Terms of Use

Introduction

Ledgerscope offers a data conversion service (“the Service/Movemybooks”). “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  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.

Definitions

In this Agreement:-

“Agreement” means these terms and conditions together with the Customer’s Order as confirmed in the Ledgerscope Order Confirmation.
“Customer” means a person, company, firm, corporation or public authority who uses the Service. 
“Corrupt Data Test” means the process of assessing the quality of the Data to determine if it is fit for purpose and can allow Ledgerscope to deliver the Service as stated on the Website.
“Data” means the financial content or information provided by the Customer for the purpose of conversion.
“Destination Platform” means a 3rd Party accounting system for hosting the Final Version.  
“Final Version” means the converted Data delivered to the Customer via the Destination Platform. 
“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.
“Order” means the Customer’s instruction to Ledgerscope to proceed with the Service.
“Order Confirmation” means the email acceptance sent by Ledgerscope following receipt of the Customer’s Order.
“Order Review Phase” means the point when the Data has been submitted to Ledgerscope and the Customer requires assistance with the format or inclusion of certain dates and times before the conversion process commences.  
“Secure Trading” means the third party provider of the online method of payment for the Services.
“Sign Off” means the Customers instruction to Ledgerscope in writing or email to proceed with agreed stages of the Service as set out in the Order Confirmation, including approval during the Order Review Phase.
“the Website” means the Ledgerscope website operating under the domain name of ledgerscope.co.uk and ledgerscope.com.

Proprietary Information 

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 order has been accepted by Ledgerscope (whether or not payment has been taken).  If we do not accept an order 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 Order Confirmation and ends on delivery of the Final Version.

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 The Final Version is owned by the Customer after all monies outstanding from the Customer are received by Ledgerscope.

1.9 The Final Version will be deleted 30 days from first being made available to the Customer for review if not accepted by the Customer by then. Once deleted the Final Version cannot be re-instated.

2. Customer Obligations

2.1 Orders must be submitted electronically via the Website.  In doing so, the Customer will be required to complete certain required fields on a form and upload the Data.

2.2 When placing an Order 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.

2.3 The Customer is responsible for subscribing to the relevant Destination Platform, as required, to enable Ledgerscope to deliver the Service.

2.4 In the event that the Data does not pass the Corrupt Data Test, 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 terminate the Service.

2.5 The Customer shall pay the charges for the Service in accordance with clause 3 below.

2.6 The Customer will be responsible for obtaining and holding all permissions, licenses, permits and other similar instruments applicable to Data it supplies to Ledgerscope.

2.7 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.

2.8 The Customer is required to provide Sign Off during various stages of the Service to allow Ledgerscope to deliver the Service as outlined in the Order Confirmation.

2.9 Ledgerscope will have no liability in respect of any delays, deficiencies or interruptions in the supply of the Service caused by a failure by the Customer to comply with any provision of this Clause 2.

2.10 Due to the nature of the Service no refund is offered by Ledgerscope in respect of early cancellation subject to 2.11 below.

2.11 If at the Order Review Phase Ledgerscope determines that the Service cannot be provided we will refund any payments taken as soon as possible.

2.12 The Customer is responsible for reviewing for accuracy the results of the Service, in particular checking the account balances, transaction values, contact details 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 Service will not commence until payment has been received.

3.5 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.

3.6 Should the Customer require a change in the nature, scope or timing of the Service or in or any other aspect of this Agreement, such change shall be requested in writing.  Ledgerscope shall advise the Customer of the effects including any increase in the Service charges which may result and the Agreement shall be modified to reflect such changes including to the Service charge and/or duration which may be agreed.

3.7 Any third party cost incurred by Ledgerscope will be charged to the Customer.  All costs will be communicated to the Customer before the Service begins; which means the Service will need to be re-quoted.

3.8 Further expenses or third party costs incurred by Ledgerscope in addition to the initial online payment will be paid by the Customer within 7 days of the Order date and all outstanding payments paid to us before the Final Version is made available to the Customer.

4. Termination

4.1 Ledgerscope shall be entitled to suspend provision of the Service in accordance with clause 2.4 and 2.11.

4.2 Without prejudice to any other rights to which it may be entitled, Ledgerscope may terminate provision of the Service 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 their 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 exact replica of the Data when converted; the Service produces a representation of the Data in the Destination Platform and the Customer accepts that, because workarounds and re-classifications may be needed, the Data may look different in the Destination Platform.

6.6 Ledgerscope is not responsible for the Final Version after it has been accepted by the Customer via the Destination Platform.  All risk passes to the Customer after the Final version is accepted.

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:

Ledgerscope Ltd 
Registered in England No. 7224872

North Barn,  
Broughton Hall,  
Skipton, 
BD23 3AE.

9. Privacy

See our Privacy Policy.

10.  Assignment

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. General

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.