Terms of Service
Version 3.9: These terms were last updated on 23rd September 2018. They may be updated in the future and we’ll post the new version here on our website.
What some words mean
So that we can be completely clear, here are some words we use which have specific meanings:
- “More account” means a current subscription to The Software;
- “Account Holder” means a sole trader, partnership or company which has a More Software account (generally this will be your business, or your accountant, if they hold a licence);
- “The Service” means our More software which is accessed via your computer;
- “us” “we” and “our” refers to More Systems Limited, a company registered in England with registered number 07015633 and having its registered office at Hill View, Carwinion Road, Mawnan Smith, Falmouth, Cornwall, TR11 5JD;
- “you” means you, the person who accesses and uses The Service; and
- “your Data” means any data entered by you while using The Service.
Creating and accessing a More account
How to apply: In order to access and use The Service, a More account must first be created. You can apply for a More account to be created via your accountant or direct by calling 0800 915 4225.
Formation of a contract: If we accept an application for the creation of a More account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. If you apply for a More account to be created, you must therefore ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you.
If you become a More Account Holder because you have been referred to us by someone else, your contract for the use of the Service will be with us direct.
Errors in information you gave us: If you made any mistakes in the details you gave to us when applying for a More account (or that you gave to the third party who passed these details to us as part of a specific arrangement we have with them), these errors can be corrected by calling 0800 915 4225.
Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create a More account. This may be due to technical constraints, because you or your business has been banned by us from using The Service or for any other reason. No charge will be made by us for declined applications.
How to access the account: You will not be able to access and use The Service without a valid licence.
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 More account you are accessing and by all other users of that More account.)
- only access an Account Holder’s More account by using a licence which that Account Holder authorises you to use;
- only use The Service on behalf of the Account Holder whose More account you are accessing; and
You must not:
- do anything which could reasonably be expected to damage, disable, overburden, or materially impair The Service 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 MPRE account: please keep any password issued to you secure.
Paying for The Service
Subscription fee amount: A subscription fee for use of The Service is payable either annual in advance or monthly by the Account Holder.
Free trials and beta trials: We do not offer free access to The Service but will host an online demo.
Automatic renewal: We will automatically renew the Account Holder’s subscription and bill them as instructed at setup (either monthly or annually) using.
Non-payment: We shall be under no obligation to provide The Service if the subscription fee (plus VAT) is not paid to us on time. If subscription fees become overdue we reserve the right to suspend your access to The Service until the balance is paid and we may close the Account Holder’s More account permanently.
Fees for multiple accounts: If you would like to use The Service to manage more than one business, you will need to sign up for multiple accounts and pay the subscription fee charged by us for each additional More account.
Authorised Resellers: If you have been granted access to the Service from one of our authorised resellers then, unless otherwise notified to you by us or our reseller:
- your subscription fee will be based on the reseller’s subscription rates as varied from time to time; and
- shall be payable directly to the reseller.
These Terms of Service apply, subject to such changes as are necessary to reflect the above, to all access of The Service via a reseller and we reserve the right to take the actions specified under “Non-payment” above in the event of non-payment to a reseller.
You may also be required to accept terms and conditions by the reseller in order to purchase the Service from them, in which case:
- your subscription fee will be based on the reseller’s subscription rates as varied from time to time;
- you must adhere fully to the reseller’s terms and conditions relating to your use of the Service in addition to these Terms of Service; and
- breach by you of the reseller’s terms shall be deemed a breach of these Terms of Service.
Third Party Scheme: If you have become an Account Holder because of a specific arrangement we have with a third party (e.g. your accountant that third party may pay your subscription fee on your behalf or you may receive a discount on the subscription rates or you will be given the software for free with a support fee. That will be made clear to you when you create your account.
If, for whatever, reason our specific arrangement that we have with that third party comes to an end (or you are no longer entitled to benefit from the arrangement), you may continue to access and use the Service by becoming a full paying customer of More.
We reserve the right to take the actions specified under “Non-payment” above in the event of non-payment by the relevant third party or you.
Who owns what?
Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your 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: 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.
Closing a More account
Cancellation by you: You can close the Account Holder’s More account at any time by calling 0800 915 4225 or email Support@MoreSoftware.biz.
Suspension and closure by us: If you (or any other user of the Account Holder’s More account) fails to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder’s More 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 More account for any reason, by giving one month’s notice.
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 your use of your own computer to access The Service. We will try to keep disruptions to a minimum. 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 committed by us or 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 (or the relevant third party on their behalf).
Liability to us: If you access The Service using a licence created to control access to the Account Holder’s More 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 be 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
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. Therefore you should regularly review this page to check for changes to these Terms of Service. 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 doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms turn 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 English law. If any party wants to take court proceedings in relation to The Service, it must do so in England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.