Bokio General terms 1.0 - UK

Bokio General terms 1.0 - UK

November 2018

BOKIO TERMS & CONDITIONS 

  1. INFORMATION ABOUT BOKIO

    1. Who we are. We are Bokio AB (“Bokio” / “we” / “us” / “our”) a company incorporated in Sweden, with an office address at Bokio AB, Kungsgatan 42, 411 15, Gothenburg, Sweden.

    2. What we do. We own, operate and manage the website bokio.co.uk (our “website”). We also provide support services. Collectively, we refer to our website and our support services (including any documentation we provide) as the “Bokio Service”. The Bokio Service provides integrated bookkeeping, invoicing and payroll software. 
  1. BOKIO T&Cs

    1. Use of the Bokio Service is subject to these terms. Your use of any part of the Bokio Service is subject to these Bokio Terms & Conditions (“T&Cs”). Please read these T&Cs carefully. By using any part of the Bokio Service you will be deemed to have accepted these T&Cs in full and you agree to abide by them regardless of whether you are registered on our website or not. If you do not agree to these T&Cs, you are not entitled to use any Bokio Service, and should leave our website immediately.

    2. There are other terms that may apply to you. These T&Cs also refer to the following terms, which also apply to your use of the Bokio Service:

      (A) Payment Agreement; and

      (B) Bokio’s Privacy Policy which is located here bokio.co.uk/gdpr

      If there is any conflict between these T&Cs and any of the terms listed above, these T&Cs will take precedence.

    3. These T&Cs may get updated. We may revise these T&Cs at any time by posting an update on this page. Your continued use of the Bokio Service after any such change constitutes your acceptance of the new T&Cs and they will be binding on you. You should therefore check this page from time to time to review the current version of the T&Cs. These T&Cs were most recently updated in November 2018. 
  1. DEFINITIONS

    1. Note that clause headings and sub-headings shall not affect the interpretation of these T&Cs.

    2. In addition to other defined terms used throughout these T&Cs, the following terms have the following meanings:

      "Payment Agreement" refers to a separate agreement between Bokio and a User which the User is required to enter into before accessing any Premium Features of the Bokio Service.

      "User" means any person or organisation who accesses any part of the Bokio Service.

      "User Data" means any data submitted by a User to Bokio as a result of using the Bokio Service. 
  1. PREMIUM FEATURES

    1. A basic version of the Bokio Service is provided to Users free of charge.

    2. Premium Features” means any part of the Bokio Service which is not free. 
  1. SUPPORT

    1. Bokio support. Bokio provides a support service in the following formats:
      a) support via e-mail;
      b) support via online documentation.

    2. Email support is provided at these times. Bokio email support is available from Monday to Friday between 08:00 and 17:00 GMT.

    3. Support resolution timeframes may vary. While Bokio endeavours to resolve all support requests promptly, Bokio does not guarantee specific timeframes for resolution of issues. Bokio may prioritise support requests depending on the urgency of such support request.

    4. Priority support. Bokio also provides a priority support service, however this is a Premium Feature.

    5. You will need to provide information. When contacting Bokio to access our support services, Bokio may require you to provide certain information including:

      a) your User number and certain login credentials;

      b) information about your computer system;

      c) a description of the issues you are experiencing with the Bokio Service; and

      d) the impact of such issues on your business.

    6. We only support our own services. Bokio does not provide support services for non-Bokio software or hardware.
  1. ACCESSING THE BOKIO SERVICE

    1. Register for full functionality. To access certain functionality, you are required to register an account with Bokio. When you register with us, you agree to provide accurate and complete profile information about yourself as prompted by the relevant registration form.

    2. The Bokio Service may occasionally be unavailable. Bokio does not guarantee that the Bokio Service will always be available or uninterrupted and Bokio will not be liable for any reason if the Bokio Service is unavailable at any time or for any period. Access to the Bokio Service may be suspended temporarily and without notice in the case of system failure, maintenance, upgrade or repair.

    3. We are entitled to monitor use of the Bokio Service. Bokio does not generally monitor individual User activity, however Bokio is entitled to monitor and/or review use of the Bokio Service by any User. If Bokio becomes aware of any possible violations by any User of any provision of these T&Cs, Bokio reserves the right to investigate such violations.

    4. Bokio can revoke your login credentials. Bokio is entitled to immediately revoke the licence granted in clause 2, including disabling your login credentials, if in our sole opinion you have failed to comply with any provision of these T&Cs.

    5. Software updates. From time to time, Bokio may (without notice and at Bokio’s sole discretion) introduce updates to the Bokio Service, for example to introduce new and/or improved functionality.

    6. Third party software. Bokio is not obliged to customise any Bokio Service to ensure compatibility with any third party software.

    7. Minimum technical requirements. You are responsible for ensuring that:

      a) any User Data you share with Bokio or upload to our website is in the correct file format as specified by Bokio;

      b) you have a reliable connection to the internet; and

      c) the device you use to access the Bokio Service complies with the minimum technical requirements specified by Bokio (which may change from time to time).
  1. USER STANDARDS

    1. You are responsible for complying with the law. You are responsible for ensuring that you and your organisation comply with all applicable legislation. The Bokio Service is intended to assist you, however Bokio accepts no responsibility for your or your organisation’s ability to comply with applicable law.

    2. Do not misuse Bokio. You must only use the Bokio Service for its intended purposes and in accordance with Bokio’s official documentation. Bokio is not responsible for any damage or loss you suffer as a result of misusing the Bokio Service. You must also not use or access the Bokio Service in order to build a competing product.

    3. Do not publish offensive content. You will not publish or disseminate material that infringes or may infringe the rights (including intellectual property rights) of any individual, entity or other third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of the Bokio Service by any other user or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction.

    4. No spamming. Do not publish or disseminate unsolicited or unauthorised advertisements or promotional materials (including junk mail, spam, chain letters, pyramid schemes etc.) to any other User of the Bokio Service.

    5. Do not do anything to bring Bokio into disrepute. You will not publish or disseminate any material that brings or may bring Bokio into dispute or disrepute or in any way damages the standing or reputation of Bokio or the Bokio Service.
  1. SECURITY

    1. We have a security policy. Bokio uses reasonable endeavours to ensure that the Bokio Service is secure, including preventing unauthorised access to the Bokio Service and User Data. You can read our security policy here. bokio.co.uk/gdpr

    2. Do not share your login credentials. You must treat your login credentials as Confidential Information. Sharing your login credentials with any other person or making them available to multiple users on a network is strictly prohibited. Accordingly, you agree to:

      a) maintain the security of your login credentials and be fully responsible for all use of the Bokio Service made using your login credentials;

      b) notify us immediately if you suspect or become aware of any unauthorised use of your login credentials or any other breach of the Bokio Service’s security, by contacting Bokio and providing details of the unauthorised use or other security breach; and

      c) ensure that you log out of your account at the end of each session when using a public or shared device.

    3. No liability for unauthorised use of your login credentials. Bokio accept no liability for any losses, damages or costs arising from or in relation to your failure to comply with clause 2.

    4. Do not hack or misuse the Bokio Service. You must not misuse the Bokio Service by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Bokio Service, the server(s) on which the Bokio Services are hosted or any other server, computer or database connected to the Bokio Service. You must not attack the Bokio Service via any form of denial-of-service attack.

    5. Hackers will be prosecuted. By breaching clause 4, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

    6. The Bokio Service may contain viruses. We use reasonable endeavours to ensure that the Bokio Service does not contain or disseminate any viruses or material which is malicious or technologically harmful. However, we do not guarantee that the Bokio Service will be free from bugs, viruses or malicious code and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your device, equipment, software, data or other proprietary material due to your use of the Bokio Service. We therefore recommend that you use your own virus protection software and scan regularly for the presence of viruses and other malicious or technologically harmful code on your device.

    7. Do not upload malicious content. You are responsible for ensuring that any data (including User Data) that you upload to the Bokio Service does not contain any malicious content or technologically harmful material which could damage Bokio’s systems or compromise the Bokio Service.
  1. INTELLECTUAL PROPERTY RIGHTS

    1. We own or license all intellectual property in the Bokio Service. Bokio (and our licensors as applicable) is the owner or the licensee of all intellectual property rights in the Bokio Service and all content displayed on the Bokio Service, including but not limited to all trademarks, copyrights, database rights and other intellectual property rights of any nature and all underlying software code. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. License to use Bokio Service. As long as you comply in full with these T&Cs, Bokio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Bokio Service. This license does not include a license for any Premium Features.

    3. We do not own User Data. You (or your licensors as applicable) retain ownership of all intellectual property rights in any User Data you share with Bokio or upload to the Bokio Service, unless otherwise agreed in writing.

    4. You grant us a license to use User Data. You grant Bokio a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use User Data for the purpose of provision (and improvement of) the Bokio Service, including but not limited to displaying, copying, editing, and creating derivative data relating to all such User Data.

    5. Derivative works. Bokio shall own all intellectual property rights in any anonymised derivative works created by Bokio from the User Data.

    6. Consents. You warrant to Bokio that you have all necessary rights and consents in place to share User Data with Bokio and upload User Data to the Bokio Service. 
  1. DATA PROTECTION

    1. You agree to the terms of our Privacy Policy. Bokio has a privacy policy (“Privacy Policy”) which you can access here bokio.co.uk/gdpr. We strongly recommend that you read and ensure you understand Bokio’s Privacy Policy prior to using the Bokio Service.

    2. We may process personal data. As a result of your use of the Bokio Service, Bokio will process personal data, however any personal data processed by Bokio will only be processed in accordance with Bokio’s Privacy Policy.
  1. LIABILITY

    1. Nothing in these T&Cs will operate to exclude or limit either party’s liability: (a) for death or personal injury caused by its negligence; (b) for any fraud or fraudulent misrepresentation; or (c) to the extent that such liability cannot be excluded or limited under applicable law.

    2. Subject to clause 11.1, Bokio excludes all implied conditions, warranties, representations or other terms that may apply to the Bokio Services. In particular, Bokio does not warrant that the Bokio Service will be error-free, or suitable for your purposes.

    3. Subject to clause 11.1 Bokio shall not be liable to you (or your organisation) in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, for any:
      a) loss of profit;
      b) loss of revenue;
      c) loss of sales, business or business opportunity;
      d) loss of agreements or contracts;
      e) wasted expenditure;
      f) anticipated savings;
      g) loss of or corruption of data;
      h) damage to reputation or loss of goodwill,

      in each case, whether direct or indirect; or

      i) indirect, consequential or special loss.

    4. Subject to clauses 11.1, 11.2 and 11.3 Bokio’s aggregate liability to you for any loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise connected to or arising out of these T&Cs shall in respect of any and all claims not exceed £1000.
  1. CONFIDENTIALITY

    1. Confidential Information” means all information which is disclosed by either you or Bokio as a result of your (or your organisation’s) use of the Bokio Service, and includes but is not limited to any User Data, financial, commercial, operational, strategic, technical, product, supplier or customer related information, or any other information regardless of whether such information was marked as confidential or not, which a receiving party receives from a disclosing party (including all documents, login credentials, personal data and any other data). However Confidential Information does not include information which:

      a) is already in the possession of the disclosing party without an obligation of confidentiality owed to the other party; or

      b) has been developed by the disclosing party independently without access to any of the relevant Confidential Information; or

      c) the disclosing party rightfully receives free of any obligation of confidentiality from a third party; or

      d) is already in the public domain other than by any breach these T&Cs.

    2. You and Bokio both represent, warrant and undertake not to:

      a) disclose to any third party any Confidential Information relating to the other party (except as required by a competent regulatory authority); and

      b) use any Confidential Information for any purpose other than to fulfil each party’s rights and obligations under these T&Cs in the provision or receipt of the Bokio Service,

      in each case, without the prior written consent of the other party.

    3. Confidentiality obligations also apply to your employees. You and Bokio will both ensure that all employees, staff, contractors and subcontractors who come into contact with any Confidential Information in the performance or receipt of the Bokio Services are aware of and comply with the confidentiality requirements in this clause 12.
  1. GENERAL

    1. Assignment. Bokio may transfer our rights and obligations under these T&Cs to another organisation. Bokio will always tell you in writing if this happens. You will not transfer your rights or your obligations under these T&Cs to another person or entity unless we give our prior written consent.

    2. Entire agreement. Subject to clause 2, these T&Cs and the Privacy Policy constitute the entire understanding and agreement between you and Bokio in relation to your use of the Bokio Service. You agree that you have not relied on any statement or information in entering into these T&Cs and the Privacy Policy which is not set out therein. However, noting in this clause 13.2 shall restrict Bokio’s liability for fraudulent misrepresentation.

    3. No rights for third parties. These T&Cs do not give rise to any rights under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any of these T&Cs, except as expressly set out in these T&Cs.

    4. No waiver. If Bokio do not insist immediately that you do something you are required to do under these T&Cs, or if we delay in taking steps against you in respect of you breaching these T&Cs, that will not mean that you will not have to do those things, and it will not prevent us from taking steps against you at a later date.

    5. Severance. If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these T&Cs.

    6. Governing law and jurisdiction. These T&Cs (and any non-contractual obligations arising out of or in connection with these T&Cs and any claim or dispute in relation to their formation) shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
  1. CONTACT DETAILS

    1. How we may contact you: If we need to contact you, we may do so using the contact details you provided upon registration with us.

    2. Bokio’s contact details. You can contact Bokio using the following details:

      Email: support@bokio.co.uk