Online Terms of Service

Introduction

These are the terms of supply for services provided on heresy.io. The Site is operated by or on behalf of Heresy Software Ltd (Heresy, we, us and our). We are a limited company, registered in England. Our registered company number is 10309713, and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU. Our VAT registration number is 255 4065 10.

You may use our dashboard (“Heresy Application”) to monitor your sales targets and performance, amongst other services (the “Services”), in accordance with these terms.
Your use of any of the Services is subject to these terms and by using the Services you agree to be bound by them. You should print a copy of these terms for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.

These terms were last updated on 10/5/2017.

Registering with us

To use the Services, you must first register to set up an account with us by completing the account registration form available on the Site. You only need to register once.

To register, you must satisfy the following minimum eligibility criteria:

It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria. You must only use these Services to the extent you are not in breach of any terms of your employment or other services contract to which you may be a party. If you think you might be in breach of any such contract in any way, you must cease using the Services immediately and terminate your account.

To register, you must provide us with accurate, complete and up-to-date contact information, including name, company and work email address. You are responsible for the information you provide to us. You must contact us promptly to inform us of all changes to this information and to notify us if you no longer satisfy all of the minimum eligibility criteria set out above (see Contacting us).

Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.

Username and password

Upon registration for an account with us, you will be asked to create a username and password. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

Passwords are our property and we reserve the right to alter or replace them, or require you to do so, at any time in our sole discretion.

You must cease to use and delete the password for your account upon termination of your account for whatever reason.

Our Services

The Services are described on the Site and will be provided with reasonable care and skill.

We would encourage you to promote the Heresy Application to your colleagues (details of how to do this will be displayed ion the Heresy Application).

You acknowledge and agree that you are solely responsible for all use you make of any Service.

Payment of Fees

You will pay Heresy the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If your use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), you shall be billed for such usage and you agrees to pay the additional fees in the manner provided herein. We reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then‑current renewal term, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that we have billed you incorrectly, you must contact us no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Heresy’s customer support department at [email protected].

We may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Heresy five (5) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service.

Proration

Proration comes into play when you add or remove seats from a paid Heresy subscription, usually by inviting or removing other users from your group.

When the number of seats change for a customer subscription during a billing cycle, a proration line item is applied on your next invoice. For example, if you add an extra seat to your subscription by inviting another team member, you receive credit for the unused portion of the old subscription and are billed for only the remainder of the month for the new subscription. Similarly, when you remove a seat from your subscription, credit is applied for the unused time for your current billing period.

Credit cannot be redeemed and can be only used towards your next invoice.

Heresy reserves the right to automatically settle outstanding invoices using your payment details after giving you 5 days notice by email.

Access to the Site, Acceptable use, Intellectual property rights, Content and User content

You agree that you will not, nor allow anyone else to, use your account or any Service:

Changes to the Service, Charges and terms

As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to any Service, charges and/or to these terms from time to time by posting a modified version of the terms online at app.heresy.io/tos. If you continue to use any part of the Service or the Site after any modification has been posted then you will be deemed to have accepted those modifications. If any future modifications to these terms are unacceptable to you or cause you to no longer be in compliance with these terms, you must immediately stop using the Services and the Site.

Term and Termination

Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. You will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Heresy will make all Customer Data available to you for electronic retrieval for a period of thirty (30) days, but thereafter we may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

Service suspension

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may, with or without prior notice, suspend and/or terminate any Service and/or your use of your account in the event that:

If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of any Service or your account, for any reason:

all rights granted to you under these terms will immediately cease; and
you must promptly discontinue all use of the relevant Service.

You may close your account with us at any time by contacting us at: [email protected].
On closure of your account, you will lose access to all information available through the Heresy Application, including any reports created by you.

Our liability

Nothing in these terms shall limit or exclude our liability to you:

for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
for any other liability that, by law, may not be limited or excluded.

Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any use of the Service shall not, exceed £500 and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any Service that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under these terms.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at the email you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the Service. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

Support Terms

Heresy will provide Technical Support to you via both online chat and electronic mail on weekdays during the hours of 9:00 am through 5:00 pm GMT, with the exclusion of Bank Holidays ("Support Hours").

You may initiate a helpdesk ticket during Support Hours via online chat or any time by emailing [email protected].

We will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.

Contacting us

Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to [email protected].