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These Terms are binding on any use of the Service and apply to You from the time that FixMyBiz provides You with access to the Service. The FixMyBiz Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the FixMyBiz Service. FixMyBiz reserves the right to change these terms at any time, effective upon the posting of modified terms and FixMyBiz will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

1. Definitions

Agreement means these Terms of Use.

Access Fee

means the monthly fee (excluding any taxes and duties) payable by You in accordance with the Fee Schedule.

Confidential Information

includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

Data

means any data inputted by You or with Your authority into the Website.

Fee Schedule

means the information relating to subscriptions and billing set out on the FixMyBiz subscriptions and billing pages on the Website, or any other page(s) on the Website notified by FixMyBiz, which may be updated or amended by FixMyBiz from time to time.

Intellectual Property Right

means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

Service

means the online accounting and personal finance management services made available (as may be changed or updated from time to time by FixMyBiz) via the Website.

Website

means the Internet site at the domain www.FixMyBiz.com or any other site operated by

FixMyBiz

means FixMyBiz the own and operator

Invited User

All FixMyBiz invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. Payment of all amounts specified in an invoice must be paid in accordance with the Fee Schedule. You are responsible for payment of all taxes and duties in addition to the Access Fee.

means any person (Driver/Employee), other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time."Subscriber"

means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

You

means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.

2. Use of Software

FixMyBiz grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

1. the Subscriber determines who is an Invited User and what level of user role access to the relevant organization and Service that Invited User has;

2. the Subscriber is responsible for all Invited Users’ use of the Service;

3. the Subscriber controls each Invited User’s level of access to the relevant organization and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

4. if there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

3. Your Obligations

1. Payment obligations: An invoice for the Access Fee will be issued each month in accordance with the details set out in the Fee Schedule. FixMyBiz will continue invoicing You in accordance with the Fee Schedule until this Agreement is terminated in accordance with clause 8.

2. Preferential pricing or discounts: You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of organizations that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service ('Organizations'). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organizations. Without prejudice to any other rights that FixMyBiz may have under these Terms or at law, FixMyBiz reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organizations in the event that any invoices for those Access Fees are not paid in full in accordance with the requirements set out in the Fee Schedule.

3. General obligations: You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by FixMyBiz or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

4. Confidentiality and Privacy

Confidentiality: Unless the relevant party has the prior written consent of the other or unless required to do so by law:

1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

2. Each party's obligations under this clause will survive termination of these Terms.

3. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:

i. is or becomes public knowledge other than by a breach of this clause;

ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party;

5. Access conditions:

1. Authority:

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.