Legal

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.

BY USING THE SERVICE OR CLICKING “AGREE” THE CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF THE CUSTOMER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF THEIREMPLOYER, THEN THE CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR EMPLOYER’S BEHALF.

This agreement is between Finance Systems Integration Limited (trading as MTDExpress.co.uk), and the Customer agreeing to these terms (Customer).

  1. SOFTWARE-AS-A-SERVICE: This agreement provides the Customer access to and usage of an Internet based software service as specified on an order and as further outlined at: MTDExpress.co.uk (Service).
  2. USE OF SERVICE:
    • Customer Owned Data: All data and logos uploaded by the Customer remains the property of Customer, as between MTDExpress.co.uk and the Customer (Customer Data). The Customer grants MTDExpress.co.uk the right to use, publicly display and distribute the Customer Data for purposes of performing under this agreement. See the MTDExpress.co.uk FAQs (MTDExpress.co.uk.com/faq) regarding export of the Customer Data.
    • Contractor Access and Usage: the Customer may allow its contractors to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. the Customer is responsible for the compliance with this agreement by its contractors.
    • Customer Responsibilities: the Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for the Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify MTDExpress.co.uk promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s Knowledge Base and applicable law.
    • Technical Support: MTDExpress.co.uk must provide Customer support for the Service under the terms of MTDExpress.co.uk Customer Support Policy (Support) which is located at MTDExpress.co.uk.com/support, and is incorporated into this agreement for all purposes.
    • API: MTDExpress.co.uk provides access to its application-programming interface (API) as part of the Service for no additional fee. Subject to the other terms of this agreement, MTDExpress.co.uk grants the Customer a non-exclusive, non-transferable, terminable license to interact with the API only for purposes of the Service as allowed by the API.
      • Customer may not use the API in a manner that fails to comply with the API technical documentation or with any part of the API. If any of these occur, MTDExpress.co.uk can suspend or terminate The Customer ’s access to the API on a temporary or permanent basis.
      • MTDExpress.co.uk may change or remove existing endpoints or fields in API results upon at least 30 days’ notice to Customer, but MTDExpress.co.uk will use commercially reasonable efforts to support the previous version of the API for at least 6 months. MTDExpress.co.uk may add new endpoints or fields in API results without prior notice to Customer.
      • The API is provided on an ‘AS IS’ and ‘WHEN AVAILABLE’ basis. MTDExpress.co.uk has no liability to the Customer as a result of any change, temporary unavailability, suspension, or termination of access to the API.
    • Publicity: Each the Customer is permitted to state publicly that such the Customer is a the Customer of the service. Each the Customer agrees that MTDExpress.co.uk may include such The Customer ’s name and trademarks in a list of MTDExpress.co.uk customer s, online or in promotional materials. Each the Customer also agrees that MTDExpress.co.uk may verbally reference such the Customer as the Customer of the service. Each Customer may opt out of the provisions in this section by contacting MTDExpress.co.uk Support.
  3. DISCLAIMER. MTDExpress.co.uk DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WHILE MTDExpress.co.uk TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, MTDExpress.co.uk DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. the Customer UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
  4. PAYMENT: the Customer must pay all fees as specified on the order, but if not specified then within 30 days of receipt of an invoice. the Customer is responsible for the payment of all sales, use, withholding, VAT and other similar taxes. This agreement contemplates one or more orders for the Service, which orders are governed by the terms of this agreement.
    • Payment Methods And Gateway: The Customer shall carry out payment of the total amount set out in the Subscription Plan using one of the following payment methods: Credit Card (Visa, MasterCard, Diner's Club, Disover, Amer ican Express) or PayPal..
  5. MUTUAL CONFIDENTIALITY
    • Definition of Confidential Information: Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). MTDExpress.co.uk’s Confidential Information includes without limitation the Service (including without limitation the Service user interface design and layout, and pricing information).
    • Protection of Confidential Information: The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.
    • Exclusions: Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.
  6. PROPRIETARY PROPERTY:
    • Reservation of Rights: The software, workflow processes, user interface, designs, know-how, and other technologies provided by MTDExpress.co.uk as part of the Service are the proprietary property of MTDExpress.co.uk and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with MTDExpress.co.uk. the Customer may not remove or modify any proprietary marking or restrictive legends in the Service. MTDExpress.co.uk reserves all rights unless expressly granted in this agreement.
    • Restrictions: the Customer may not (i) sell, resell, rent or lease the Service or use it in a service provider capacity; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
    • Aggregate Data: During and after the term of this agreement, MTDExpress.co.uk may use non-personally identifiable the Customer Data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support and other business purposes.
  7. TERM AND TERMINATION:
    • Term: This agreement continues until all orders have terminated.
    • Mutual Termination for Material Breach: If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
    • All subscriptions are annual in advance and will expire at the end of the subscription period.
    • Maintenance of the Customer Data:
      • Within 90-days after termination, the Customer Data will be available as specified in the MTDExpress.co.uk FAQs (MTDExpress.co.uk.com/faq).
      • After such 90-day period, MTDExpress.co.uk has no obligation to maintain the Customer Data and may destroy it.
    • Return MTDExpress.co.uk Property Upon Termination: Upon termination of this agreement for any reason, the Customer must pay MTDExpress.co.uk for any unpaid amounts, and destroy or return all property of MTDExpress.co.uk. Upon MTDExpress.co.uk’s request, the Customer will confirm in writing its compliance with this destruction or return requirement.
    • Suspension for Violations of Law: MTDExpress.co.uk may temporarily suspend the Service or remove the applicable the Customer Data, or both, if it in good faith believes that, as part of using the Service, the Customer has violated a law. MTDExpress.co.uk will attempt to contact the Customer in advance.
  8. LIABILITY LIMIT:
    • EXCLUSION OF INDIRECT DAMAGES: MTDExpress.co.uk is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits), even if it knows of the possibility of such damage or loss.
    • TOTAL LIMIT ON LIABILITY: MTDExpress.co.uk’s total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by the Customer within the 6-month period prior to the event that gave rise to the liability.
  9. INDEMNITY: If any third-party brings a claim against MTDExpress.co.uk, or requires MTDExpress.co.uk to respond to a legal process, related to The Customer ’s acts, omissions, data or information within the Software, the Customer must defend, indemnify and hold MTDExpress.co.uk harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim or request.
  10. GOVERNING LAW AND FORUM: This agreement is governed by the laws of the England and Wales (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
  11. OTHER TERMS:
    • Entire Agreement and Changes: This agreement and the order constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. the Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it, and no waiver is effective unless the party waiving the right signs a waiver in writing.
    • No Assignment: Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.
    • Independent Contractors: The parties are independent contractors with respect to each other.
    • Enforceability and Force Majeure: If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events.
    • Money Damages Insufficient: Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
    • No Additional Terms: MTDExpress.co.uk rejects additional or conflicting terms of any the Customer form-purchasing document.
    • Order of Precedence: If there is an inconsistency between this agreement and an order, the order prevails.
    • Survival of Terms: Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive. The UN Convention on Contracts for the International Sale of Goods does not apply.
    • Feedback: By submitting ideas, suggestions or feedback to MTDExpress.co.uk regarding the Service, the Customer agrees that such items submitted do not contain confidential or proprietary information; and the Customer hereby grants MTDExpress.co.uk an irrevocable, unlimited, royalty-free and fully-paid perpetual license to use such items for any business purpose.
  12. UPDATES: We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here and by email.
  13. CONTACT: Feel like getting in touch? Contact MTDExpress.co.uk the Customer support or email us directly at support@mtdexpress.co.uk

This Statement sets out how MTDExpress.co.uk may use and disclose personal information that we may collect about you. We adhere to the 1998 Data Protection Act and the new Data Protection Bill when it comes into effect in May 2018.

MTDExpress.co.uk is the data controller of your personal information for the purposes of Data Protection law.

A. Information we may collect from you

This will depend on the service you are interested in or ask us to provide – for example greater controls are required in the provision of accounting services.

During the course of our engagement we may collect the following data on you

  • Information you may provide us with such as your name and contact information so we can discuss how we may be able to meet your service needs
  • Correspondence and communications information
  • Information obtained as part of us delivering our services to you
  • Information obtained from the usage of our online service
  • For accounting services only – information required for us to check your identity as required by law

We do not monitor or record our calls.

MTDExpress.co.uk does not collect any data on visitors to our public website such as information about your computer, your location, or browser, we do not use cookies on our public facing website, and we do not use any web analytic tools. This means any visitor to our public website MTDExpress.co.uk is anonymous at all times.

However, once you have signed up for any of the services on secure.mtdexpress.co.uk we will collect and process your information. These tools will confirm your identity, track your activity, and actions whilst you are online using our systems This is so we can improve the performance of our service, offer you an acceptable online experience, and maintain the security of our systems and your data. In addition to our online tools, our online service may use cookies. You can refuse to accept cookies by activating the setting on your browser, which refuses the setting of cookies. However, if you select this you may not be able to use certain parts of our online services. For a guide on how to change settings on most internet browsers please visit http://www.aboutcookies.org/.

B. How we use your information and how long we will hold it

Secure.MTDExpress.co.uk collects and processes your information for providing you with our services.

Purpose of processing

  • Recording of Sales Transactions
  • Recording of Purchase Transactions
  • Recording of third party information (Customers and Suppliers
  • Preparation and submission of VAT returns

Categories of personal data -

  • Contact information of registered user and any user they may delegate
  • Contact information of registered user’s business customers and suppliers
  • Scanned images of suppliers invoices that may contain bank details of the supplier

Please note that due to the specific nature of the service you should not enter any employee information beyond their name with respect to an expense claim, no payroll records should be entered in the system. We cannot be responsible for such information.

We store and process your information on our computers and in any other way we decide is appropriate. Sending information via the internet is not completely secure. Although we will do our best to protect your personal data, any data transmission is made at your own risk.

We will retain your information so long as we are required to do so by law or for the purposes of continued service delivery. For accounting related information this will be for a period of 5+1 years from delivery of your final transaction and for identity checks 5 years from the date the check was conducted. We shall retain information if we are in dispute and we have reasonable grounds that arbitration or legal proceedings may follow and all personal information for one year after we ceased to use a sub-contractors service or a client’s agreement has terminated.

To protect your data you must not let anyone else use your name, log in details, or passwords.

C. How we share your information

MTD will not pass on your personal information to third parties (except for the reasons set out below). MTD shall not publish your personal information in the public domain, nor disclose your information to providers of other goods and services.

MTD shall only pass your personal information to a third party if:

  1. MTD uses a third party to perform the service or process or store your data
  2. MTD is required by law or may reasonably believe MTD is required by law to do so, if MTD is required to service a legal process, or if MTD need to prevent a crime or fraud, protect personal safety of MTD users or the public, protect MTD rights and property.
  3. MTD buys or sells its business or assets in which case MTD may disclose your personal information to the seller or buyer of such business or assets
  4. If MTD transfers our rights or duties to a third party

We may transfer and store your data outside the UK or the European Economic Area (EEA) in order to perform the services you have asked us to provide. Before you agree for us to provide services to you, we shall seek your consent for us to do so. We will take all steps reasonably necessary to ensure that your Information is treated securely and in accordance with our obligations laid out under UK law.

D. Granting or removing consent to process data

Your personal data is important and you will need to grant us your consent to use your data. On registering for the services you will have ticked the box consenting to allow us to use the data outlined above

If at any point you wish to opt out of being contacted by us or wish to exercise your right to be forgotten i.e. removing your personal data from our records to the extent that the law allows please write to us at the contact details below and we shall confirm back to you the action we have taken.

We reserve the right to take reasonable steps to authenticate your identity with respect to any such request or other enquiry.

E. Your rights

You have the right to:

  • Request access to the information we hold on you. We are obliged to reply to you within four (4) weeks unless there are specific circumstances that may delay this in which case we shall contact you to explain. There will be a small charge of £25 per request (one request per person) for administering this service.
  • You may ask us to correct any information we hold on you which you believe is inaccurate, incomplete, or notify us if your circumstances have changed. MTD shall endeavour to make such changes within 10 working business days and shall inform you of the action we have taken.
  • You may ask us to delete the information we hold on you subject to the retention rights set out in (B) above.
  • You may exercise these rights by writing to us at our contact details below.

F. Where MTD is a data processor for another organisation

MTD provides specialist services as a provider of back office support to customers. These services are individually negotiated and tailored to the specific customer. MTD provides such services using the customer’s systems. In such circumstances MTD is acting as a Data Processor and will manage personal data to comply with our contract terms and the law.

G. Contact information

Your written requests should be sent to MTD at the following address:

GDPR requests
MTDExpress.co.uk
Mill Road, Steyning,
West Sussex,
BN44 3LN

or use our email address info@MTDExpress.co.uk

H. Updates to MTD’s data protection policy and privacy information

If MTD changes our policy we shall post the changes on our website under the legal section