Standard Terms & Conditions of Service for use of APARI Software Limited.
Thank you for your interest in APARI Software Ltd.
The use of our service is intended for your own lawful internal business purpose. You must keep your login and password secure.
Definitions and Interpretations
‘our’, ‘us’, ‘we’: this refers to APARI Software Ltd, who’s registered office is at 71-75 Shelton Street, London, WC2H 9JQ. A company registered in England and Wales, company number 11943201.
“Account Holder”: this will refer to you as an individual, a sole trader, company or partnership having created an account with APARI.
“You, your, customer, client, their, user(s)”: refers to you as the account holder as any of the above.
“The Service”: – this refers to the use of APARI software through our protected website, your chosen login and password
“Your data”: this refers to any data uploaded or entered by you whilst using our service.
Information About Us
Our site, www.apari.co.uk & APARI-Digital.com is owned and operated by APARI Software Ltd, a Limited Company registered in England and Wales under 11943201, whose registered address is 71-75 Shelton St, London, WC2H 9JQ. Our VAT number is 349479545.
Access to Our Site
Access to our site is free of charge. It is your responsibility to make all arrangements necessary in order to access our site.
Access to our site is provided “as is” and on an “as available” basis. We may alter or temporarily suspend our site (or any part of it) at any time for upgrades. We will not be liable to you in any way if our site (or any part of it) is temporarily unavailable at any time and for any period.
Creating an Account
Certain parts of our site may require you to have an account, including the ability to purchase services from us, may require registration and an account in order to access them.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up to date.
We require that you choose a strong password for your Account, consisting of e.g. ‘a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your account with anyone else. If you believe your Account is being used without your permission, please contact us immediately at ‘Support@APARI.co.uk.’
We will not be liable for any unauthorised use of your Account.
Any personal information provided in your account will be collected, used, and held in accordance with your rights and our obligations under the law, as set out in Section 3.
If you wish to close your account, you may do so at any time. Closing your account will result in the removal of your information. Closing your account will also remove access to any areas of our site requiring an account for access.
If you close your account, you may request the data or ask for it to be deleted under GDPR (Data Protection Act 2018). However, in some instances we may be obliged to keep some data for legal obligations such as HMRC records.
Please see below our terms of service and obligations.
1: Fees and Services
1.1 From time to time we may make changes to our software based on customer feedback. APARI Software Ltd reserves the right to change these terms at any time and will make every effort to communicate these changes to you either via email or through ourwebsite. It is your obligation to ensure you have read, understood, and agreed to the most recent terms on our website.
1.2 (i) Depending on the Package of service you choose; a subscription fee is payable fully in advance. All prices quoted on our website are in Pounds Sterling inclusive of VAT.
1.2 (ii) Your subscription is based on your annual accounting period and will run from the dates you specify upon registration. Each year will incur a fee for the full year accounting period before filing of accounts will be undertaken regardless of when you join in your relevant accounting period.
1.3 We will automatically renew your subscription annually unless you notify us 2 months in advance that you wish to close your account after the end date of the relevant accounting period. Any termination part way through a given accounting period, will incur the full years accounting fee. No refunds will be given if the subscription is terminated before the annual renewal date.
1.4 Any promotions or discounts we offer will be subject to your acceptance of the terms and pricing relating to the promotion for the specified period. Any acceptance after the end date of the promotion will incur the full fee. The promotions are for new customers, but we may at our discretion from time to time offer discounts to existing customers.
1.5 It is the account holder’s responsibility to ensure the fees for use of our service are paid on time. Overdue payments or failure to pay the correct fee will result in your account being suspended and closed. We take no liability for loss of data.
1.6 From time to time our T&C’s will be updated by law or due to updates in services provided. These will be reflected on our website but will not reflect the performance of the service provided. Acceptance of T&C’s will be necessary to use the MTD free version of the software.
1.7 APARI maintain the right to refuse users access to any version of the software, without any notice or liability for any misuse or abusive behaviour towards the APARI team.
1.8 APARI Software Ltd is an accounting software provider and does not supply specific Tax Advice.
2.1 All communication between you and APARI is confidential and we shall take all reasonable steps to keep your information confidential except where we are required to disclose it by law or by regulatory bodies.
2.2 Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement.
2.3 Provision of clauses 2.1 and 2.2 shall not apply if the information becomes public knowledge, is acquired lawfully by a third party who are under no obligation restricting its disclosure or is independently developed without access to any confidential information.
3: Data Protection
3.2 By agreeing to our terms of service, you agree to the legitimate use of your data to benefit from the full use of our service relevant to your account e.g. name, address, email etc.
3.3 You may request the data or ask for it to be deleted under GDPR. However, in some instances we may be obliged to keep some data for legal obligations such as HMRC records.
4: Applicable Law
4.1 The schedule of services and our standard terms and conditions of service are governed by and should be construed in accordance with English law and the courts of England.
5.1 We are committed to providing you with a high quality service that is both efficient and effective. However, should there be any cause for complaint in relation to any aspect of our service please contact customer services at APARI on: support@APARI.co.uk.
5.2 We agree to investigate any complaint carefully and promptly and do everything reasonable to put it right.
6: Intellectual Property Rights
6.1 All Intellectual Property Rights in the services, website and any documentation relating to the services remain the property of APARI Software Ltd.
6.2 You authorise us to use, copy, transmit, store your information and data for the purpose of enabling you to use our services and for the provision of our services to you. The the data remains your property.
6.3 We take all the steps necessary to ensure your data is secure and to prevent loss of any data. However, we cannot guarantee that there will be no loss of data. You must keep personal copies of all data inputted into our software as we exclude any liability for any data loss, no matter how caused.
7: Limitation of liability
7.1 We will provide our services with reasonable care and skill. Our liability and responsibility to you for any loss or otherwise is limited to losses, damages, costs, and expenses directly caused by our negligence or wilful default. These will be limited to costs of service provided.
7.2 Exclusion of liability for loss caused by others.
We will not be liable if such losses, penalties, surcharges, interest or additional tax liabilities are caused by the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information or if they are caused by a failure to act on our advice or a failure to provide us with relevant information in a timely manner.
7.3 Exclusion of liability in relation to circumstances beyond our control.
We will not be liable to you for any delay or failure to perform our obligations under this agreement if the delay or failure is caused by circumstances outside our reasonable control.
7.4(i) Exclusion of liability relating to the discovery of fraud etc.
We will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or misrepresented to us. This applies equally to fraudulent acts, misrepresentation or wilful default on the part of any party to the transaction and their directors, officers, employees, agents, or advisers.
7.4(ii) This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry beyond that which it would have been reasonable for us to have carried out in the circumstances.
8: Limitation of Third-Party rights
The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it, unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the correspondence is not addressed, for any advice, information or material produced as part of our work for you which you make available to them. A party to this agreement is the only person who has the right to enforce any of its terms and no rights or benefits are conferred on any third party under the Contracts (Rights of Third Parties) Act 1999.
9: Period of Engagement and Termination
The use of the software & accounting service will be for one complete accounting period. The fee must be paid in full for the specified accounting period before cancellation or termination. Please advise us in writing if you no longer wish to use our software or service.
10: Timely Information
APARI reserves the right to reject a customer’s request to submit their accounts and taxation if the information is not supplied in a timely manner prior to the submission date required by HMRC or companies house, or any third party. No liability or damages will result in this case.
The customer is responsible for providing their data in a timely manner and APARI cannot be held responsible should HMRC or third-party servers fail as these are not within the control of APARI.
11: Making Tax Digital (MTD)
11.1 Free version of MTD will automatically enrol you to the APARI community for free information. You can unsubscribe at any time. Our free version of MTD software will display advertising which is considered to be of interest to our users. These are conditions of use for our free MTD software.
11.2 Our free version of MTD software is with best intentions to be free however APARI maintain the right to withdraw this in future without any notice or liability to APARI users or third parties.
11.3 Should the user request their data to be extracted from the APARI platform, APARI will make this available for customers to download.
11.4 Support for our free version will be only via published FAQ’s. APARI does not accept any liability for incorrect data allocation or submission to HMRC.
11.5 Dedicated support can be provided via an upgrade to our premium package for a fee, as stated on our website www.APARI.co.uk, www.APARI-Digital.com
11.6 Payment of tax liabilities due and any communication with HMRC is the sole responsibility of the user.
11.7 APARI will not be liable for any missed deadline(s) submissions or any penalties incurred from HMRC by the user.
12: Jellyfish Online Tax Return
12.1 Jellyfish is an online tax service provided by APARI. It is the responsibility of the account holder to ensure all information entered is complete and accurate. We will not be liable for any information that is withheld, concealed or misrepresented to us. Please refer to clauses 7.1 to 7.4(ii) Limitation of Liability as stated above.
12.2 The £99 plus VAT (£118.80 inc VAT) fee for Jellyfish online tax service excludes any foreign tax, partnerships, capital gains, trusts and estates, reliefs – an additional fee applies for this service. Please email info@APARI.co.uk to discuss your requirements.
12.3 Once we have completed and submitted your tax return, it is your responsibility to deal with any communication from HMRC.
12.4 The fee for Jellyfish online tax return excludes self-assessment accounts for self-employed and landlords. If you require these as part of our service, please register for the ‘Self Employed Accounts & Tax’ package as an alternative.
12.5 We would like to keep you up to date with news on the new MTD Income Tax regulations, if you do not wish to be kept informed, please notify us.
12.6 APARI is happy to provide any additional services you may require for an additional fee. Please feel free to call us on 01788 422175 or email support@APARI.co.uk and we will be willing to discuss your requirements.
12.7 APARI will not be liable for any missed deadline submissions or any penalties incurred from HMRC by the user
APARI values your custom and any feedback on how we can improve our services to better serve our customers is most welcome, please email us at: support@APARI.co.uk.
Updated: 22nd October 2020