Clear Books is an online accounting Website for small businesses. If You continue to browse, use or subscribe to 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 Clear Books’ relationship with You in relation to this Website.

Clear Books reserves the right to change these Terms at any time. It is your obligation to ensure that you have read, understood and agree to the most recent Terms available on the Website.

Definitions

“Clear Books”
means Clear Books Limited, a company registered in England and Wales whose registered office is Clear Books Limited, Manor Coach House, Church Hill, Aldershot, Hampshire, GU12 4RQ with company number 06636109.

“Data”
means any data input or imported by You 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.

“Terms”
means the Terms and Conditions of Use herein.

“Website”
means any of the images, written material, databases, software or other material available at the internet address “www.ClearBooks.co.uk” or any other websites operated by Clear Books.

“You”
means you and your employees, consultants, representatives and agents using the Website.

1. Privacy Policy

1.1 Your privacy is important to us. Please click here to access our Privacy Policy, which forms part of these Terms.

2. Access Conditions

2.1 You will ensure that all usernames and passwords required to access the Website are kept secure and confidential. You will immediately notify Clear Books of any unauthorised use of your passwords or any other breach of security and Clear Books will reset your password.

2.2 When accessing and using the Website You must:

a) not attempt to undermine the security or integrity of Clear Books computing systems or networks;

b) not use, or misuse, the Website in any way which may impair the functionality of the Website, or impair the ability of any other user to use the Website;

c) not attempt to gain unauthorised access to the computer system on which the Website is hosted or to any materials other than those to which you have been given express permission to access;

d) 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 which you do not have the right to use);

e) not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Website except as is strictly necessary to use for normal operation;

f) only access the Website manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is forbidden;

g) not attempt to build a copy of our Data.

2.3 Clear Books grants You the right to access and use the Website with the user roles according to your subscription type. This right is non-exclusive and non-transferable. You must only use the Website for your own lawful internal business purposes.

3. Intellectual Property Rights

3.1 All Intellectual Property Rights in all the material which comprises the Website including, but not limited to, design, structure, layouts, graphical images and underlying source code belongs to Clear Books. All rights are reserved.

3.2 You acknowledge that, except as otherwise agreed between the parties in writing, all Intellectual Property Rights of Clear Books and the Website shall remain with Clear Books.

3.3 By submitting content to any public area of Clear Books, including blogs, message boards, and forums, You grant Clear Books a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

3.4 By submitting content You warrant that You are entitled to and have all necessary Intellectual Property Rights over that content.

4. Trademark Notice

4.1 ClearBooks.co.uk, Clear Books and the Clear Books logo are trademarks of Clear Books Limited.

5. Data Protection

5.1 Clear Books may place information concerning You on a database of internal use only. Clear Books will never disclose your details to any third party unless required to by law, unless specifically instructed to the contrary by the User.

6. Third Party Websites, Goods and Services

6.1 Clear Books provides links to third party websites that are not affiliated with Clear Books (although Clear Books branding, advertisements or links may appear on these websites) and Clear Books may send e-mail messages to You containing advertisements or promotions including links to third parties. Clear Books makes no representation as to the quality, suitability, functionality or legality of any third party websites which we link to, or to any goods and services available from such websites.

6.2 All matters concerning goods and services that you purchase from a third party website including all contract terms are solely between You and the owner of that website. Clear Books will not be liable for any costs or damages to You or any third party arising directly or indirectly out of any third party website. You hereby waive any claim You might have against Clear Books with respect to any such websites. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

7. Disclaimer of Warranties

7.1 You acknowledge that:

a) You are authorised to access and use the Website;

b) If You are using the Website on behalf of or for the benefit of any organisation then Clear Books will assume that You have the right to do so. The organisation will be liable for your actions including any breach of these Terms;

c) The provision of, access to, and use of, the Website is on an “as is, where is” basis and at your own risk;

d) Clear Books does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, 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 Website. Clear Books is not in any way responsible for any such interference that prevents your access or use of the Website.

e) Clear Books is not your accountant and use of the Website should not substitute professional accounting advice. If you have any accounting questions, contact an accountant.

f) It is your sole responsibility to determine that the Website meets the needs of your business.

7.2 Clear Books gives no warranty about the Website. Without limiting the foregoing, Clear Books 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.

7.3 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.

8. Application Performance

8.1 Clear Books 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.

8.2 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 Clear Books. You accept that Clear Books is not liable for the perceived slow operation of the Website.

9. Subscriptions and Refunds

9.1 Clear Books offers a 30 day free trial, a free subscription plan and a demo account which all allow You to assess if the Website is satisfactory for your purpose. This free subscription is available at our discretion.

9.2 Subscriptions are offered for varying periods of time, at varying costs and may include access to different services or information. Clear Books does not guarantee that the Website will always be available or that every service or piece of information will always be available. Clear Books will use its best endeavours to ensure that the Website and all its services are available and up to date.

9.3 Subscriptions are for the period stated or any part thereof and commence immediately on receipt of payment. No refund will be given for the cancellation or termination of a subscription.

9.4 You will subscribe to a Website subscription package by providing the information required on the payments order form. You will pay Clear Books or Clear Books’ distributor (as directed by Clear Books) the charge for the subscription by credit/debit card at the time of order unless terms are otherwise agreed in writing.

9.5 Due to the digital nature of the subscriptions no automatic right of refund or cancellation exists after a subscription has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.

9.6 Clear Books may refund subscriptions in whole or part at their sole discretion. The exercise of such discretion is arbitrary and shall not establish precedent with regard to a specific customer or any customer.

9.7 Susbcriptions can be cancelled at any time. When a subscription is cancelled no further payments will be taken by Clear Books.

10. Termination & Remedies for Breach of these Terms by You

10.1 Clear Books is entitled to restrict, suspend or terminate your subscription or deny You access to the Website without notice in the event of a breach of these Terms.

10.2 Clear Books shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Clear Books in its sole discretion considers reasonably necessary or appropriate.

11. Force Majeure

11.1 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.

12. Jurisdiction

12.1 Your use of the Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales.

13. Survival

13.1 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.

14. Absence of Waiver

14.1 Any failure or delay by Clear Books to enforce any of the Terms or to exercise any right under the Terms will not be construed as a waiver to any extent of our rights.

15. Right to Assign

15.1 Clear Books may assign its rights and obligations under these Terms and upon such assignment Clear Books shall be relieved of any further obligation under these Terms.

16. Entire Agreement

16.1 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 Clear Books.

17. Confidentiality

17.1 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 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.

18. Rights of Third Parties

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

19. Indemnity

19.1 You indemnify Clear Books against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation You may have to Clear Books, including but not limited to any costs relating to the recovery of any subscription fees that have not been paid by You.

19.2 Your use of any information or materials on this Website is entirely at your own risk, for which Clear Books shall not be liable. It shall be your responsibility to ensure that the Website, its products, services and information, meet your specific requirements.

20. Partners

20.1 Partners are accountants and bookkeepers who have subscribed to the Partner price plan and benefit from discounted prices. Partners are not endorsed, certified or approved by Clear Books. Clear Books is not responsible for the quality of their service. It is Your responsibility to vet Clear Books Partners for the service you require.

21. Affiliate Scheme

21.1 Clear Books reserves the right to alter its Affiliate Scheme at any time.

21.2 Clear Books reserves the right to remove You from the Affiliate Scheme at any time and refuse payment of any monies owed. Reasons for such action include using spam techniques to promote Your affilliation.

21.3 A Clear Books Partner is not elligible to refer their own clients to Clear Books under the affiliate scheme.

22. Data Ownership

22.1 Ownership of the underlying data and right to access on a Clear Books account 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 reseller or a Clear Books Partner, then the data belongs to the owner or shareholder of an organisation.