These terms of service, or terms and conditions of service, outline the rules that must be observed when using the My Biz website and application.

This is Version 1.1, and this policy was issued in April 2021.  We may update these terms and conditions of service again in the future and will publish any subsequent versions of it here.  If you have any questions about these terms and conditions of service, just get in touch –e-mail us at help@mybizmanager.co.uk.

We have defined certain key terms that we use in this terms of service document:

• “Account Holder” means a sole trader, partnership or company which has a My Biz account, either during the trial period or as a subscriber (generally this will be your business, or if you are an accountant, might be the business which you are advising);
• “My Biz account” means an account that you hold with us which allows you to receive The Service;
• “The Service” means our My Biz software application which is accessed and used via our password protected website. The features of the software package available to you is contingent on the type of My Biz user you are, as described in the Schedule at the end of these terms of service;
• “Trial Period” means the free, 30 day period from the day you register for an account, during which time you can access and trial the features of the My Biz application;
• “Schedule” means the supplementary terms and conditions which accompany these terms and conditions of service and applies to the Account Holder’s use of The Service;
• “you” means you, the person who accesses and uses The Service;
• “your Data” means any data entered or uploaded by you while using The Service; and
• “We”, “us”, “our” or “My Biz” means My Biz, the trading name of Barrington Innovation, which is a company registered in England and Wales under company number 06972939 whose registered office is 4 Brent Road Bristol BS7 9QZ.
• To contact us in connection with any general enquiry you may have, please submit your enquiry via our help@mybizmanager.co.uk

Our Contract

These terms and conditions apply to your access and use of The Service, which together with:

• the Schedule (available here); and
• the Privacy Policy (available here, which explains how we manage and may use your personal data in relation to The Service),

form the contract between you and us (“Terms of Service”). Please review these Terms of Service carefully before you apply to use The Service. These Terms of Service apply to your use of The Service and you agree to abide by these terms. No other terms are implied by trade, custom, practice or course of dealing.

Your rights

Your rights: If you hold a My Biz account, or the business you represent or advise holds a My Biz account and you have authority to access this My Biz account, we grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.  This licence is for the sole purpose of enabling you to use and enjoy the benefit of The Service in the manner permitted by the Terms.

The above licence is granted to you on the condition that you comply with these Terms of Service.  You represent and warrant to us in the following terms in connection with the creation by you of an Account and the use by you of The Service:

• you are at least 16 years of age;
• you are not a consumer (being for the purposes of these Terms a natural person who is acting for purposes which are outside his business);
• you have all requisite power and authority to execute, deliver and perform your obligations under these Terms;
• you shall comply with all applicable laws and regulations relating to The Service and with all applicable rules, regulations and guidelines (whether or not having the force of law) of any regulatory organisations or bodies of which you are a member or by which you are bound;
• you are acting in the course of business;
• the creation of the Account and use of The Service will be for your internal use only or by those authorised by you on your behalf; and
• your creation of an Account and/or use the Service is not and will not be for any illegal or unauthorised purpose.

Creating a My Biz account and accessing the Service

How to apply: In order to access and use The Service, a My Biz account must first be created. You can apply for a My Biz account, or have an account set up on your behalf, by submitting, or by arranging to have submitted by a third party, your details on our “Registration” page on the website.  We reserve the right, at our absolute discretion and for any reason, not to accept an Application. No financial charge will be incurred by you for declined Applications.

Each Account Holder will be in one of the following three user profile categories:

• Primary User;
• Secondary User; or
• Free User.

The specific terms and conditions which apply to each user profile category are set out in the Schedule, available here .

Formation of a contract: If we accept an application for the creation of a My Biz account, we will confirm this by email, and at that point a legally binding contract will be created between the Account Holder and us. If you apply for a My Biz account to be created, you must ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and any associated users (Secondary or Free).  You will create a password in the application process.

If your application for a My Biz account is successful, the password that you created in the application process is the only means of accessing your My Biz account.  You must keep your My Biz account login details confidential. You are responsible for all activities that occur under your My Biz account.

If you know, or suspect that anyone other than you knows, your My Biz account login details, please change your password immediately. If you have any concerns that your account may have been compromised or used illegally by a third party, please notify us as soon as possible by emailing us at: help@mybizmanager.co.uk.

We reserve the right to disable your My Biz account at any time if we find out that your account is being used in a way that is not compliant with these Terms of Service.

If you become a My Biz Account Holder because you have been referred to us by someone else (e.g. you are a Secondary or Free User), your contract for the use of The Service will be directly with us.

The Trial Period: Following our granting in your favour of a licence, you shall immediately be granted access to The Service for a fee-free, trial period of 30-days (the “Trial Period”).

We will remind you by e-mail (using the e-mail address provided in the application for the creation of a My Biz account) at least 5 days prior to the expiration of the Trial Period, that you are approaching the end of the Trial Period.

Upon the expiration of the Trial Period, you will be invited to commence subscription fee payments to continue to access The Service.  Unless you have commenced making payments to us, you will cease to have access to your account (your data will be kept for the period of one year, and should you choose to subscribe within this period, you will have access to your data).  In the event that you do not commence making payments and do not have access to The Service, you will continue to have the option to close your Account and/or delete your data.  In such circumstances, you will still be required to comply with the provisions of these Terms unless and until your Account is closed in accordance with the Closing My Biz Account section here.

You may at any time (whether on, before or after the expiration of the Trial Period) commence making payments to us as described in the Payment section below, so as to continue to be able to access or re-access The Service in full.

Errors in information given to us: If you made any mistakes in the details you gave to us when applying for a My Biz account (or that you gave to the third party who passed these details to us as part of a specific arrangement we have with them), these errors can be corrected by accessing your My Biz account settings.

Third party applications: Third party applications may, with your permission, allow you to interact with The Service via the My Biz Application Programming Interface (API). Please note that:

• You should only enable API access if you have the permission of the Account Holder.
• Any third-party application which you use to access The Service has the ability to access your Data. Before using any third-party application, you should carefully assess whether or not you are happy with the assurances provided by the developer regarding your privacy and security.
• We accept no responsibility for any loss suffered by you as a result of the use of any third-party application to access The Service.

Your obligations

You must:

• have a valid e-mail address;
• be over 16 years of age;
• be a resident of the United Kingdom and Ireland;
• keep any password created for your My Biz account secure;
• only use The Service on behalf of the Account Holder whose My Biz account you are accessing and solely for business or financial management purposes relating to that Account Holder’s own business which are legal; and
• only upload to The Service, data that you have the right or consent to do so (and for it to be used in accordance with our Privacy Policy);
• be responsible for:
  • all content uploaded, posted, published, reproduced or created by you via the Website and by operation of The Service on your Account (“Data”), including the validity of your data;
  • all activity occurring on your Account; and
  • maintaining the security and confidentiality of your Account and the username and password used to access your Account and notifying us immediately in the event of any unauthorised access to your Account.
• you shall comply with any and all instructions provided by us relating to The Service;
• you shall and shall ensure that your officers, employees, agents and sub-contractors co-operate with us, our officers, employees, agents and sub-contractors in carrying out The Service;
• you shall supervise and control the use of The Service and ensure that your officers, employees, agents and sub-contractors use The Service in compliance with these Terms;
• you acknowledge and agree that the technical processing and transmission of The Service and all Data may be transferred unencrypted and involve:
  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices.

In the event that any of your officers, employees, agents or sub-contractors uses The Service, we shall assume that they have the right to do so and you will be liable for their acts and omissions, including (without limitation) any breach of these Terms.

You must not:

• use The Service in any unlawful manner, for any unlawful purpose, or any immoral manner or in any way that would bring us into disrepute, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data/files, into The Service or any operating system;
• do anything which could reasonably be expected to damage, disable, overburden, compromise or materially impair our systems or security (including the upload of any malicious documents/files); or The Service generally or which is likely to interfere with any other party’s use or enjoyment of The Service;
• copy The Services, except as part of the normal use of The Service;
• translate, merge, adapt, vary, alter or modify, the whole or any part of The Services nor permit any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use The Service on devices as permitted by us;
• infringe our intellectual property rights or those of any third party in relation to your use of The Service;
• you shall not create or modify any website so as to make it appear to be associated in any way with either us or The Service or create derivative works based on the whole or any part of The Service;
• you shall not reproduce, duplicate, copy, merge, adapt, vary, modify, disassemble, decompile, reverse engineer, sell, resell, rent, lease, sub-license, loan, translate or exploit any portion of The Service;
• you shall not upload, post, publish, transmit, reproduce, create derivative works of, or distribute on The Service in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner; and
• you shall not question or dispute our ownership of the intellectual property rights in and to The Service.

Paying for The Service

The price for The Service will depend on the features you require and what type of My Biz user you are. Details of the costs associated with The Service for all user types are set out on our website here.

We will always let you know in advance of any changes in our fees, to give you the opportunity to decide whether you want to continue using The Service prior to any fee increase.

Payment: Following the expiration of the Trial Period, if you wish to continue to use the Website Services in full, a subscription fee (“Fee”) is payable by you monthly in advance.

All costs associated with The Service are quoted in Pounds Sterling and exclude all taxes, levies or duties imposed by taxing authorities (all of which shall for the duration of these Terms be your responsibility).

All price information may be subject to change. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address. All card payments are collected and processed by a third-party payment service provider.  By agreeing to these Terms of Service, you authorise us to send instructions to the financial institution that issued your card to take payments from your card account in accordance with these Terms of Service.

Upon your setting up payments in our favour in respect of the Fee, we shall send you an electronic receipted invoice by e-mail (using your E-mail Address).  For each monthly payment, we shall send you an electronic receipted invoice.

You can see your billing details and past invoices via a link to the third party payment service provider, in the Manage Payment Details section of your My Biz account.

All payments of Fees are non-refundable.

Free trials: During the Trial Period, you will not be charged for use of The Service and no payment information will be taken. Please be aware that the Account Holder cannot benefit from more than one ‘free trial’ – if we discover that more than one ‘free trial’ has been requested, the Account Holder will become liable for payment of any applicable subscription fee for use of The Service after the first ‘free trial’ period.

Before, at, or after the expiration you will be able to set up a regular monthly payment via our third-party card processer, to make Fee payments as outlined above.

Non-payment: We shall be under no obligation to provide you with access to The Service if the subscription fee (plus any relevant taxes, levies or duties imposed by taxing authorities) or any other charge that you have agreed to pay us (including charges relating to Secondary User Accounts) are not paid on time.

If subscription fees or other agreed charges become overdue, we reserve the right to suspend access to The Service until outstanding amounts are paid or close the Account Holder’s My Biz account permanently. This includes situations where the Account Holder’s credit card has expired.  You will be advised of this by email so you can amend your card details.

Fees for multiple accounts: If you would like to use The Service to manage more than one business, you will need to sign up for multiple accounts and pay the subscription fee charged by us for each additional My Biz account.

Who owns what

Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trademarks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities. We may also share your aggregated, de-identified data with select third-parties for research purposes, but otherwise we will only use your Data to provide The Service.

Rights in our software application: All copyright, database rights, trademarks and other intellectual property rights in The Service are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder. You have no right to modify The Service and if you do, then to the extent that you do this without our prior written consent, we shall own all the intellectual property rights in any modifications to The Service and you automatically assign absolutely with full title guarantee all such intellectual property rights to us.

Third party features: All copyright, database rights, trademarks and other intellectual property rights in any external data sources or embedded third party services used in My Biz are the intellectual property of the relevant third-party provider.

Data Feeds: If you configure your My Biz account to share your My Biz Account data with a third party (e.g. Xero), your data will be shared accordingly. The type of information that you can share extends to general, financial, and transactional data and information from your account such as bank transactions and invoice, bill, expense and project details.

Once you share that data with that third party, they will use that data in the way described by their Terms of Service or equivalent terms and conditions.  With the open banking data feed, currently a maximum of 500 bank transactions a month will be displayed in your My Biz My Finance section.

Closing a My Biz account

These Terms of Service will remain in full force and effect as long as you continue to access or use The Service, or until terminated by you or us for any reason set out in these Terms of Service.

Cancellation by you: You can close the Account Holder’s My Biz account at any time by accessing The Service and using the “Cancel my account” option on the “Manage account” page of the website. In the event that you no longer have access to the site due to the reasons set out in the Terms of Service, you will continue to be able to select the ‘Cancel my Account’ option after you enter your log in details into the My Biz application.  No further subscription fees will be billed for the following month. Please note that no refund will be made for any Fee payments already billed and paid.

Suspension and closure by us: We reserve the right to suspend The Service and/or permanently cancel your Account if you (or any other user of the Account Holder’s My Biz account):

• fail to abide by these Terms in any material respect;
• an instalment of Fees is not paid;
• any verbal, physical, written, or other abuse (including, without limitation, threats of abuse or retribution) is directed by you or any of your officers, employees, agents or sub-contractors at any of our customers, members, officers, employees, agents or sub-contractors; or
• you become unable to pay your debts as they fall due (within the meaning of Section 123 of the Insolvency Act 1986) or otherwise become insolvent, or an order is made or a resolution passed for your administration, winding-up or dissolution (other than for the purposes of a solvent amalgamation or reconstruction), or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of your assets, or you enter into or propose any composition or arrangement with your creditors generally, or anything analogous to the foregoing occurs in any applicable jurisdiction or if you cease to trade or threaten to cease to trade.

If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any My Biz account (including during any ‘free trial’) immediately for the reasons given above, or for any reason, by giving the Account Holder one month’s notice.

Support

Requests for support in connection with the Website Services should be sent by e-mail to help@mybizmanager.co.uk.

Whilst we provide no warranty that we will do the same, we aim to respond to e-mailed queries relating to:

• software support matters within two business days of receiving notification of the same; and
• technical matters within five business days of receiving notification of the same.

For the purposes of this, a “business day” is a day other than a Saturday, Sunday or public holiday in England and Wales on which banks in the City of London are open for normal banking business.

The support we provide in connection with The Service is not intended to deal with any questions relating to accountancy, taxation or company law.  Our support service is intended to provide you with timely, informal assistance and as such, any reliance placed upon it is at your risk. Any opinions or statements made by us or on our behalf should be checked with an appropriate professional. To the fullest extent permissible by law, we do not accept any responsibility for the opinions or statements expressed by our officers, employees, agents and sub-contractors in connection with this service.

Viruses

We do not guarantee that your use of The Service will be secure or free from viruses or bugs.  You are responsible for configuring your information technology, computer programmes and platform to access The Service. You should use your own virus protection software.

You are not allowed to knowingly introduce any material that is malicious or technologically harmful to The Service. We also do not permit attempts to gain unauthorised access to The Service, the server on which The Service may be stored or any server, computer, database connected to The Service or the attachment of the website via a denial-of-service attack or a distributed denial-of-service attack.

Anyone involved in the aforementioned activities will be restricted from using The Service and is at risk of having committed a criminal offence under the Computer Misuse Act 1990. If we become aware of any such activities, we will report to the relevant law enforcement authorities and share the identity of those involved.

Disclaimer

IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.

No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum, but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use. The Service is not a substitute for a professional accountant and any information presented does not constitute accounting advice or tax advice.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website Service with or without notice.

Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of the possibility) including the following losses (whether direct or indirect): loss of profit; loss of anticipated savings; loss of sales or business; loss of business opportunity; loss of or damage to goodwill; loss of use or corruption of software, data or information; and indirect and consequential loss; loss resulting in any failure by you to operate, install, or use The Service in accordance with these terms.

Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service shall not exceed a total aggregate amount equal to the subscription fees which the Account Holder has paid to us in the previous month (or the relevant third party on their behalf).

Liability to us: If you access The Service using a password created to control access to the Account Holder’s My Biz account, then the Account Holder shall be held liable for any reasonable costs, losses and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.

General legal matters

Entire agreement: These Terms of Service describe the entire agreement between you, the Account Holder and us regarding The Service, and supersede and extinguish any prior understandings or agreements.

Third party features: In order to use certain optional features of My Biz which rely on external data sources or embedded third party services, you will be required to accept the terms and conditions of the relevant third-party provider. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites. These will be notified to you within The Service at the point of first use of the relevant feature and thereafter where those terms are subsequently updated from time to time, but currently include for example:

• automated access to bank transaction data for supported banks.

By agreeing to these terms and conditions you agree, if you use the relevant features, to be bound by the terms and conditions listed above (and as subsequently amended from time to time) and any other third party terms subsequently accepted by you while using The Service (“Third Party Terms”). Any breach by you of the Third Party Terms shall, without limiting any other remedy available to the third party provider, be deemed to be a breach of these Terms of Service.

Changes to this contract: We may need to change these Terms of Service from time to time. Changes to the terms will be posted on our website. We will notify you of any material changes to our Terms of Service by sending you an email with details of the change or notifying you of a change next time you use The Service following a change to these terms. Material changes include payment terms, and where relevant, the Schedule. Changes to the Terms of Service will be effective immediately. If you do not agree to changes to the terms and conditions you can end your contract with us (Please see ‘Closing a My Biz account’ section for more information). Please ensure that you review any updates to these Terms of Service before continuing to use The Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.

Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent. These Terms are between you and us. No other person shall have any rights to enforce them, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Service turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.

Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with English law. If any party wants to take court proceedings in relation to The Service, it must do so in England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.

Interpretation: The following rules of interpretation apply to these Terms of Service:

• The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service;
• A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established;
• A reference to writing or written includes email; and
• Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• References to statutory provisions shall be construed as references to those provisions as amended, consolidated, extended or re-enacted from time to time.
• Without prejudice to any other right or remedy we may have, we reserve the right to set off any amount owing to us at any time from you against any amount payable by us to you under or in connection with these Terms.
• We shall be entitled to delegate or sub-contract the performance of all or any part of our obligations under or in connection with these Terms to any third parties as is necessary to provide the Website Services.
• All provisions of these Terms intended by their nature to survive termination shall survive the termination of these Terms.
• Nothing in these Terms will be construed as constituting or evidencing any partnership, contract of employment or joint venture of any kind between us or as authorising either of us to act as agent for the other. Neither of us will have authority to make representations for, act in the name or on behalf of or otherwise to bind the other in any way.
• These Terms constitute the entire agreement between you and us in relation to the Website Services and your Account. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms.
• Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Schedule

Purpose of this Schedule

We have set out below the different types of My Biz user profiles. Please read on to find out which user type applies to you:

1. Primary Users

Eligibility

You are classified as a Primary User if:

• You hold a valid monthly subscription to access The Service; or
• You are currently undergoing a free trial of the service.

Service specification and features available to Primary Users

You will have access to the following:

• My Biz software application, including an option to establish open banking feeds to display a maximum of 500 transactions a month.

Price

Following the free 30 day Trial Period, you will pay a monthly subscription fee for use of and access to The Service.

Payment

A subscription fee for use of The Service is payable monthly in advance by the Account Holder. The subscription rates are posted on our Website and we may vary these from time to time: please see our Pricing Page for the rates in force for the current month. Prices for The Service are quoted in GBP. If you add a Secondary User to your account, you will receive a separate subscription fee payable monthly in advance via our third-party card processor, which will take effect at the next billing cycle.

2. Secondary Users

Eligibility

You are classified as a Secondary User if:

• Your access to The Service has been granted by a Primary User.

Service specification and features available to Secondary Users

You will have access to the following:

• Calendar (read-only) function in the My Biz application.

If you are a Secondary User you may also be required to accept the terms and conditions imposed by our authorised third party provider and/or the third party scheme in order to purchase The Service from them, in which case:

• you must adhere fully to our authorised third-party provider’s terms and conditions relating to your use of The Service in addition to these Terms of Service; and
• a breach by you of our authorised third-party provider’s terms or any third party scheme rules shall be deemed a breach of these Terms of Service, which may cause us to close your My Biz account.

If, for whatever reason, you are no longer entitled to benefit from the arrangement, you may continue to access and use the Service by becoming a full paying customer of My Biz and therefore changing your profile to a Primary User (for which a separate User Schedule will apply).

Price

There is a monthly subscription fee for use of and access to The Service as a Secondary User.

Payment

The Primary User will pay a monthly subscription fee for use of and access to The Service by the Secondary User.

3. Free Users

Eligibility

You are classified as a Free user if:

• Your access to The Service has been granted by a Primary User, e.g. a Primary User may allow their accountant to view and export financial information.

Service specification and features available to Free Users

You will have access to the following:

• My Finances section (read-only, with option to export data)

Price

There is no monthly subscription fee, or any additional fee to the Primary User, for use of and access to The Service as a Free User.