Last updated: May 12, 2018
Thank you for using Albert! Transparency is important to us, which is why we try to be as clear as possible in the terms of our service.
- These Terms of Service govern your ("Customer") access to and use of Albert's website, products and services ("Service"). If you don't already know, Albert offers bookkeeping services that aim to make your finances accessible, simple and easy to understand!
- As part of its bookkeeping offering, Albert also intends to offer the regulated payment service of account information services (“AIS”). AIS will enable Customers to connect to their bank accounts while using the Service. This will allow Customers to obtain a more complete overview of their finances by integrating bank balances with bookkeeping data. Additionally, the Customer will be able to reconcile invoice and expense data with transaction data in order to understand or create reports on their accounts for themselves, their accountant or tax authorities. Customers will therefore be able to see their bank balances in the Albert application, and also integrate and share banking transaction details with bookkeeping details for tax reporting.
- Before Albert can offer AIS, it must register with the Financial Conduct Authority (“FCA”) under the Payment Services Regulation 2017. Albert is in the process of registering with the FCA and will offer AIS once the registration process has concluded. Any reference to Services in these Terms of Service includes AIS from the date on which Albert has completed the FCA registration process.
- Please read these Terms of Service carefully and contact us if you have any questions. By using the Service, you agree to and accept these Terms of Service (as amended from time to time). Every time you use the Service, please check this page to understand the Terms of Service that apply at that time.
Your relationship with us
By using and accessing the Service you agree to these Terms of Service. If you do not agree, please do not browse or otherwise access or use the Service.
Information about us
- Just so that you know, our company name is HQ Mobile Limited ("HQ Mobile") and we operate the Service. We are a company incorporated and registered in England and Wales under company number 09153885 and our registered office is at 104a Bethune Road, London, N16 5BA, United Kingdom.
Using the service
- You must be 18 years or older to use the Service.
- You are responsible for ensuring that any information that you provide to us is accurate and up to date.
- We may contact you to verify your identity and request any additional documentation that we may require for that purpose, as permitted by applicable laws.
- Our Service is free to use!
- We encourage you to use a four-digit pin code when you open an account. However, if you have any concerns about the login details of your account, or think any of them may have been misused, please immediately get in touch with us at email@example.com.
Your right to use the Service
- The materials and content on the Service belongs to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Service.
- Your right to use the Service is personal to you and you are not allowed to give this right to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
- Other than as allowed in these Terms of Service, please don't use our names, trade marks, logos, domain names and any of our other distinctive brand features.
- Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:
- not to copy any portion of our Service;
- not to give or sell or otherwise make available any portion of our Service to anybody else;
- not to change our Service in any way;
- not to look for or access the code of our Service that we have not expressly published publicly for general use.
- You agree that you have no rights in or to any portion of the Service other than the right to use the Service in accordance with these Terms of Service.
Rules of Acceptable Use
- In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").
- When using the Service you must not:
- circumvent, disable or otherwise interfere with any security related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service;
- give any false or misleading information or permit another person to use the Service under your name or on your behalf;
- impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to us or to HQ Mobile, if this is not the case;
- use the Service other than for its intended purpose as set out in the Terms of Service;
- use the Service if we have suspended your access to it, or have otherwise banned you from using it;
- modify, interfere, intercept, disrupt or hack the Service or collect any data from the Service other than in accordance with the Terms of Service;
- misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or the equipment of any user of the Service; or
- use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time.
- Failure to comply with the Rules of Acceptable Use constitutes a serious breach of the Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
- immediate, temporary or permanent withdrawal of your right to use the Service;
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- The responses described in clause 9.3 are not limited, and we may take any other action we reasonably deem appropriate.
- The Data Processing Addendum will apply to HQ Mobile's processing of Customer Personal Data (as defined in the Data Processing Addendum) which is accessible here.
Ending our relationship
- If at any time you do not feel that you can agree to the Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
- You may end your use of the Service at any time, for any reason. These Terms of Service shall continue in effect unless our relationship is ended in accordance with this section 11.
- We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or the Terms of Service.
- If you or we end your use of the Service or we withdraw the Service as described in this section, we may delete or modify any information we hold about you. You will also lose any rights you have to use the Service or access our content. We will not offer you compensation for any losses.
- The termination of your use of the Service shall not affect any of your obligations to pay any sums due to us
Availability and support
- We will use commercially reasonable endeavours to make the Service available with an uptime rate of 98%, except for:
- planned maintenance in respect of majority updates for which 24 hours' notice will be given; and
- unscheduled maintenance during normal business hours (UK time) or otherwise, for which HQ Mobile will use reasonable endeavours to give the Customer advance notice.
- We will use reasonable endeavours to provide a level of support (via e-mail) that is appropriate to the nature of any issues requiring support during normal business hours (UK time).
- We will use commercially reasonable endeavours to make the Service available with an uptime rate of 98%, except for:
- HQ Mobile undertakes to make the Service available as set out in clause 12.1, your sole and exclusive remedy, and HQ Mobile's sole liability, with respect to any failure by HQ Mobile to provide the Service in accordance with clause 12.1 is for HQ Mobile to use commercially reasonable efforts to repair the affected part of the Service so that it is available in accordance with clause 12.1. Otherwise, the Service is provided on an "AS IS" basis and HQ Mobile gives no representations, warranties, conditions or other terms of any kind in respect of the Service, whether express or implied, including (but not limited to) warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
- We are unable to warrant that the Service will be compatible with any Customer's mobile device.
- Except as expressly provided for in the Agreement:
- all representations, warranties, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement; and
- HQ Mobile will not be responsible for any interruptions, delays, failures, or non-availability affecting the Service or the performance of the Service which are caused by third party services, errors or bugs in third party software, hardware, or the Internet on which HQ Mobile relies to provide the Service, or any changes to the Service or any additional services made by or on behalf of the Customer, and the Customer acknowledges that HQ Mobile does not control such third party services and that such errors and bugs are inherent in the use of such software, hardware and the Internet.
HQ Mobile's liability
- Subject to clause 14.2, HQ Mobile will not be liable to the Customer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss arising under or in connection with the Agreement in conditions that fall into any of the following categories: loss (whether direct or indirect) of profit, goodwill, business, business opportunity, revenue, turnover or reputation; loss (whether direct or indirect) of anticipated saving or wasted expenditure; loss of or damage to data; or any special, indirect or consequential damage or loss, costs or expenses.
- Nothing in the Agreement excludes or limits HQ Mobile's liability for death or personal injury caused by HQ Mobile's negligence, or for fraud or fraudulent misrepresentation.
- HQ Mobile's total liability in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, arising under or in connection with the Agreement shall in all circumstances be limited to £100.
- In relation to AIS only, if HQ Mobile is alleged to have failed to provide information to the Customer in accordance with the Payment Services Regulations 2017, HQ Mobile acknowledges that it is for HQ Mobile to prove that it provided the information in accordance with those Regulations.
- Where the Customer has requested that HQ Mobile provide AIS services, the Customer agrees to take all reasonable steps to keep safe personalised security credentials (ie. personalised features provided by your account provider for the purposes of authentication) in accordance with the agreement that you have in place with your bank account provider. HQ Mobile will not be liable for any loss that you sustain as a result of any failure to take such steps.
Complaints and resolving disputes
- If you have a complaint or dispute with us relating to the Service, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving the dispute.
- If your complaint or dispute relates to AIS, we will try to resolve it within 15 business days of receiving the complaint and, in exceptional circumstances, within 35 business days (we will let you know if this is the case).
Changes to the Service
- We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
- In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("changes to the Service"). These changes to the Service may affect your past activities on the Service and features that you use ("Service elements"). Any changes to the Service could involve your Service elements being deleted or reset.
- You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.
- We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Service.
Changes to the documents
- We may revise these Terms of Service from time to time, but the most current version will always be at https://getalbert.com/.
- Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
- We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in the Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
- Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
- Written communications
Applicable laws may require that some of the information or communications that HQ Mobile sends to you should be in writing. When using the Service, you accept that communication with HQ Mobile will mainly be electronic. HQ Mobile will contact you by e-mail or provide you with information by posting on the Service. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that HQ Mobile provides to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to HQ Mobile, including any complaints, must be given to email@example.com. HQ Mobile may give notice to you at either the e-mail or postal address you provide to HQ Mobile, or any other way that HQ Mobile deems appropriate. Notice will be deemed received and properly served immediately when posted on the Service or 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- We may need to contact you urgently if we suspect or find fraudulent activity has occurred in relation to the AIS services provided by us or if we suffer a security threat. When we contact you, we will also give you information on how you can minimise any risks, depending on the nature of the security threat.
- Transfer of any rights and obligations
The Customer may not transfer, assign, charge or otherwise deal in the Agreement, or any of the Customer's rights or obligations arising under the Agreement, without HQ Mobile's prior written consent.
- Events outside a party's control
Neither party shall be liable to the other party for any delay or non-performance of any of its obligations under the Agreement arising from any cause beyond its control including, without limitation, any of the following: telecommunications failure, Internet failure, act of God, act of a third party unless an approved sub-contractor of HQ Mobile, governmental act, war, fire, flood, explosion, or civil commotion. Notwithstanding the foregoing, nothing in this clause shall excuse the Customer from any payment obligation under the Agreement.
- Third party rights
A person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
If any provision of the Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions of the Agreement shall not be prejudiced.
These Terms of Service shall be concluded in English and any communication by the Customer or HQ Mobile shall be in English.
- Entire agreement
This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
- Law and jurisdiction
This Agreement shall be governed by, and construed in accordance with, English law, and each party hereby submits to the exclusive jurisdiction of the courts of England.
- Written communications