These Software Terms and Conditions (together with the documents referred to in it)("Terms") give you the terms on which you agree to use our automated credit control service.
By using our service, you confirm that you accept these Terms and that you agree to comply with them.
"Accounting Data" means information relating to invoices and payments made or owed to you by a third party with whom you have a business relationship, including the following items:
- Your identity and the identity of the third party
- Contact details (address, telephone number, fax and email) of you and the third party
- Amount of payment(s) due to you and applicable payment terms
- Amount of payment(s) received by you and dates of receipt
- Narrative details relating to the goods or services provided in exchange for the payment(s) due
Satago Financial Solutions Limited ("We", "Us" or "Satago") is a company registered in England and Wales with company number 09998904 and with registered office at 4 Bentinck Street, London, England, W1U 2EF.
Satago has developed a cloud-based service which easily integrates with your accounting software and allows us to have up-to-date information about your sales ledger. Satago supports over 300 accounting platforms and uses fully secure, end-to-end encryption.
Satago uses this information to identify upcoming and late payments and sends automatically generated payment demands to your customers.
Satago keeps track of your debtors and their stage of chasing on a debtor dashboard.
In order for us to provide our service we must access a compatible accounting software package. A full list of the software packages (and relevant version numbers) can be found at https://www.satago.com/kb/which-accounting-systems-does-satago-support/. This list may be updated from time to time without notice.
If you use our cloud-based service, you must sign up and sign in on our website. If you choose to use our desktop service, we will require remote and/or physical access to your computer to install our software. You agree to provide us with unrestricted access to your computer for the purposes of installing the software to enable us to provide our service. We are only responsible for installing our software and take no responsibility for upgrading and/or assessing the condition of your computer. If you are concerned about the functionality of your computer prior to installation, we suggest that you contact a computer specialist to assist you.
You warrant that your accounting software is up to date, fully licenced and valid. We reserve the right to suspend our services and uninstall Satago's desktop software at any time if we find that the use of your accounting software is not authorised.
You must maintain an online connection between your computer(s) hosting your accounting software (and our desktop software, if installed) at all times.
Accuracy of Information Provided to Us
You warrant that any Accounting Data available on your accounting software platform is a true and complete record of your financial dealings with the relevant third party, and that the data has not been falsely entered onto your accounting system or modified in any way before transmission to us. You also warrant that you have not provided Accounting Data which is likely to lead to a misleading representation of any third party, for example only providing details of selected transactions with a third party. You also warrant that all Accounting Data will be kept up to date and that you will inform us of any material changes to the Accounting Data you provide to us. You also warrant that you will reconcile invoices before authorising us to chase payments as the performance of our service relies on the accuracy of the information you provide. Satago bears no responsibility for any acts or omissions which occur as a result of inaccurate information you provide (for example, incorrect or missed payment chases).
You warrant that you have all necessary consents or waivers to allow us to access your accounting Data, and that we have the right to freely use that data as contemplated by these Terms.
You will be liable to us and indemnify us for any breach of any warranty you make to us, and for any liability we incur in sending out payment reminders to any third party, and such indemnity will cover any consequential loss or damage we suffer as a result of your breach of warranty.
We may from time to time ask you to verify any Accounting Data that you have provided to us, and you agree to co-operate with us at your own cost to such extent and provide to us such information and assistance as we may reasonably require.
Authority to Use Information Provided to Us
We may retain your Accounting Data securely on our internal records for audit and compliance purposes.
Our Liabilities and Responsibilities
Satago shall use its reasonable endeavours to provide this service. Satago shall not however be responsible for any failure to deliver its service resulting from factors outside of Satago's control, including, without limitation, the non-performance or improper performance by third parties of services which we outsource or license in to provide our services, or any failure on your part to maintain an online connection between your systems and ours, or provide us with accurate information as reasonably requested by us to perform our services.
We shall always aim to protect your identity and will only disclose your identity if reasonably required to do so by operation of law or in accordance with a court order, or if we believe that it is appropriate in all of the circumstances to do so.
Our service is provided free of charge for all cloud accounting integration. Fees are payable on a yearly or monthly basis if you use our desktop service. The fees for our service can be found here: www.satago.com/pricing. We reserve the right to amend our fees from time to time upon reasonable notice to you.
We reserve the right to suspend and disable access to our services immediately if you fail to pay any of your outstanding invoices.
We shall be under no obligation to provide any or all of our services while the invoice(s) concerned remain unpaid; and interest shall accrue on a daily basis on such due amounts at an annual rate equal to 8% over the then current base lending rate from time to time, commencing on the due date and continuing until fully paid.
End of Service
If your subscription expires or is cancelled at any time, we will immediately suspend your access to our cloud based and desktop service. If you are a desktop user, we will have to uninstall the software from your computer and you shall provide such access as we reasonably require to do so.
Our services may also be terminated by either party on written notice to the other if the other party is in material breach of these Terms (including non-payment) and has failed to rectify such breach (in the case of a breach capable of being remedied) within thirty (30) days of receiving a notice requiring to do so. You may also terminate this agreement on days' written notice. Termination shall discharge us from any liability for further performance of our service to you.
In the event that your subscription expires or is cancelled, you can request that we delete all information that we hold relating to your account. Please contact firstname.lastname@example.org if you would like us to do this. We may also delete without notice to you all information that we hold relating to your account if your subscription expires or is cancelled.
Compliance with Relevant Law
We each undertake to the other that we will comply fully with all applicable legal obligations, including the Data Protection Act 1998 and all other applicable statutes, laws, regulations, directives or requirements made by any governmental authority or equivalent body of competent jurisdiction.
The Data Protection Act 1998 (the 'Act') applies to any data from which living individuals may be identified ('Personal Data'). Any Personal Data you enter onto our website and software directly or include in any message to us may be subject to the Act. You are responsible for the accuracy of the data you give us, must have authority to disclose it, and authorise us to process such data, including Personal Data, for the purposes of chasing payments. This may include its disclosure to other third parties, and as applicable laws may require or permit.
You may not assign, licence or transfer any of your obligations under these Terms to any third party. We may freely assign our rights and obligations under these Terms.
If either of us fails to exercise any right or remedy available under these Terms then such failure or delay will not prevent either of us from relying on those rights or remedies in the future. A waiver of a breach of these Terms shall not constitute a waiver of any other breach of these Terms.
The enforceability or otherwise of any clause, sub-clause or provision of These Terms shall not affect in any way the enforceability of the remainder of these Terms.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this does not affect any right or remedy that exists or is available apart from that Act.
These Terms are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.