and bookkeeping software.

“You” means you, the person who accesses and uses this website and/or the Service.

“Your Data” means any data entered or uploaded by you while using the Service.

Creating and accessing a Capium account

Creating your account

In order to access and use the Service, a Capium account must first be created. You can apply for a Capium 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 Capium account, we will confirm this by email and at that occasion; a legal contract will come into limelight between the Account Holder and us. If you apply for the creation of a Capium account, you must therefore ensure that you are authorised to come into this agreement on the side of the Account Holder. The contract will be concluded in the English language and the outline of these Terms of Service takes control of our alliance 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 Capium account, these errors can be corrected by accessing the Service and using the “edit” function on the “Your Company” page.

Refusal to create an account

We reserve the right, at our discretion, not to accept an application to create a Capium account. This may be due to technical constraints, because you your occupation has been officially forbid by us from using The Service or for any other cause. No fee will be taken by us for disapproved applications.

Accessing the account

You will not be able to access and exercise The Online Accounting Service without a User ID and password for a Capium account.
By two ways, you can access the accounting service:

Once a Capium 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 add the “New User” under the “Users” page.
Your rights: If the business you represent (or which you are advising) 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 Capium account you are accessing and by all other users of that Capium account.)

Your obligations

You must only access an Account Holder’s Capium account by using a password and username which that Account Holder authorises you to use; and you can only use the Service on behalf of the Account Holder whose Capium account you are accessing and solely for accounting purposes.

You must not do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service of 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 Capium account: kindly protect any password issued to you from any misuse.

Paying for the Service

Subscription fee amount: The Account Holder has to pay, a certain amount in advance, on a monthly basis, for using The Service. The subscription charges may change from time to time, and the updates are posted on our website for reference: Kindly visit our Pricing Page for viewing the rates applicable for the current month. Prices mentioned on our website are in GBP (British Pound).If you want any amendment in your subscription suit in the future, the corresponding change in the payment sum will be reflected in the next billing phase.

One time free/beta trials: During ‘free/beta trial’ period, no charges will be taken from the Account Holder for using the service. The Account Holder is however, not eligible for more than one time ‘free trial’ offer. If we notice that further ‘free trial’ has been demanded, 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.

Default in payment: We are not committed to continue the Service, if the subscription amount is not paid to us on a specified time frame period. It is the responsibility of the Account Holder to confirm that we have exact and comprehensive required data during the flow of the subscription period, likethe Account Holder’s full name, occupational address and a billing contact electronic mail address. If subscription fees become overdue, because for example the Account Holder’s 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 Account Holder’s Capium account permanently.

Complete privilege of your data: The Account Holder itself is responsible for the truthfulness and consistency of his data. The Account Holder retains ownership of any copyright, trademarks, 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: All copyright, database rights, trade marks and other intellectual property rights in the Service (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder.

Your use of automated bank account feeds enabled by the Yodlee data gathering service (Yodlee Service) from within the Service is subject to the Yodlee Terms of Use.

Closing a Capium account

Cancellation by you: You can close the Account Holder’s Capium account at any time by accessing the Service and using the “cancel my account” option on the “My Capium” page. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.

Suspension and closure by us: If you (or any other user of the Account Holder’s Capium account) fail to abide by these Terms of Service, or if payment of the subscription fees is not paid on timely basis, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder’s Capium 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 Capium account (including during any ‘free trial’ or ‘beta trial’ period) for any reason, by giving one months’ notice.

Disclaimer

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 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 Capium 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 being held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.

General legal matters

Entire agreement: These Terms of Service and our Privacy Policy describe the entire agreement between you, the Account Holder and us regarding the Service, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service.

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 does not 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 the UK laws. If any party wants to take court proceedings in relation to The Service, it must do so in UK. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service. By subscribing to Capium you agree to accept and be bound by these terms and conditions.

Use of the Capium software will be subject to the Terms of Service displayed on the Capium website.

The Capium account will be provided in accordance with the Terms of Service displayed on the Capium website from time to time. By submitting information to us you authorise us to process your information for the purpose of running your Capium account. These terms and conditions shall be governed by UK law and all parties submit to the jurisdiction of the UK courts.

Contact

CapiumĀ 

info@capium.com