Terms & Conditions of Use

Important Notice

 
Acuity Solutions Limited products and services are intended for UK business use only, and not for consumers, or individuals under 18 years of age.
 
If you are a business from outside the UK, please ring 44 (0)1932 237 110. 
 
 

Legal Information for Acuity Solutions' customers

 
If we make a contract to directly supply you with product licences and services that contract is governed by these Conditions and other relevant documentation including our invoice/dispatch note.
 
Your use of any Sage software will also be governed by the terms of a software licence, and our other products and services may also be governed by additional terms. Products or services described on our site but provided by another company within The Sage Group plc will be supplied by that group company and subject to separate terms and conditions.
 
Any other third party products or services described on our site are supplied by the relevant third party and subject to that third party's terms and conditions. Even where third party products or services are co-branded by us, we do not endorse them, warrant the accuracy of third party information about those products or services, or warrant the quality or suitability of those products or services for your use.
 
Our name: Acuity Solutions Limited
 
Our geographic address: Claremont House, 34 Molesey Road, Walton-on-Thames, Surrey, KT12 4RQ.
 
Our contact details: Visit our 'Contact us' area. The telephone, fax numbers and e-mail address to use will depend on the nature of your query. If you are a new customer with general enquiries please telephone 01932 237110 or email us on marketing@acuitysolutions.co.UK
 
For after sales care please telephone customer care on 01932 237110 or email customer.care@acuitysolutions.co.uk
 
Registers: We are a limited company registered in England and Wales under company registration number 3197329 The Companies House register can be found at http://www.companieshouse.gov.uk/ . Our VAT no.is GB 674126630.
 
 

1. Definitions

Acceptance means an Electronic Communication from us accepting your Order.
Conditions means these standard terms and conditions for our supply of Products and/or Services.
Consumer means a person acting for purposes which are outside his or her business.
Contract means the contract between us for the licensing of Software and/or the sale of other Products and/or the supply of any Services (collectively, the "supply"), as set out in Condition 3.1.
Electronic Communication means an electronic communication between us by fax or e-mail.
Order means your contractual offer to buy Products or Services from us by placing an order in writing by mail, fax or email.
Products means our Software and other products as set out on our website or ina written proposal.
Services means the services as set out on our website or ina written proposal.
Software means our licensed software products as set out as set out on our website or ina written proposal.
Specific Terms means terms which apply specifically to the Products (such as those in a software license) or Services, and which are separate from these Conditions.
Website means Acuity Solutions Limited's website currently at http://www.acuitysolutions.co.uk/.
 
 
 

2. How to conclude a Contract with us

2.1. These are the steps you need to take to conclude a Contract with us.
(A) Check variable information such as prices
 
2.2. We will display on our Website certain variable information which you will need to know before you place your Order, such as the range and descriptions of Products and Services and their current prices (exclusive of VAT). This information may also be available outside the Website, for example in printed documentation or supplied over the telephone by our sales staff.
 
2.3. Note that this variable information is known as an "invitation to treat" and not a contractual offer from us which you may accept. This means we reserve the right to correct any errors in that information without any liability to you. It also means that in no circumstances will we be contractually bound to supply you with Products or Services on the basis of any incorrect information, even if that information is repeated in your Order.
(B) Make sure you read and understand our terms
 
2.4. It is your responsibility to read the legal terms on our Website and in our written proposal or contract carefully and to raise any problems with us before you place your Order. That includes these Conditions, our terms of use and privacy policy and any Specific Terms that are available on our Website, or in our written proposals.
(C) Complete your Order
 
2.5. You will be responsible for selecting the Products and/or Services you wish to buy, for supplying your delivery address, for telling us how you wish to pay and for giving us any other information we request to enable us to fulfil your Order and comply with the Contract. All information you submit to us must be adequate, relevant, accurate and up to date.
 
2.6. You may pay by invoice.  We will post you, or deliver by hand a paper invoice, which you must pay within 30 days of the date of the invoice. 
 
2.7. When you have completed your Order, you will be shown a copy. It is your responsibility to check your Order carefully to identify any errors and to correct them prior to placing your Order. 
(D) Place your Order
 
2.8. We will acknowledge receipt of your Order  and, if you request it, by e-mail, in each case without undue delay. This is not our Acceptance of your Order, but a confirmation of its receipt.
(E) Wait for our Acceptance of your Order
 
2.9. You may not assume we have accepted your Order until we send you an Acceptance. Only if and when you receive our Acceptance will we have made a binding legal Contract with you.
 
2.10. We will be entitled to refuse to accept your Order if in our sole discretion we consider it necessary. If that happens we will let you know as soon as we can. If we accept your Order, we will send you an Acceptance without undue delay.
 
2.11. Once we have entered into a Contract with you in accordance with this Condition 2, we shall supply you with the Products and Services that you specified in your Order in accordance with the terms of the Contract.
 
 

3. Other information about the Contract

3.1. We can only conclude the Contract with you in English, and not in any other language.
 
3.2. The Contract between us will consist of (1) these Conditions (including our privacy policy), (2) your Order and (3) our Acceptance (the consideration for which shall be payment of the price in accordance with Condition 4). There can only be a Contract between us if all these elements are present. If there are applicable Specific Terms, these will also be included in the Contract.
 
3.3. The Products and/or Services we supply to you shall be subject to any restrictions set out on our Website or in the Contract. If we provide you with a Service via our Website, you must abide by our terms of use and any acceptable use policy or other applicable terms on the Website. For other Services, you must comply with any terms we notify to you, e.g. health and safety regulations for a Service provided to you face-to-face such as a workshop.
 
3.4. We will not file the concluded Contract between us on line and you should therefore print out and retain copies of each element of the Contract. You will receive a copy of any Special Terms with the Product or service. The current version of these Conditions, and our privacy policy are available on our Website.
 
3.5. You may only cancel an Order that we have accepted or cancel the Contract in the circumstances set out in Condition 6 below.
 
3.6. These Conditions shall take precedence over and exclude any other terms and conditions you seek to impose. If there is a conflict between the Specific Terms and these Conditions, the Specific Terms shall take precedence.
3.7. You may not vary these Conditions unless an authorised representative of ours agrees in writing.
 
3.8. We may update or change these Conditions from time to time without notice and the date of the most current version is that set out at the top of these Conditions. You must read them each time you place an Order with us through our Website.
 
3.9. We also reserve the right to make any changes without notice to our privacy policy, terms of use, other information on our Website and the specification of the Website in order to comply with any applicable legal or regulatory requirements, in the interests of good business practice, or to improve the design or functionality.
 
3.10. If you are a Consumer then your legal rights are not affected by these Conditions or the Contract.
 

4. Price of the Products and Services and Payment

4.1. The price of the Products and Services will be calculated in pounds sterling (or such other currency as we may accept in our absolute discretion) and will be shown to you on our Website at the bottom of your accepted Order.
 
4.2. The prices shown may be exclusive of Value Added Tax ("VAT"). Your Order will show VAT both as a separate item and as included in the total price.
 
4.3. Subject to our obligation to supply the Products and Services at the price stated in a Contract we reserve the right at any time to increase the list prices of the Products and Services and to change the range of Products and Services available. We will endeavour to give you as much notice as we can of changes to the range and any increase in prices.
 
4.4. If you fail to make any payment on the due date then, in addition to any other right or remedy available to us, we shall be entitled to:
 
4.4.1. Cancel the Contract or suspend the performance of any Services; and
4.4.2. take any payment made by you against such of the Products and Services as we may think fit; and
4.4.3. Exercise our legal right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and subsidiary legislation as amended from time to time together with compensation for debt recovery costs.
 

5. Intellectual property rights in the Products and Services

5.1. You acknowledge that the copyright and any other intellectual property rights in the Products and/or Services remain with us or our licensors, and may not be used by you for any purpose other than your lawful use and in accordance with the Contract.
 
5.2. If a third party successfully claims that that our Products or our Services infringe that third party's intellectual property rights we shall be entitled to replace the Products (or the part in question), re-supply the Services free of charge or, at our discretion, refund to you the price of the Products (or a proportionate part of the price) or the Services, but we are not accountable to you in any other way. In particular, we shall not be responsible for any defects or intellectual property rights claims arising from your customisation of the Products or Services or your other instructions.
 
 
 

6. Returns and Cancellation

Returns
6.1. We want you to be completely satisfied with the Products or Services you buy from us. If you are unhappy or wish to complain, then please call customer care on 01932 237 110, or write to us at the address above so that we can discuss your concerns.
 
6.2. If any Specific Terms accompanying the Product or Service (such as a software licence agreement) contain terms about returning that Product or Service, the returns policy in the Specific Terms shall apply in place of the above term.
 
Our rights to cancel 
We may cancel your Order and any Contract if:
 
 
6.3.1. you order Products or Services that become unavailable, in which case we are not obliged to provide substitute software or substitute services but shall inform you of the unavailability, or
6.3.2. You do not pay us the price due for the Products and/or Services by the due date, or
6.3.3. You are from outside the UK, or
6.3.4. You are either not able or not authorised to enter into the Contract with us.
If we wish to cancel your Order and any Contract for a Product or Service, we will contact you first to discuss this.
 
 

7. Exclusions and Limitations

7.1. We shall accept liability for the following:
7.1.1. for death or personal injury, resulting from our negligent act or omission, breach or default, or for our breach of any obligations implied by law which cannot be excluded; and
7.1.2. for direct physical loss or damage to your tangible property up to an amount in aggregate of one hundred and fifty percent (150%) of the total price paid for the Products and/or Services which directly caused that damage to property as set out on your accepted Order (the "Price") or five hundred pounds sterling (£500), whichever is the greater, where, and to the extent that, such loss or damage is caused by our negligent act or omission, breach or default; and
7.1.3. for direct loss or damage, other than governed by Conditions 7.1.1 or 7.1.2 above or Condition 7.2 below, up to an amount in aggregate of one hundred and fifty percent (150%) of the Price paid where, and to the extent that, such loss or damage is caused by our negligent act or omission, breach or default.
 
7.2. Subject to Condition 7.1, we shall not be liable under or in relation to this Contract or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation, or for any other reason excluding fraudulent misrepresentation) for any technical, factual, textual or other typographical inaccuracies, errors or omissions in information on the Website, for any loss or damage arising from the use of your credit or debit card on the Website, for the unavailability of the Website (or any part of it), for any delay in providing or failing to supply the Products or Services, for loss or damage to the Products which occurs during transit (as risk in the Products passes from us to you on despatch) or for any loss of profits, loss of business, loss of anticipated savings, loss of sales or turnover, loss of, or damage to reputation, loss of contract, loss of customers, loss of, or loss of use of any software or data, loss of use of any computer or other equipment or plant, wasted management or other staff time, losses or liabilities under or in relation to any other contract or any indirect, consequential loss or damage (including loss or damage suffered by you as a result of an action brought by a third party) whether that loss:
7.2.1. arises naturally from any breach of the Contract by us; or
7.2.2. was reasonably anticipated or contemplated by both of us when we entered into this Contract; or
7.2.3. is one which you specifically informed us was a likely consequence of a breach by us prior to that breach, and any implied warranties are excluded to the maximum extent permitted by law. For the purpose of this Condition, the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
 
7.3. We expressly agree that should any limitation of liability Condition or provision contained in the Contract be held to be invalid under any applicable legislation (primary or otherwise) or rule of law by reason of some part of that Condition or provision it shall, to that extent, be deemed omitted, but if we thereby become liable for loss or damage which would otherwise have been excluded or limited, as the case may be, such liability should be subject to the other applicable limitations and provisions set out in these Conditions.
 
 

8. Confidential Information

You should be aware that with the exception of credit card numbers and the information we specifically request of you to enable us to enter into a contract with you, we do not wish to receive any information of a confidential or proprietary nature from you through this Website. Any such information you send to us will be deemed by us not to be confidential in nature and you will have granted us an irrevocable licence to use, display, modify, transmit or distribute such information in any manner we shall reasonably decide. To learn more about how we deal with personal information, such as names and addresses, see our privacy policy.
 
 

9. Indemnity

You agree to indemnify us and hold us, our employees, affiliates, agents, business partners and employees harmless from any claim or demand, including reasonable legal fees, made by a third party arising out of content you submit or transmit to this Website, your use of the Website or your breach of these terms and conditions.
 

10. Export Restrictions

It is not our intention that businesses will order Products from us for delivery overseas but in that eventuality you agree to comply with all applicable international and national laws that apply to the Products. You may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Sage (UK) Limited, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
 
 

11. General

11.1. We may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.
 
11.2. Any notice which is given under these Conditions shall be either by Electronic Communication or if by you, by pre-paid recorded delivery, addressed to us at the address in these Conditions and if by us by first class post addressed to you at the delivery address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only.
 
11.3. Any Electronic Communication, including your Order, our acknowledgment of receipt of your Order and our Acceptance shall be deemed to be received when the party to whom the Electronic Communication is addressed is able to access it.
 
11.4. If we choose to ignore a breach by you of these Conditions on one occasion, we may still take issue with you if you breach of the same or any other Condition after that.
 
11.5. If a court decides that any of these Conditions is legally unacceptable or ineffective in whole or in part, that shall not affect the other Conditions or part Conditions.
 
11.6. A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to the benefit of any of these Conditions, unless we agree otherwise in writing.
 
11.7. The laws of England shall govern the Contract, and you agree to submit to the non-exclusive jurisdiction of the English courts.
 

Privacy Policy

1. About this policy
 
This is the privacy policy of Acuity Solutions Limited (“Acuity”). It applies only to personal data as defined in s.1 of the 1998 Data Protection Act (“personal information” or “information”) and not other types of business or general information. The policy tells you who we are, how we collect personal information about you through this website, what we intend to use that information for, with whom we intend to share it, how we keep it secure, and how we transfer your information outside the European Economic Area (‘EEA’).
 
Please read the policy carefully. By accessing or using this web site you are deemed to agree to the terms of this privacy policy, and if you do not agree with it, then you must not send us any personal information.
Note that if you follow a link from this site to another site, this policy will no longer apply. We are not responsible for other sites’ information handling practices. Use of your information by the owner of the linked site will normally be governed by that site’s privacy policy, which we encourage you to read.
 
Further information about privacy and data protection issues including the online Register of Data Controllers can be found on the Information Commissioner’s website at http://www.informationcommissioner.gov.uk/.
 
 
2. Who we are
 
We are Acuity Solutions Limited, a company registered in England and Wales with company registration number 3197329 Our registered office isClaremont House, 34 Molesey Road, Walton-on-Thames, Surrey, KT12 4RQ. Please see our contact section for more information. If you have any queries about the information we hold on you, please contact our Data Protection Compliance Officer, who you may write to at the address above, or email at debbie@acuitysolutions.co.uk or telephone on 01932 237110.
 
We are entered in the Register of Data Controllers with registration no.Z1589707.
 
 
3. How we collect information from you
 
3.1. By the use of “cookies” and “web beacons”.
Cookies
 
3.2. A cookie is a small text file which is transferred from a website and stored on your computer’s hard drive. It enables a website to “remember” who you are.
 
3.3. Most browsers are automatically set to accept cookies but if you are using Microsoft’s Internet Explorer or Netscape Navigator, you should be able to configure your browser to restrict cookies or block all cookies if you wish. This will however, affect your ability to log into and use our community areas and other restricted areas of our website. Browser-specific instructions on how to restrict or block cookies may be found on the Interactive Advertising Bureau’s website at http://www.allaboutcookies.org/.
 
3.4. We use session cookies (which are temporary cookies) in the products and services and communities sections of our website to verify your identity when you log in, to keep track of which pages you visit and what is in your shopping basket, to personalise our service to you, including sending you or your business any marketing information you have indicated you would be happy to receive and to improve our website. Our session cookies currently contain your customer account number and company name. In addition our session cookies will contain your email address. Session cookies are deleted when you close your browser (i.e. the software program you use for searching and viewing various kinds of Internet resources such as information on a web site).
 
3.5. This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google requires us to reproduce the following statement. You can find out more about this service at http://www.google.com/analytics. Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address which we do not link to any personally identifiable information) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing other services to us relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Web beacons
 
3.7. Some of our web pages contain electronic images known as web beacons (sometimes known as web bugs, clear gifs, or trackers) that allow us to count users who have visited these pages after clicking through from an advertisement for our products or services from a third party site. They also tell us whether someone has bought a product from our site and its cost after clicking through from an advertisement, but not in a way that identifies any particular individual. Web beacons collect only limited information which includes a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We do not carry web beacons placed by third party advertisers but we do use a third party to aggregate this data for us.
 
3.8. Because web beacons are the same as any other content request included in the recipe for a web page, it is not possible for you to opt out or refuse them. However, as we use web beacons in conjunction with cookies they can be rendered ineffective by either opting out of cookies or by changing the cookie settings in your browser.
Further information
 
3.9. More information on cookies and web beacons can be found at http://www.allaboutcookies.org/.
 
3.10. By registration
3.10.1. We collect information about you that you provide when you register to use the community areas or other restricted areas of our site.
 
3.11. Through completion of online forms
3.11.1. We collect information about you if complete any of the various forms on our site to contact us, make enquiries, order products and services, apply to us and give us feedback.
3.11.2. We need you to give us certain information, which will be indicated on the form you are required to complete in order to place an order. It would help us if you give us any other information that you think will be relevant but you are under no obligation to do so.
 
3.12. Through traffic data and site statistics
3.12.1. We do keep a record of traffic data which is logged automatically by our server, such as your IP address, the URL you visited before ours, the URL you visit after leaving our site and which pages you visit.
3.12.2. We also collect some site statistics such as page hits and page views.
3.12.3. We are not readily able to identify any individual from traffic data or site statistics.
 
3.13. By you contacting us by other methods other than the website
3.13.1. The website provides various telephone and fax numbers and email addresses for you to contact us. We will collect information from you that you provide through any of these methods.
3.13.2. We may also collect other information you supply to us after your initial contact with us.
 
 
4. Security and storage of information
 
4.1. We will keep your information secure by taking appropriate technical and organisational measures against its unauthorised or unlawful processing and against its accidental loss, destruction or damage.
 
4.2. Please remember that normal Internet email is insecure. We do however, use secure connections in our shopping channel.
 
4.3. We will store your information at least for the duration of any customer relationship we have with you, or as otherwise required by law (normally up to a maximum of 7 years for legal and tax reasons).
 
 
 
5. What your information is used for
 
5.1. If you buy software or services from us, we will use your information to fulfill your order and to provide you with the software or service you have requested.
 
5.2. If you register to use one of the community areas or other restricted areas on our website, we will use your information to provide those membership services to you.
 
5.3. If you agree when you register with us or buy from us, we will also use your information for marketing purposes. If you do not want the information we hold on you to be used in this manner, you must first contact us either by writing to our Data Protection Compliance Officer, or by e-mailing us at support@acuitysolutions.co.uk and establish your preferences.
 
5.4. If you do not object, we will use the information we hold on you to contact you for feedback on your use of our software and/or services and/or website.
 
5.5. We may use aggregated data about users of our site, sales patterns and other statistical data to improve our site, but it will not be possible to identify individuals from that aggregated data.
 
 
6. With whom we may share your information
 
6.1. We will not share your information with any other organisation except in the following circumstances.
 
6.1.1. We will share your information with another organisation to which we transfer, or are in discussions to transfer, our rights and obligations under our agreement with you.
 
6.1.2. We may share your information with another organisation that buys our company or our assets, or with another organisation from which we acquire a company or business, and in the course of any preceding negotiations with that organisation, which may or may not lead to a sale.
 
6.1.3. We may share your information with our funders or potential funders, such as our bank and with our professional advisers who have a reasonable need to see it.
 
6.1.4. We may share your information with any group companies of ours so that they can provide any products and services to you that you request.
 
6.1.5. We may, on occasion share your information with carefully selected businesses so that they can send you details of other software-related products and services. Alternatively, we may on occasion use your information to send you details of the products and services of carefully selected businesses which are complementary to our own products and services. If you do not want the information we hold on you to be used in this manner, you must contact us either by writing to our Data Protection Compliance Officer, or by emailing us at support@acuitysolutions.co.uk.
 
6.1.6. We may provide anonymous aggregated data to reputable third parties on a commercial basis.
 
6.1.7. We will give third party providers who supply services to us, or who process information on our behalf, incidental access to your information but will always take steps to ensure their security measures are adequate to protect your information. Any credit or debit card details are passed to our payment provider and your card issuer.
 
6.1.8. We will disclose your information to enforcement authorities if asked to do so, or to a third party in the context of actual or threatened legal proceedings or if otherwise required to do so by law.
 
 
7. Your rights
 
7.1. You have a right to rectify any errors in information we hold about you, and to change or correct any details you have already given us. Please inform us about changes to your details so that we can keep our records accurate and up to date.
 
7.2. You also have a right to be removed from any mailing list we hold at any time, but you must first contact us either by writing to our Data Protection Compliance Officer, or e-mailing us at support@acuitysolutions.co.uk.
 
7.3. You have a right to see a copy of the information we hold about you on payment of a statutory fee, which is currently £10. Before we agree to this, you must provide with sufficient evidence of your identity and sufficient details of the information you wish to see to enable us to locate it.
 
 
8. Transfers outside Europe
 
8.1. We are obliged to satisfy ourselves before transferring your information to a country outside the EEA that it provides adequate protection for your data protection rights. The EEA comprises the EU countries and Norway, Iceland and Liechtenstein. Countries outside the EEA may not give the same level of protection to your information as those within the EEA.