1The agreement
By creating a company account or using CloudDespatch, the company you represent (“you”) agrees to these terms with CloudDespatch Ltd, registered in England and Wales, company number 00000000, registered office [registered address] (“we”). You confirm you have authority to accept them for your company.
CloudDespatch is a business service. It is not offered to consumers.
2Accounts and users
- You are responsible for everyone you invite and for what they do in your account.
- Keep sign-in details secure and switch on two-step sign-in for administrators.
- Tell us straight away at security@clouddespatch.com if you think an account has been compromised.
- Your web address (yourcompany.clouddespatch.com) may be changed if it infringes someone else’s rights.
3Acceptable use
You must not use CloudDespatch to:
- break the law or the rules of the marketplaces and couriers you connect
- ship prohibited or dangerous goods in breach of courier terms
- send marketing to marketplace buyers using data obtained through the service
- attempt to access other companies’ data, probe for vulnerabilities outside our disclosure programme, or disrupt the service
- resell the service without our written agreement
We may suspend accounts that break these rules, and will tell you why unless the law prevents us.
4Fees, trials and payment
- Plans are charged monthly or yearly in advance, in pounds sterling, plus VAT.
- Paid plans may start with a 14-day free trial. If you don’t add a payment method by the end of the trial, the account moves to the free plan.
- Each plan includes a monthly order allowance. We email you at 80% and 100%; you can move plan at any time.
- Upgrades take effect immediately and are charged pro rata. Downgrades take effect at the next renewal.
- We may change prices with at least 30 days’ notice, taking effect at your next renewal.
- Fees already paid are not refundable except where the law requires. [Refund policy to be confirmed.]
5Your data
You own the data you put into CloudDespatch. You give us permission to use it only to provide the service to you. Where we process personal data on your behalf, we do so as your processor under the data processing terms in [Schedule 1: data processing agreement], and as described in our privacy policy.
You can export your orders, products and reports at any time. After you close your account we keep your data for 90 days so you can change your mind, then delete it, except records we must keep by law.
6Availability and support
- We aim for the service to be available [99.9%] of each month, excluding planned maintenance we announce in advance.
- Support is by email on every plan, with faster channels on higher plans, Monday to Friday, 8:00 to 18:00 UK time.
- Marketplaces and couriers are run by third parties. We are not responsible for their outages, rule changes or charges.
7Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.
Subject to that:
- neither of us is liable for loss of profit, revenue, goodwill or data, or for indirect or consequential loss
- our total liability in any 12 months is limited to [the fees you paid in those 12 months]
- we are not liable for courier charges, surcharges or carrier failures, or for listings and stock levels set by you
[Liability caps and exclusions to be confirmed with our legal adviser.]
8Suspension and termination
- You can close your account at any time from Settings. Paid time already billed runs to the end of the period.
- We can end the agreement with 30 days’ notice, or immediately if you seriously break these terms or don’t pay after a reminder.
- We can suspend access while we investigate a security incident or misuse.
9Changes to these terms
We may update these terms. For significant changes we email account owners at least 30 days before they take effect. Continuing to use the service after that date means you accept the new terms.
10Governing law
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Questions about these terms: hello@clouddespatch.com.