By using this website, you are agreeing to comply with the terms and conditions of use, which together with our privacy and cookie policies regulates our (Back Office Software Support Ltd t/a BOSS) relationship with you with regards to using this website.

If you do not agree to these terms and conditions, please do not use our website.

The term ‘BOSS’ or ‘us’ or ‘we’ refers to the owner of the website whose registered details are;

Back Office Software Support Limited

Richmond House

Walkern Road

Stevenage

SG1 3QP

We are a company registered in England and Wales with company registration number 13048146.

The term ‘you’ refers to the user or viewer of our website.

 

The use of this website is subject to the following terms of use, and we may change its content without notice.

Any unauthorised use of this website may give rise to a claim for damages and could be a criminal offence.

We use cookies to monitor browsing preferences on this website. If you do allow cookies to be used, no personal information is stored by us, but third party cookies may store personal information. Please refer to our cookie policy for more details.

We are the owner, or an authorised licensee, of all the material which is on this website. This material is protected by copyright laws, and all such rights are reserved. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All materials which are not the property of, or licensed to, BOSS is acknowledged on the website.

We make reasonable efforts to update any information on this website, but neither we, nor any third parties, provide any representations, warranties or guarantees, that the content on our site is up-to-date, accurate, complete, or suitable for any particular purpose. You accept that any content on the site may contain inaccuracies or errors and we shall not be liable for any such inaccuracies or errors to the fullest extent permissible by law.

The content of this website is for your general information and use only. Your use of any information on this website is wholly at your own risk, for which we will not be liable. It is your responsibility to ensure that any information, services and/or products available through this website are suitable for your requirements. You must obtain professional advice before taking any action (or in-action) on the basis of the content on this site.

This website may also include links to other websites. These links are provided for your information and ease only. They do not indicate that we endorse or approve the website(s). We have no control over the content of any linked website(s).

You may print or download extracts from the page(s) on our website for your own personal reference use only, or for our eLearning platform if material is provided specifically for download; you may not alter any content of this printed or downloaded material. You cannot copy, alter, reproduce, or distribute any rights or content (including but not limited to graphics, video, audio or written material) of this website for commercial use or personal gain. If you are in breach of these terms of use you may be subject to a claim for damages, you will not be permitted to use the website and you must destroy or return any copies of our content made as instructed by us.

Your use of this website and any dispute arising out of such use of the website is subject to English law and shall be subject to the exclusive jurisdiction of the English courts.

 

These terms and conditions (together with our privacy policy and website terms and conditions) apply to all contracts for the sale of goods, or provision of services for, the Customer to the exclusion of any terms and conditions specified by the Customer.

Please read these conditions carefully and make sure that you understand them, before placing an order with us. Before placing an order you will be asked to agree to these conditions. If you do not accept these conditions, you will not be able to order any goods or services from us.

You should print a copy of these conditions or save them to your computer for future reference.

We amend these conditions from time to time, so please check these conditions whenever you wish to place an order with us to ensure you understand the terms which will apply at that time. These conditions were most recently updated August 2021.

 

 

• The term ‘BOSS’ or ‘us’ or ‘we’ or ‘Supplier’ refers to the owner of the website whose registered details are; Back Office Software Support Limited t/a BOSS. Richmond House, Walkern Road, Stevenage. SG1 3QP. We are a company registered in England and Wales with company registration number 13048146.
• The term ‘Conditions’ refers to these terms and conditions, as amended from time to time.
• The term ‘Contract’ refers to the contract between the Customer and the Supplier for the supply of Software and/or Services in accordance with these Conditions.
• The term ‘Customer’ or ‘you’ refers to the user or viewer of our website, and purchaser of software or services from the Supplier.
• The term ‘Goods’ refers to the goods and services detailed on an invoice.
• The term ‘Proposal’ refers to the description or specification for Services or Software agreed in writing by the Customer and the Supplier.
• The term ‘Services’ refers to Services provided by the Supplier under the Contract as set out in the Proposal which may include the Training Services, Consultancy Services, the Support Services or any combination of them.
• The term ‘Software’ refers to the software service/programme proprietary to a third party (‘Proprietor’), which the Supplier is permitted to licence or sub-licence.

 

We (the Supplier) shall make every effort to manage and complete the Services as stipulated in the Proposal and shall use reasonable endeavours to meet any agreed performance dates, but any such dates shall only be estimates, and time shall not be of the essence of the Contract.

You (the Customer) shall provide us with any information, materials and access as we may reasonably require to enable us to supply the Services, and make sure that any information is accurate in all significant respects. If necessary, you will ensure all required licences, permissions and consents are in place before the Services are due to start and make sure they remain in place during the period in which the Services are to be supplied.

If BOSS’s ability to perform any of our Services under the Contract is prevented or delayed by any act or omission by the Customer (Customer Omission), or failure by the Customer to perform any relevant responsibility, we shall, without limiting our other means of recourse, have the right to suspend the Services until the Customer Omission is resolved. In the event that the Customer Omission prevents or delays BOSS’s performance of any of our Services:

 

• We shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from our failure or delay to perform any of our Services as set out in the Contract.
• The Customer shall reimburse BOSS on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Omission.
• This may reasonably relieve us from the performance of any of our obligations.

 

Once a Service has been booked and the deposit paid any dates arranged will be confirmed to you in writing. If the resultant session(s) are cancelled or postponed by the Customer within two working days of the arranged date, we reserve the right to make a charge for the full outstanding balance of the session(s) affected.

Postponed sessions may be rescheduled, but are subject to availability and may incur additional costs.

For cancelled sessions, paid deposits are not refundable, however each circumstance will be looked at individually. At the discretion of BOSS, a refund may be made or a credit applied to the Customer’s account, if applicable.

All software services/products are licensed under a subscription basis (not sold) in accordance with both our Conditions, and the prevailing terms and conditions of the Proprietor (a copy of which will be provided to the Customer at the time of purchase). Use of the Software by the Customer will be taken as acceptance of these Conditions and any prevailing Proprietor’s terms and conditions.

Any licence granted is personal to the licensee. The Customer has no right of sale, lease, rent, or hire of a software product/service to a third party unless the Supplier and Proprietor’s prior and written permission has been obtained. The Customer shall not reproduce, remove, adapt, or otherwise modify the software or any copyright material which appears in, or on the Software, howsoever it resides.

It is the Customer’s responsibility to ensure that, if applicable, it has the necessary licensed operating systems and requirements for the Software to function, and it has an appropriate working internet connection. It is also the Customer’s responsibility to ensure that any Software purchased is suitable. Please obtain professional advice before making a commitment, if required.

We do not warrant that the use of the Software will be uninterrupted or error -free, and to the fullest extent permissible by law, BOSS shall not be responsible for any failure of the Customer to perform its obligations hereunder due to circumstances beyond its control.

Software products/subscriptions are under no circumstances sold on a sale or return basis.

Should you wish to return a product (at your own expense) and BOSS at its absolute discretion may agree to such, a 20% handling charge plus VAT will be levied. Such products must still be unused or uninstalled, the relevant credit will be raised within 30 days and refunded accordingly.

Subscriptions are charged quarterly in advance, and full payment is due once the period has started. If you wish to cancel an active subscription you must give 45 days’ notice prior to the start of a new period, for example if the new subscription period starts on the 1st of June, cancellation must be received prior to the 16th of April. All cancellations must be notified in writing, and confirmed by us in writing to be deemed accepted.

If applicable, on or before the expiry of any licence granted, the Customer shall return to BOSS all copies of the Software in its possession.

The Supplier will retain title to the goods supplied until payment is received in full. All invoices will include, if applicable, any VAT or other tax levy in accordance with current legislation at the date of supply, and the Customer shall be liable for the payment of any such purchase levy due. The current BOSS payment details will be indicated on your invoice.

Please notify us within 7 days of receiving an invoice of any error, so this may be fixed. For any disputed invoice please notify us in writing as soon as is practicable, and in any case 7 days before the due date of the invoice, failing which you will be deemed to have accepted that payment is due.

Software licence subscriptions are charged quarterly in advance. Initial invoices are due whichever is the earlier of:

 

• 30 days from the invoice date, or
• 7 days before the subscription period start date.

 

Upon renewal of the subscription, invoices will be issued in advance of the period start date so as to allow for the 30 day terms.

Services invoices will be produced upon acceptance of the Proposal. Unless otherwise stated they will be invoiced as 50% deposit on acceptance, due by return, and 50% balance on completion of the Services, due 30 days from the invoice date.

Bookkeeping services invoices will be charged monthly in advance, with overage costs charged in arrears. Invoices are due 30 days from the invoice date.

Set Course invoices will be produced upon acceptance of the booking. In the case of the course being online, invoices are due in full before access to the course will be provided. In the case of the course being delivered onsite or remotely, invoices are due in full prior to the agreed course date. Invoices remaining unpaid by the course date will result in the course being cancelled, and a cancellation charge of 20% of the total invoice being levied.

We, at our discretion, and without prejudice to any other right or remedy afforded by law, reserve the right to implement charges (including interest charges) on accounts outstanding beyond the due date. We may charge a fixed penalty of £25 (excluding vat) and interest on the overdue amount at the rate of 2% per annum above Lloyds Bank plc’s base lending rate, if the payment due remains outstanding beyond the invoice due date. Interest charged shall accrue on a daily basis from the due date until the date payment is received for the full overdue amount. We may also suspend all Services or subscriptions until payment has been made in full.

In the case of a subscription this may result in the Customer’s access to the Software Service being suspended until such amounts are paid in full. BOSS shall not be responsible for any failure of the Customer to perform its obligations hereunder due to the Customer’s failure to settle overdue payments. Where we suspend your use of the Service we may, at our discretion, agree to reactivate your account subject to you paying a reactivation fee.

Any such reactivation fee charged by the Proprietor of the Software due to a suspension of the service also will be charged to the Customer. If outstanding balances remain unpaid the Software services may be terminated by BOSS or the Proprietor as per their terms and conditions.

Contracts may be terminated for convenience at any time by either party giving the requisite prior notice, and ensuring that any monies you owe us are fully paid, preferably before the termination date, but definitely before any due date.

The requisite notice is 45 days prior to the start of a new period of subscription for an active software subscription – more details can be found in the section titled ‘What happens if you need to cancel a Software subscription or order’.

Services contracted on an individual, or ‘as and when’ basis, have no notice period requirement should you wish to no longer procure those services.

Without affecting any other right or remedy available to it, either party may terminate a contract with immediate effect by giving written notice to the other party if:

 

• The other party commits a material breach of any term of a contract which breach is irremediable or (if remediable) fails to remedy that breach within 14 days of being notified in writing to do so.
• To the extent permitted by applicable law, the other party becomes the subject of a petition in bankruptcy or other proceedings relating to insolvency, makes an assignment for the benefit of creditors or an administrator or receiver is appointed (by court or voluntarily), or if any other person takes possession of or sells the other party’s assets.
• The other party suspends or ceases, or threatens to suspend or cease, to trade.

 

On expiration or termination of a Contract for any reason:

 

• All applicable User licences and other rights granted to the Customer shall immediately terminate, and you shall cease all activities authorised by the Contract.
• Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages with respect to any breach of the Contract which existed at or before termination, shall not be affected or prejudiced.
• Each party shall, at the request of the other party, destroy all materials that may contain the other party’s Confidential Information and/or (to the extent legally and technically practicable) erase the other party’s Confidential Information from all computer and communication devices used by it. Notwithstanding the foregoing, each party may retain the other party’s Confidential Information to the extent required by law or any applicable governmental body, or by a regulatory authority or body of competent jurisdiction or the rules of any listing authority or stock exchange, to which it is subject.

 

Following termination of a Contract, for any reason please refer to the Software Proprietor’s terms and conditions

to ascertain the length of time Customer Data can remain on their environments before being deleted, and any

applicable charges to obtain this data.

The Supplier’s total liability to the Customer in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation or otherwise will not exceed an amount equal to the lower of value of the Proposal or £5,000.

Notwithstanding any provision contained in the Conditions, neither party will be liable to the other to the extent that fulfilment or performance of any terms or provisions of the Contract are delayed or prevented by a Force Majeure Event.

In the event of any conflict or inconsistency between differing Conditions, then unless otherwise expressly stated, the order of precedence shall be any Service or Software specific terms, if dated after the update of these Conditions, otherwise these Conditions take precedence.

These Conditions and any dispute arising out of them is subject to English law and shall be subject to the exclusive jurisdiction of the English courts.