Ledgerscope offers an online service for accountants (“the Service/Checkmybooks”). “Ledgerscope” (“we/us”) means Ledgerscope Ltd, a company registered in England (Company Number 7224872) with the registered office at North Barn, Broughton Hall, Skipton, BD23 3AE.
By using the Service and/or creating an Account you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, please do not use or access the Service. You must read and accept all of the terms and conditions contained herein before you may use or access the Service in any way.
These terms and conditions constitute the entire terms and conditions upon which Ledgerscope provides the Service and upon which you agree to contract for use of the Service except where specifically varied by written agreement by Ledgerscope. They supersede any written or oral representations, statements, understandings or agreements.
From time to time, it will be necessary to update these terms and conditions and you agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
In this Agreement:-
“Account” means the unique record allocated to the Customer in Ledgerscope's systems
“Agreement” means these terms and conditions
“Customer/you” means a person, company, firm, corporation or public authority who uses the Service.
“Data” means the information from a Source Platform provided by the Customer for the purpose of using the Service.
“Source Platform” means a 3rd Party accounting system from which data is transferred into the Service
“Intellectual Property” means any patent, invention, copyright, database right, software copyright, website content, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“Secure Trading” means the third party provider of the online method of payment for the Service.
“the Website” means the Checkmybooks website operating under the domain name of checkmybooks.co.uk
All Intellectual Property Rights in the materials on this Website and in the Service together with the underlying software code are owned by, licensed or authorised to Ledgerscope, it’s assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Ledgerscope or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without the prior written permission of Ledgerscope, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website in the Service or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your own, lawful use.
1. Delivery of Service
1.1 No Agreement in respect of the Service shall exist between Ledgerscope and the Customer until an Account has been accepted by Ledgerscope (whether or not payment has been taken). If we do not accept an Account and payment has already been taken, this will be fully refunded.
1.2 Ledgerscope reserves the right to accept or reject any Data at its sole discretion.
1.3 Ledgerscope will use all reasonable endeavours to provide the Service as described on the Website.
1.4 Ledgerscope may at any time amend the Service for any reason including, but not limited to, technical, legal or business reasons.
1.5 The contract duration starts with the opening of an Account and ends on the closing of an Account.
1.6 Ledgerscope does not offer an accountancy service or any type of financial assistance or advice of any kind in respect to the contents of the Data or its representation in the Service.
1.7 Ledgerscope will provide support to Customers via its online Customer Service portal only. The primary means of communication will therefore be email. At its discretion, Ledgerscope may provide telephone support to Customers but otherwise will not provide telephone support regarding any aspect of the Service.
1.8 Without prejudice to its rights in terms of Clause 4 hereof, Ledgerscope is entitled to suspend or terminate the Customer's use of the Service if the Customer fails to comply with any of its obligations under clause 3.
2. Customer Obligations
2.1 When opening an Account the Customer warrants that all information submitted by the Customer is true, current and complete. Ledgerscope reserves the right to verify the eligibility of all Customers.
2.2 The Customer is responsible for subscribing to the relevant Source Platform, as required, to enable Ledgerscope to deliver the Service.
2.3 In the event that the Data is not in a suitable condition, Ledgerscope may suggest that the Customer contacts a third party to help resolve the problem. In the event the Customer cannot provide the Data in a format Ledgerscope can use, Ledgerscope reserves the right to reject the Data.
2.4 The Customer shall pay the charges for the Service in accordance with clause 3 below.
2.5 The Customer will be responsible for obtaining and holding all permissions, licenses, permits and other similar instruments applicable to Data it supplies to Ledgerscope.
2.6 The Customer warrants and represents to Ledgerscope that any element of text, graphics, photos, designs, trademarks or other material supplied to Ledgerscope are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements and that Ledgerscope use of such material shall not infringe the intellectual property rights of any third party.
2.7 The Customer is responsible for reviewing for accuracy the results of the Service, in particular checking the account balances, transaction values and other information presented by the Service.
3. Service Charges
3.1 Charges for the Service shall be paid by the Customer in accordance with the prices and payment terms stated on the Website or as otherwise agreed in writing.
3.2. Prices exclude VAT which shall be added and charged at the prevailing rate. We accept payment in UK pounds sterling only.
3.3 All payments are made via Secure Trading. All payments are to be made by electronic payment.
3.4 The Customer shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Ledgerscope.
4.1 Ledgerscope shall be entitled to suspend provision of the Service in accordance with clause 1.8.
4.2 Without prejudice to any other rights to which it may be entitled, Ledgerscope may terminate provision or use of the Service respectively with immediate effect if the Customer commits any material breach of any of the terms of the Agreement and the breach remains unremedied after thirty days of the Customer being notified by Ledgerscope of the breach and of Ledgerscope's intention to terminate unless the breach is remedied.
4.3 Ledgerscope may terminate provision of the Service immediately if the Customer becomes insolvent or is put into liquidation or administration or otherwise ceases to carry on business.
4.4 Ledgerscope will not tolerate Customers being rude or offensive or otherwise abusing its staff or agents in any way and reserves the right to terminate provision of the Service with immediate effect as a result of such behaviour.
4.5 Ledgerscope reserves the right to terminate if the Customer fails to adhere to Legislation or HMRC regulations.
5. Warranty Given
Ledgerscope undertakes to use reasonable skill and care in providing the Service as described on the Website.
6. Disclaimer and Limitation of Liability
6.1 The Customer uses the Service as is and at its own risk and in no event shall Ledgerscope be liable to the Customer for any direct or indirect, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Ledgerscope negligence) including, but not limited to, loss of profits, loss of contracts, change in Customers business circumstances, business interruptions, loss of or corruption of data or the Customer's inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
6.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Ledgerscope becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Ledgerscope negligence) or otherwise, will not exceed the total amount paid by the Customer for the relevant instance of Data processed using the Service.
6.3 It is the Customer’s responsibility to maintain up to date browser, firewall or anti-virus and anti-spyware software. The Customer must protect their computer and ensure they update all security software by downloading the latest security patches from the relevant software provider.
6.4 Ledgerscope cannot guarantee 100% up-time and endeavours to provide the Service as described on the Website.
6.5 Ledgerscope is not responsible for producing an accurate representation of the Data when processed; the Service produces a representation of the Data and the Customer accepts all responsibility for checking the accuracy of the results presented by the Service.
7. Force Majeure
7.1 Ledgerscope shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
7.1.1 act of god, explosion, flood, tempest, fire or accident; weather.
7.1.2 external technical circumstances which prevent us from providing the Service.
8. Statutory Information
This website is owned and operated by:
Registered in England No. 7224872
Ledgerscope shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. You may not assign or transfer any of your rights or obligations without our written consent.
11.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website and the Service. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, the Software, any downloaded material from it and the operation of these terms and conditions shall be governed by, construed and interpreted in accordance with the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.
11.2 Failure or delay by Ledgerscope in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
11.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.