Scope and use of the subscription
The subscription grants the Customer (being the legal entity that has taken out the subscription) the right to use E-conomic’s accounting system and any add-on modules (“the System”).
The subscription may not be used by, or for data processing for, other people or organisations.
Please notice: By the 1st of April 2011 these terms will be upgraded. You can read the new terms of subscription here,
Acceptance of the subscription
If you agree to these Subscription Terms ("the Terms") and wish to accept the subscription for the system, select the I have read and accept the subscription terms box in the registration form at www.E-conomic.co.uk.
If accountancy firms and bookkeeping agencies accept the subscription on behalf of a Customer, they must inform the Customer of the Terms and obtain their acceptance of the Terms.
The accountancy firm or bookkeeping agency shall remain responsible for observance of the Terms until accepted by the Customer.
Duration and termination of the subscription
The subscription commences from the date the Customer places an order and runs for three months at a time. At the end of the three months the subscription will automatically be renewed for another three months unless cancelled by the Customer.
The subscription may be cancelled in E-conomic under Settings > Subscription > Subscription status one month before the expiry of the subscription.
The agreement is non-cancellable for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period. The Customer may cancel the subscription free of charge within two weeks of placing its first order for the subscription.
E-conomic shall (without prejudice to any other rights or remedies it may have) be allowed to cancel the subscription immediately without giving the Customer prior notice if the System or subscription is misused (including but not limited to use by, or for data processing for, other people or organisations).
Price and payment terms
The charges can be found at the web address stated above. E-conomic guarantees that no price increases will be introduced for the modules existing at the time of commencement of the subscription other than those due to increases in the Retail Price Index.
The first invoicing period runs from the date the Customer places the order to the end of a calendar quarter. After that period, services are invoiced for a three month period in advance. Payment must be made within eight days from the date of invoice.
If the subscription is not paid by the due date, a first reminder will be sent to the Customer. If the subscription remains unpaid ten days after the date of the first reminder, a second reminder with a fee of £5.00 will be sent to the Customer.
If the subscription still remains unpaid ten days after the date of the second reminder, access to the System will be blocked and E-conomic shall be entitled to charge the Customer interest on any outstanding fees at the rate of 4% per annum above the Bank of England base rate in force from the initial date payment became due until actual payment is made.
Access to the System will be unblocked on receipt of payment. E-conomic will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the System.
The Customer agrees to the use of e-mail (using an e-mail address specified by the Customer) or another electronic method of transmission as the medium for sending invoices and reminders.
Customer data
The Customer owns and may use its data stored in the System at its own discretion.
On expiry of the subscription, the Customer is free to export its data via the System export function.
Customer data will not be deleted until 90 days after the expiry of the subscription, but E-conomic is under no obligation to retain customer data after this period.
Operating stability
E-conomic aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control.
Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like.
In all events, E-conomic aims to re-establish normal operations as quickly as possible.
Maintenance of the System
E-conomic is entitled to make operational changes to the System for improvements or otherwise (for example by developing or replacing technical equipment and updating software) without giving the Customer prior notice.
In some circumstances it may be necessary to suspend access to the System, usually between 9pm and 6am. Notice of such a suspension will be given to the Customer in advance.
E-conomic will not be responsible for any consequences of such a suspension where notice has been given.
Rights
The System is protected by copyright and remains the full property of E-conomic international a/s (CVR-nr. 10067855).
Individually customised software relating to the System also remains the property of E-conomic international a/s unless otherwise stipulated.
E-conomic may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions.
Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.
Liability of E-conomic
E-conomic has taken reasonable measures to ensure that the System is virus-free but no warranty is given that the System is free from infection from viruses etc, and E-conomic shall have no liability if this is not the case.
To the extent permitted by law, E-conomic disclaims all warranties with respect to the System, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.
E-conomic shall not be liable to the Customer for any loss or damage caused (including business interruption) arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law.
Except for death or personal injury caused by negligence of E-conomic, its employees, agents or authorised representatives, for which no limit applies, E-conomic's liability will be limited to the lesser of the value of payments made by the Customer for the period of 12 months before the occurrence of the incident giving rise to the liability or £1,000 (one thousand pounds).
Data Protection and Confidentiality
E-conomic acknowledges that the information collected by Customers in using the system contains personal data subject to the Data Protection Act 1998.
E-conomic processes the Customer’s information only on instructions given by the Customer and not for its own or other purposes.
The customer confirms that it is authorised to instruct E-conomic to process all such information and that all instructions given will be lawful. E-conomic is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
E-conomic has taken the necessary technical and organisational security measures to prevent system information from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorised party, being misused or otherwise treated in a way contrary to the Data Protection Act.
Entire Agreement
These Terms and the subscription contain the entire agreement between the parties and supersede all previous correspondence or communications whether written or oral.
E-conomic may amend these Terms as required from time to time provided that E-conomic will give Customers no less than 40 days' written notice of such amendments and all such amendments will apply to the next renewal of the subscription.
Disputes
These Terms shall be governed by and construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.