Terms and Conditions

 

 

1. Your relationship with BizPay

 

1.1 Your use of BizPay’s products, software, services and web sites (referred to collectively as the “Services”) in this document is subject to the terms of a legal agreement between you and BizPay. This document explains how the agreement is made up, and sets out some of the terms of the agreement. Throughout this document, “BizPay” means BizPay Ltd.

 

1.2 Unless otherwise agreed in writing with BizPay, your agreement with BizPay will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

 

1.3 Your agreement with BizPay will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

 

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and BizPay in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

 

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

 

2. Accepting the Terms

 

2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

 

2.2 You can accept the Terms by:

 

(A) Clicking to accept or agree to the Terms, where this option is made available to you by BizPay in the user interface for any Service; or

 

(B) By actually using the Services. In this case, you understand and agree that BizPay will treat your use of the Services as acceptance of the Terms from that point onwards.

 

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with BizPay, or (b) you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.

 

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

 

3. Language of the Terms

 

3.1 Where BizPay has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with BizPay.

 

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

 

4. Provision of the Services by BizPay

 

4.1 BizPay has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of BizPay itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

 

4.2 BizPay is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which BizPay provides may change from time. While BizPay will endeavour to notify you should there be such a change you accept that there is no requirement to give prior notice to you.

 

4.3 As part of this continuing innovation, you acknowledge and agree that BizPay may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at BizPay’s sole discretion. Again while BizPay will endeavour to let you know if the Services are to be stopped, you accept that there is no requirement to give prior notice to you. You may stop using the Services at any time and you do not need to specifically inform BizPay should you stop using the Services.

 

4.4 While BizPay will endeavour to provide access to all information you provide using the service, you acknowledge and agree that if BizPay disables access to your account (for example due to a breach of these terms), you may be prevented from accessing the Services, your account details, any files or other content which is contained in your account.

 

4.5 You acknowledge and agree that while BizPay may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by BizPay at any time, at BizPay’s discretion.

 

 

5. Use of the Services by you

 

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any information you give to BizPay will always be accurate, correct and up to date.

 

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software or other relevant countries).

 

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through an interface that is provided by BizPay, unless you have been specifically allowed to do so in a separate agreement with BizPay.

 

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

 

5.5 Unless you have been specifically permitted to do so in a separate agreement with BizPay, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

 

5.6 You agree that you are solely responsible for (and that BizPay has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BizPay may suffer) of any such breach.

 

6. Your passwords and account security

 

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

 

6.2 Accordingly, you agree that you will be solely responsible to BizPay for all activities that occur under your account.

 

6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify BizPay immediately.

 

7. Privacy and your personal information

 

7.1 When you sign up for the Services you will submit personal information (such as name, email address and an password) to us and we will make sure that this information is never shared with any third parties without your explicit consent.

 

7.2 For certain services, we will request that credit card or other payment account information is submitted. In these situations you will submit the payment information to a third party payment provider and we will ensure that no details of your card or account information are stored on our servers. This ensures that it is impossible for anyone to have access to your payment details for any other purpose than completing the payment which you are making to BizPay.

 

7.3 Should you choose to pay for the Services via direct debit, our third party payment provider will store only the details necessary to process the payments on your behalf. We will ensure that our interface makes it easy to cancel your direct debit and also that we keep a clear, easily accessible record of all payments you make to us.

 

7.4 When you access the Services, our servers will sometimes record information about your visit for security purposes. We will not store these records once you have logged out of the system.

 

7.5 When you send email or other communications using the Services, we will retain those communications on your behalf.

 

7.6 We offer some of our services on or through other web sites. Personal information that you provide to those sites may be sent by us in order to deliver the service. Where third party websites are used we make a commitment that any information sent will be (a) explicitly authorised by you and (b) kept only for as long as is needed to deliver the service.

 

7.7 BizPay will only process personal information for the purposes described in the Terms or the Additional Terms for specific services. In addition to the above, such purposes include:

 

  • Providing the Services;

  • Auditing, research and analysis in order to maintain, protect and improve our services;

  • Ensuring the technical functioning of the Services;

  • Protecting the rights or property of BizPay or our users; and

  • Developing new services.

 

7.8 BizPay processes personal information on our servers in the United Kingdom. In some cases, this may mean that we process personal information on a server outside your own country.

 

7.9 If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent.

 

7.10 BizPay will only share personal information with other companies or individuals outside of BizPay in the following limited circumstances:

 

  • We have your consent. We require opt-in consent for the sharing of any sensitive personal information.

  • We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of BizPay, its users or the public as required or permitted by law.

 

7.11 If BizPay becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

 

7.12 We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users of the Services, for example, or how many users have discrepancies in the data they provided. In all cases where this information is used we will insure that the information does not identify any one individual or company.

 

 

8. Information security and Data integrity

 

8.1 BizPay will take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

 

8.2 We restrict access to personal information to BizPay employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

 

8.3 BizPay will process personal information only for the purposes for which it was collected and in accordance with these terms or any applicable privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under the Terms. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on users of the Services to update or correct their personal information whenever necessary.

 

8.4 When you use the Services, we make good faith efforts to provide you with access to all the information which you have submitted to us via our interface. We commit to providing a clear option for you to removing your personal information should you wish to stop using the service. We will ensure that personal information which you submit using the Services will be made available through our interface.

 

8.5 By using the Services you agree to the use of your data in accordance with these terms and any Privacy policies which may apply.

 

9. Proprietary rights

 

9.1 You acknowledge and agree that BizPay (or BizPay’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by BizPay and that you shall not disclose such information without BizPay’s prior written consent.

 

9.2 Unless you have agreed otherwise in writing with BizPay, nothing in the Terms gives you a right to use any of BizPay’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

 

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with BizPay, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and BizPay's brand feature use guidelines as updated from time to time.

 

9.4 Other than the limited license set forth in Section 11, BizPay acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with BizPay, you agree that you are responsible for protecting and enforcing those rights and that BizPay has no obligation to do so on your behalf.

 

9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

 

9.6 Unless you have been expressly authorised to do so in writing by BizPay, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

 

10. Licence from BizPay

 

10.1 BizPay gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by BizPay as part of the Services as provided to you by BizPay (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BizPay, in the manner permitted by the Terms.

 

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by BizPay, in writing.

 

10.3 Unless BizPay has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

 

11. Content licence from you

 

11.1 When using the Services to provide information, you retain copyright and any other rights you already hold in the information which you submit through the Services.

 

11.2 By the act of submitting or posting job information to the Service, BizPay are given a perpetual, worldwide, royalty-free, and non-exclusive licence to use the job information provided. This licence is for the sole purpose of enabling BizPay to deliver the Services to authorised users. The job information may be changed or removed at any time using the removal options provided within the web interface to the Services.

 

11.2 You agree that this licence includes a right for BizPay to make information submitted available to other authorised companies, organisations or individuals with whom BizPay has relationships for the provision the Services, and to use such information in connection with the provision of those services.

 

11.3 You understand that BizPay, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute the provided information over various networks; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit BizPay to take these actions.

 

11.4 You confirm and warrant to BizPay that you have all the rights, power and authority necessary to grant the above licence.

 

12. Ending your relationship with BizPay

 

12.1 The Terms will continue to apply until terminated by either you or BizPay as set out below.

 

12.2 If you want to terminate your legal agreement with BizPay, you may do so by (a) notifying BizPay at any time and (b) closing your account for the Services which you use, where BizPay has made this option available to you.

 

12.3 BizPay may at any time, terminate its legal agreement with you if:

 

(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) BizPay is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) The partner with whom BizPay offered the Services to you has terminated its relationship with BizPay or ceased to offer the Services to you; or

(D) BizPay is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) The provision of the Services to you by BizPay is, in BizPay’s opinion, no longer commercially viable.

 

12.4 Nothing in this Section shall affect BizPay’s rights regarding provision of Services under Section 4 of the Terms.

 

12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and BizPay have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

 

14. Exclusion of Warranties

 

14.1 The Services are provided "as is" and BizPay, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.

 

14.2 In particular, BizPay, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:

 

(A) Your use of the Services will meet your requirements,

(B) Your use of the Services will be uninterrupted, timely, secure or free from error,

(C) Any information obtained by you as a result of your use of the Services will be accurate or reliable, and

(D) That defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.

 

14.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

 

14.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

 

15. Limitation of Liability

 

15.1 Nothing in these Terms shall exclude or limit BizPay’s liability for losses which may not be lawfully excluded or limited by applicable law.

 

15.2 Subject to overall provision in paragraph 15.1 above, BizPay, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:

 

(A) Any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;

(B) Any loss or damage which may be incurred by you as a result of:

(i) Any reliance placed by you on the completeness or accuracy of any information provided through the Services;

(ii) Any changes which BizPay may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

(iii) The deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;

(iii) Your failure to provide BizPay with accurate account information;

(iv) Your failure to keep your password or account details secure and confidential

 

15.3 The limitations on BizPay’s liability to you in paragraph 15.2 above shall apply whether or not BizPay has been advised of or should have been aware of the possibility of any such losses arising.

 

16. Advertisements

 

16.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services or other information.

 

16.2 The manner, mode and extent of advertising by BizPay on the Services are subject to change without specific notice to you.

 

16.3 In consideration for BizPay granting you access to and use of the Services, you agree that BizPay may place such advertising on the Services and accept that you may have the option of removing the advertising displayed for a fee which will allow you to use the Services without advertising for a specified period.

 

17. Other content

 

17.1 The Services may include hyperlinks to other web sites or content or resources. You accept that BizPay is not responsible for any web sites or resources which are provided by companies or persons other than BizPay.

 

17.2 You acknowledge and agree that BizPay is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

 

17.3 You acknowledge and agree that BizPay is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

 

18. Changes to the Terms

 

18.1 BizPay may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, BizPay will make a new copy of the Universal Terms available at http://www.bizpay.co.uk/terms and any new Additional Terms will be made available to you from within, or through, the Services.

 

18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, BizPay will treat your use as acceptance of the updated Universal Terms or Additional Terms.

 

19. General legal terms

 

19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use or purchase a service or software, which are provided by another person or company. Your use of these other services or software may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

 

19.2 The Terms constitute the whole legal agreement between you and BizPay and govern your use of the Services (but excluding any services which BizPay may provide to you under a separate written agreement), and completely replace any prior agreements between you and BizPay in relation to the Services.

 

19.3 You agree that BizPay may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

 

19.4 You agree that if BizPay does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BizPay has the benefit of under any applicable law), this will not be taken to be a formal waiver of BizPay’s rights and that those rights or remedies will still be available to BizPay.

 

19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

 

19.6 You acknowledge and agree that each member of the group of companies of which BizPay is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

 

19.7 The Terms, and your relationship with BizPay under the Terms, shall be governed by English law. You and BizPay agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BizPay shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.