Legal
Terms and Conditions
These terms govern your use of the Consus Solutions website, our software products and subscriptions, and any integration or development work we carry out for you. By creating an account, installing or connecting one of our applications, or engaging us for a project, you agree to them. If you are accepting on behalf of a company, you confirm you are authorised to bind that company.
Definitions
- “Consus”, “we” and “us” mean Consus Solutions.
- “You” and “Customer” mean the individual or company using the Services.
- “Services” means our websites, software products, hosted applications, subscriptions, integrations and development work.
- “Software” means any application we license to you, whether installed on your systems or hosted by us.
- “Customer Data” means data you provide, or that we access on your behalf from a connected platform.
- “Connected Platform” means a third-party service you authorise us to exchange data with, including QuickBooks.
The services we provide
We provide software products and subscriptions, integrations between business systems, and custom development. Which of these applies to you depends on what you have purchased or engaged us for, and on any separate order, proposal or scope document agreed between us.
Where a signed agreement, order form or scope document conflicts with these terms, that document takes precedence for the work it covers. These terms otherwise continue to apply.
Accounts and eligibility
Some Services require an account. You are responsible for the accuracy of the details you register, for keeping credentials confidential, and for everything done under your account. Tell us promptly if you believe an account has been compromised.
You must be able to form a binding contract to use the Services, and you may not use them if we have previously terminated your account.
QuickBooks and Intuit
Several of our products connect to QuickBooks. The following applies whenever you use one of them.
- Intuit Inc. is an independent third party. Consus Solutions is not affiliated with, endorsed by, or acting as an agent of Intuit, and Intuit is not a party to these terms. QuickBooks, Intuit and related marks are trademarks of Intuit Inc.
- You need your own valid QuickBooks subscription. We do not provide QuickBooks itself, and your use of it is governed by your agreement with Intuit, not by these terms.
- By connecting an application you authorise us to access, read and, where the product does so, write data in your QuickBooks company through Intuit's authorised interfaces, for the purpose of operating the Service you have chosen.
- Access is limited to the data the product needs to function. We do not sell your QuickBooks data, and we do not use it for any purpose other than providing the Service and supporting you, except as set out in our Privacy Policy.
- You can withdraw that authorisation at any time from within your Intuit account. Doing so stops the integration working, and any part of the Service that depends on it will cease to function.
- Intuit controls its own platform. If Intuit changes, restricts, deprecates or withdraws an interface, or suspends your QuickBooks subscription or our access to it, the affected functionality may change or stop. We will make reasonable efforts to adapt, but we are not liable for the consequences of a change made by Intuit.
- Where a product is listed on the Intuit App Store, purchases and billing made through that listing are subject to Intuit's terms as well as these, and pricing shown there is maintained in Intuit's portal.
Other connected platforms
The same principles apply to every other platform we integrate with, including but not limited to Shopify, WooCommerce, Magento, Amazon, Salesforce, Zoho, Microsoft Dynamics, Stripe, PayPal, Authorize.Net and the databases we synchronise to. Each is operated by an independent third party under its own terms.
You are responsible for holding valid accounts and licences for each platform you ask us to connect, and for having the right to authorise access to the data in them. We are not responsible for a third party's availability, pricing, data accuracy, or for changes it makes to its own interfaces.
Customer data and security
As between you and us, Customer Data remains yours. You grant us only the rights needed to operate the Services, support you, and meet our legal obligations.
We apply appropriate technical and organisational measures to protect Customer Data, as described in our Privacy Policy. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.
You are responsible for maintaining your own backups of your accounting records and other business data. An integration is not a backup, and syncing data into a second system does not remove your need for one.
Subscriptions, fees and payment
Subscription fees are charged in advance for the billing period shown at purchase and, unless stated otherwise, renew automatically until cancelled. Development and integration work is invoiced as set out in the relevant proposal or scope document.
Fees exclude taxes and duties unless stated. You are responsible for any sales, use, VAT, GST or withholding tax arising, other than tax on our income.
We may change subscription pricing on reasonable notice before the start of a renewal period. If you do not accept a change, you may cancel before it takes effect.
Where payment is taken through the Intuit App Store or another marketplace, that provider's billing, cancellation and refund mechanics apply alongside our Refund Policy.
Licence and permitted use
Software we license to you is licensed, not sold. Your rights are set out in the Software License Agreement, which applies in addition to these terms for any product it covers.
- Do not copy, resell, sublicense, rent or redistribute the Software except as those terms permit.
- Do not reverse engineer, decompile or attempt to derive source code, except where that restriction is unenforceable by law.
- Do not remove or obscure proprietary notices.
- Do not use the Services to store or transmit unlawful material, to infringe anyone's rights, or to send unsolicited messages.
- Do not attempt to gain unauthorised access to the Services, to another customer's data, or to any system we operate.
- Do not interfere with or place an unreasonable load on the Services, or use automated means to extract data beyond what the product provides.
Intellectual property
We retain all rights in the Services, our software, and anything we develop for general use, including tools, libraries and methods reused across engagements. Nothing in these terms transfers ownership of them.
Where a proposal or scope document states that custom deliverables become yours on payment, that provision governs those deliverables. It does not extend to our pre-existing or general-purpose materials, which we license to you as needed to use what we built.
Feedback you give us about the Services may be used without restriction or obligation.
Development engagements
Project work is carried out against a scope document agreed before work begins, and proceeds through the milestones it sets out. Changes to scope are agreed in writing and may affect cost and timing.
You agree to provide the access, test data, decisions and approvals the work depends on. Delays in these shift the schedule accordingly.
Cancellation and refunds for project work are covered by our Refund Policy.
Support and availability
We aim to keep hosted Services available and to respond to support requests promptly during business hours. Unless a separate service level agreement is in place, the Services are provided without a guaranteed uptime or response time.
We may suspend access temporarily for maintenance, for security reasons, or where continued use would risk harm to the Services or to other customers. Where practical we give advance notice.
Disclaimer
Except as expressly stated, the Services are provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted or error free.
We do not provide accounting, tax, legal or financial advice. Our software moves and presents data; deciding whether that data is correct, and how it is treated in your accounts and filings, remains your responsibility and that of your professional advisers. You should verify imported, synchronised and printed records before relying on them.
Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, revenue, goodwill or data, however arising.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services is limited to the amount you paid us for the affected Service in the twelve months before the event giving rise to the claim.
Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.
Indemnity
You agree to indemnify us against claims, damages and reasonable costs arising from your use of the Services in breach of these terms, from Customer Data you provide or authorise us to access, or from your breach of a third party's rights.
Term, suspension and termination
These terms apply for as long as you use the Services. You may stop using them, or cancel a subscription, at any time in line with the billing terms above.
We may suspend or terminate access where you materially breach these terms, where required by law, or where a connected platform withdraws the access a Service depends on. Where the breach can be put right, we will normally give you the opportunity to do so first.
On termination your right to use the Services ends. Clauses that by their nature should survive — ownership, disclaimers, liability and indemnity — continue to apply.
Changes to the Services and to these terms
We may update the Services, and may change these terms from time to time. The date at the top of this page shows when it was last revised, and continuing to use the Services after a change means you accept the revised terms. Where a change materially reduces your rights, we will give reasonable notice before it takes effect.
General
- If any provision is held unenforceable, the rest remains in force.
- A delay in enforcing a right is not a waiver of it.
- You may not assign these terms without our written consent. We may assign them as part of a transfer of our business.
- These terms, together with any order, scope document and the policies referred to here, are the entire agreement between us on their subject matter.
- Neither party is liable for failure to perform caused by events beyond its reasonable control.
Related policies
These terms should be read alongside our Privacy Policy, which explains how we handle personal data; our Refund Policy, which covers cancellations and refunds; our Delivery Policy, which covers how software is delivered and registered; and our Software License Agreement, which governs the use of licensed products.
Contact
Questions about these terms can be sent to info@consussol.com, or by post to the address shown on our contact page.
Questions about this policy? Get in touch.