Terms & Conditions

Pracmate provides practice management software to accounting practices. Pracmate is the trading name of Whiz Solutions Ltd

If you use any of our Websites or Services you agree to comply with and be bound by these Terms. These Terms are binding on any use of the Service and applies from the time you get access to the Service.

Pracmate reserves the right to change these Terms at any time. Pracmate will do their best to provide you with the latest information but you are obliged to check these terms from time to time on our website. You can also request these terms by emailing info@pracmate.co.uk

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

Pracmate

means Pracmate, trading name of Whiz Solutions Ltd, a company registered in England and Wales whose registered office is Suite 32 Winsor & Newton Building, Whitefriars Avenue, Harrow HA3 5RN UK United Kingdom with company number 06465146.

Pracmate

means Pracmate, trading name of Whiz Solutions Ltd, a company registered in England and Wales whose registered office is Suite 32 Winsor & Newton Building, Whitefriars Avenue, Harrow HA3 5RN UK United Kingdom with company number 06465146.

Data

means any data entered or imported by you or with your authority into the Website.

Intellectual Property Rights

means any registered or unregistered design rights, patents, copyright, database rights, data protection rights, trade marks, service marks, moral rights, know-how and any other intellectual or industrial property rights, anywhere in the world.

Invited User

means any person or entity, other than the Subscriber, that uses the Service with the authorization of the Subscriber from time to time.

Service

means the online business software services made available (as may be changed or updated from time to time by Pracmate) via the Website.

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.

Subscription Fee

means the monthly or annual subscription fee (excluding any taxes and duties) payable by you in accordance with the pricing agreed (which Pracmate may change from time to time).

Terms

means the Terms and Conditions of Use here in.

Website

means any of the images, written material, databases, software or other material available at any website owned or operated by Pracmate and Whiz Solutions Ltd.

you

means the Subscriber, and where the context permits, an Invited User. “your” has a corresponding meaning.

Privacy Policy

Pracmate takes privacy very seriously. You can read our privacy policy at www. pracmate.com/privacy

Obligations

It will be your responsibility to ensure the security and confidentiality of usernames and passwords which will be used to access this website. Any breach, compromise or unauthorised use should be immediately notified to Pracmate .

Following things should be observed while accessing the website:

• The security or integrity of the computing system, network and the website of the Pracmate must not be compromised in any way.
• Must not use or abuse the Website in any way that will adversely impact the functionality of the website or the ability of any user to use the website
• Any type of activity resulting in unauthorized access to the computer system on server of the website or to any materials other than those to which access or permission has been granted will amount to a violation or a breach.
• Any type of act resulting in transmission of files, contents that may be offensive, materials, data in violation of any laws (included materials protected by copyright or trade secrets which restricts the right to use it) in the website, damaging any other person’s computing devices or software will be amount to a violation or a breach.
• Any act resulting in modifying, copying, adapting, reproducing, disassembling, decompiling or reverse engineering the website, except as is strictly necessary to use for formal operation will be regarded as a violation or a breach.
• The website should be accessed manually. Any act resulting into usage of automated agents, software other than the search engine to view the website is forbidden
• Pracmate gives you the right to access and use the website as per the role granted to you in your subscription. It cannot be transferred without the permission of Pracmate.
• The subscriber determines who is an invited user and what level of access does that invited user has
• The Subscriber is responsible for all Invited Users’ use of the Service
• The Subscriber is responsible for all Invited Users’ use of the Service
• If there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

If you use any communication tools available through the Website eg. Blogs, support portal, message center, you agree to use such communication tools for lawful and legitimate purposes only. You must not use these tools to post offensive content, any material in violation of intellectual property rights or any offers of goods or services for sale. Pracmate reserves the right to remove any communication at any time in its sole discretion

Indemnity

• You indemnify Pracmate against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to Pracmate , including but not limited to any costs relating to the recovery of any subscription fees that have not been paid by you.
• your use of any information or materials on this Website is entirely at your own risk, for which Pracmate shall not be liable. It shall be your responsibility to ensure that the Website, its products, services and information, meet your specific requirements.

Intellectual Property Rights

• The Intellectual Property Rights in all the constituents comprising the website including the structure, design &layout including graphical images along with the applied source codes vests with Pracmate.
• It is recognized that all the Intellectual Property Rights of Pracmate portal and the website shall vest with Pracmate , unless otherwise agreed between the parties in writing.
• A royalty- free, perpetual, irrevocable, non-exclusive right and license is granted to Pracmate to use, reproduce, modify, adapt, publish, translate, create, derivative work from, distribute, communicate, perform and display the content, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology knows or later developed for full term of any rights that may exist by submitting any blogs, messages boards or forums of Pracmate in public areas. The Content is free to access, display, view, store and reproduce for personal use by any subscriber.
• you shall not provide any content to us that does not belong to you or if you do not have the intellectual property rights for that content.
• Building a copy of our data will be a breach of our intellectual property.

Disclaimer of Warranties

you acknowledge that:

• you are authorised to access and use the Website.
• If you are using the website on behalf of any organization, you would still be liable for your actions along with the organization for any breach of terms.
• The provision of, access to, and use of, the Website is on an “as is, where is” basis and at your own risk.
• It is not guaranteed that the website will be error free. Pracmate will not be responsible for any disruptions caused due to any applications, gadgets including internet services used by yourself to access the website.
• Service availability: Pracmate intends to keep the Services up and running 24 hours a days, seven days a week but does not guarantee this. Pracmate will not accept any liability in case of unavailability of the Service
• It is your sole responsibility to determine that the Website meets the needs of your business.
• Pracmate gives no warranty about the Website. Without limiting the foregoing, Pracmate does not warrant that the Website will meet your requirements or that it will be suitable for your purposes. 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.
• you warrant and represent that you are acquiring the right to access and use the Website and agreeing to these Terms 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 Website or these Terms.

Application Performance

• Pracmate denies all liability for the timely operation of the Website when used within an Internet environment, where you or a third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.
• By accepting these Terms you confirm your understanding that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of Pracmate . You accept that Pracmate is not liable for the perceived slow operation of the Website.

Subscriptions

• Pracmate may offer a 30 day free trial which will determine whether the website is Suitable for the purpose.
• Subscription Fees automatically recur either monthly or annually depending on your subscription package. Subscription Fees begin on your first payment date and are payable in advance of each subscription period. Different Subscription Fees may include access to different Services.
• your subscription is activated by providing the information required on the payments order form. You will pay Pracmate or Pracmate’s distributor (as directed by Pracmate ) the charge for the Subscription Fees by credit/debit card at the time of order.
• Pracmate have a Non refundable policy for any termination of contract.
• Pracmate have the right to terminate your services anytime. When a contract is terminated no further payments will be charged by Pracmate.
• All the outstanding payments need to be cleared before terminating the contract with Pracmate.
• Pracmate will not accept any instructions on your behalf to terminate the contract. You have to apply in writing to terminatethe services provided.

Termination & Remedies for breach of these Terms by you

• Pracmate reserves the right to cancel your contract or restrict your access to the website without any prior notice in any unlikely event of a breach of this contract.
• In case of any legal dispute Pracmate shall be entitled to share your user details Or identity if requested by the court or any other law enforcement authorities or agencies.
• your data will be retained on our database for period of 90 days from the expiry date of your subscription. After this time period all your data will be purged from our database.
• your data will be retained on our database for period of 60 days from the expiry date of your trial period. After this time period all your data will be purged from our database
• Prepaid subscriptions: Pracmate will not provide any refund for any remaining prepaid period if you choose to discontinue your subscription

General

• • Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law. Pracmate may assign its rights and obligations under these Terms and upon such assignment Pracmate shall be relieved of any further obligation under these Terms.
• Unless the relevant party has the prior written consent of the other or unless required to do so by law each party will preserve the confidentiality of all confidential information of the other obtained in connection with these Terms. Neither party will, without prior 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.
• A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
• These Terms and the Privacy Policy supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Pracmate.
• your personal information will not be shared with any third party unless instructed by you or required by law.
• Any disputes arising out of your use of the website is subject to the law of England and Wales
• Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.

Waiver

• Any failure or delay by Pracmate to enforce any of the Terms or to exercise any right under the Terms will not be considered as a waiver to any extent of our rights.
• If either party waives any breach of these Terms in entire agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Data Ownership

• Ownership of the underlying data and right to access belongs to the account payer where the account payer is an owner or shareholder of the organisation. If the account payer is not an owner or shareholder of the organisation, for example a Partner, then the data ultimately belongs to the owner or shareholder of the organisation.

Limitation of Liability

• you must maintain a copy of all data inputted into the website. Pracmate takes backup of all data however does not guarantee that there will no loss of data. We strongly recommend you to take regular backup of your data. Pracmate excludes liability for any loss of data no matter how it was caused.
• To the maximum extent permitted by law, Pracmate 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 Pracmate ’ negligence or failure to comply with these Terms, any claim by you against Pracmate arising from Pracmate ’ negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access 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.

Support

• Pracmate aims to (i) respond to emailed software support queries within 24 hours of them being raised, and to (ii) resolve premium telephone software support queries (other than technical queries) within 1 hour of them being raised, and to (iii) to resolve technical queries within 5 days of them being raised but does not warrant that this will be the case.
• Support is not intended to deal with any questions relating to accountancy, taxation or company law. Our support agents will only help you learn how to use our Services.
• The support service is intended to provide timely, informal help and as such any reliance placed upon it is at your risk. Any opinions or statements made by a support agent should be checked with a relevant professional. To the fullest extent permissible by law Pracmate does not accept any responsibility for the opinions or statements expressed by its support agents. Without this limitation of liability we would not be able to provide this service.
• Pracmate reserves the right to withdraw support from you if you send malicious, offensive or illegal support requests, or your usage of the support service is excessive. The meaning of the terms “malicious”, “offensive” and “excessive” is to be determined at Pracmate ’ sole discretion