Terms and Conditions of Supply
These terms and conditions (“T&C”) govern your use of the manageraccounting.net website (operated by Bilo Trading SARL, “manageraccounting.net” or “we”) and any services provided to you on this website, including software, content, updates, new releases and support (including support via phone at hotlines in our website) (with the use, collectively, the “Services”). It includes by reference (i) our Privacy Statement available on this website; (ii) Additional terms and conditions for the Services that you have selected; in particular if the Service you select is software, the purchase and use of such software shall also be governed by the relevant Software Licence Agreement; (iii) Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services.
1. What these Terms are about
These Terms apply to any purchases of Products or Services via our Website. By placing an Order (see how to do this below) or by clicking to accept these terms on our Website you agree to these Terms. If you do not agree to them you should not place any Orders through our Website.
The version of these Terms may change them from time to time without giving you notice, so you must read these Terms every time you place an Order through our Website. The Terms published on our Website at the time you place your Order will apply to your Order unless we notify you of a change to these Terms before we have accepted your Order or we are obliged to make a change to these Terms, for example, as a result of changes to the law.
2. What some words in these Terms mean
In these Terms we use certain words to add clarity. Where you see one of the words below in these Terms, it has the meaning set out below.
- “Acceptance” means an Electronic Communication from us accepting your Order and “accepted” will be interpreted in the same way;
- “Consumer” means a person acting for purposes which are outside his or her business;
- “Contract” means the binding legal contract between you and us for the licensing of Software and/or the sale of other Products and/or the supply of any Services, as set out in section 3 below;
- “Electronic Communication” means an electronic communication between you and us by fax or email;
- “Order” means your contractual offer to buy Products or Services from us by placing an order through our Website;
- “Terms” means these standard terms and conditions for our supply of Products and/or Services;
- “Services” means the services as set out in the ManagerAccounting Store from time to time;
- “ManagerAccounting Store” means the shop on our Website,”;
- “Specific Terms” means terms which apply specifically to the Products (such as those in a software licence) or Services, and which are separate from these Terms.
3. Buying Products/Services through our Website – ManagerAccounting Store
Our Website allows you to buy license key and Services. As you might expect, the License Key and Services on our Website are not intended for everyone and we rely on you to check you are eligible to buy the License key and Services and that the Products and Services meet your specific needs before you place any Orders. By placing an Order through our Website, you are representing that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- if you are an individual placing an Order on behalf of a business or an organisation, you are authorised to place the Order on their behalf.
How to buy Products (License Key) and Services
The steps you need to take to conclude a Contract with us are:
(A) Check variable information, such as prices
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. This information may also be available outside of our Website, for example, in printed documentation or supplied over the telephone by our sales staff.
Please 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 that we reserve the right to correct any errors in that information without any liability to you. You understand that sometimes errors can occur and so we will not be contractually bound to supply you with Products or Services on the basis of incorrect information, even if that information is repeated in your Order. Please see section 5 for more information about prices and how to pay.
(B) Make sure you read and understand our terms
Please note that ManagerAccounting Store is intended for businesses and Consumers. If you accept the documents referred to above on behalf of a corporate buyer and you are not authorised to do so, you may assume personal liability for the obligations set out in those documents.
(C) Complete your Order
Please select the Products and/or Services you wish to buy, supply your delivery address, tell us how you wish to pay and give us any other information we request to enable us to fulfill your Order. We can only act on the information you provide to us, so please ensure that all information you provide to us is correct.
You may pay for your Products and/or Services online by credit or debit card or ask us to send you an invoice or arrange to set up a direct debit (where applicable. The credit and debit cards we accept are set out on our Website. If you choose to pay by credit or debit card, we will charge it when you place your Order (see below) and we will check to see whether the transaction is authorised. Our payment card processor may contact you to confirm that your payment has been authorised; this is not an acceptance of your Order (see below). If you ask to pay by invoice, we will post you a paper invoice, which you must then settle within 30 days of the date of the invoice.
When you have completed your Order, you will be shown a copy of your Order on screen. You must check your Order carefully to identify any errors and correct them prior to placing your Order. Our Website allows you to cancel any draft Orders, and to edit any details of your Order. Once you have finished checking and (if necessary) correcting your Order, please print out a copy of the Order before you place it. This is for your own records and will help you if you need to contact us about your Order.
(D) Place your Order
You may place your Order by clicking on the “Order License” button.
We will acknowledge receipt of your Order on our Website and by email, as soon as reasonably possible after you have placed your Order. This is not our Acceptance of your Order, but a confirmation that we have received your Order. You now need to wait for our Acceptance of your Order (see below).
(E) Wait for our Acceptance of your Order
After you place your Order through our Website we’ll send you an email to confirm your Order. This email is an acknowledgement of receipt of your Order. We are only able to accept your Order at the time we dispatch it, when we will also confirm the details (including price) in our invoice/dispatch note. This is our Acceptance of your Order.
You may receive an acknowledgment from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to authorisation of your payment only and is not our Acceptance of your Order.
Our order process is conducted by our online payment Paddle.com. Paddle.com is the Merchant of Record for all our orders.
Please note that we are entitled to refuse to accept any Order. If that happens, we will let you know as soon as we can.
Once we have entered into a Contract with you as explained above, we will supply you with the Products and/or Services that you specified in your Order in accordance with the terms of the Contract.
4. Other things you need to know about the Contract
We can only conclude a Contract with you in English and not in any other language.
- Specific Terms;
- these Terms;
We will not file the concluded Contract between us online, so you should print out and keep copies of each element of the Contract for your own records. A copy of any Specific Terms will be made available to you with the relevant Product or Service.
5. The price of the Products and Services and how to pay
The price of the Products and Services will be as set out on our Website from time to time, except in the case of error. All prices are calculated in EURO (or any other currency we agree to accept) and will be confirmed to you in our Acceptance of your Order.
The prices on our Website are exclusive of VAT and delivery costs (where applicable). Any applicable delivery costs will be as set out on our Website from time to time. Your Order will show VAT and delivery costs (where applicable) both as a separate item and as included in the total price.
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 prices of the Products and Services and to change the range of Products and Services available. We will try to give you as much notice as we can of changes to the range and any increase in prices.
Our Website contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products or Services listed on our Website may be incorrectly priced. We will normally verify prices as part of our Acceptance procedure so that, where a Product or Service’s correct price is less than our stated price, we will charge the lower amount when accepting your Order and dispatching the Product to you (if applicable). If a Product or Service’s correct price is higher than the price stated on our Website, we will normally either contact you for instructions before sending the Product or supplying the Service to you, or reject your Order and notify you of our rejection. We are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you our Acceptance, if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a mispricing.
Please ensure all payments are made by the due date for payment. If you fail to make any payment by the due date then, in addition to any other right or remedy available to us, we will be entitled to:
- cancel the Contract or suspend the performance of any Services; and
- take any payment made by you against such of the Products and Services as we may think fit; and
- exercise our legal right to claim interest under any applicable law or statute.
6. Availability and delivery of Products and Services
We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so.
7. Intellectual property rights
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to: (1) download and use a copy of the ManagerAccounting software; and (2) use the ManagerAccounting Services, including, without limitation, the products and services made available on or through the ManagerAccounting software or our website. No other right or license of any kind is granted to you hereunder with respect to the ManagerAccounting Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The ManagerAccounting Services, including, but not limited to, the ManagerAccounting software, mobile application and all other items, are owned and copyrighted by ManagerAccounting, and are protected worldwide. We retain all right, title and interest in and to the ManagerAccounting Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the ManagerAccounting Services. All rights are reserved unless otherwise noted.
8. Refund policy
If you wish to claim a refund, you can do so within 30 days following your purchase of ManagerAccounting Service. We seek your full satisfaction with our services. However, we would like to troubleshoot an issue you experience first. ManagerAccounting cannot refund any purchases made from our resellers. In this case, refunds are handled according to the terms of service of the reseller from which the product was purchased.
You have a right to cancel your account at any time. You can cancel a recurring subscription from your website profile or PayPal account. Cancelled accounts will not be refunded for the unused part of the ongoing service period.
Our rights to cancel
We may cancel your Order and any Contract if you:
- order Products or Services that become unavailable. If this happens we will let you know the Products or Services are not available and we will try to help you find alternative products or services which meet your needs, but we are not obliged to provide substitute products or services; or
- do not pay us the price due for the Products or Services by the due date; or
- are either not able or not authorised to enter into a Contract with us (see section 3 above).
If we wish to cancel your Order and any Contract for Products or Services, we will contact you first to discuss this.
9. Handover of responsibility for and ownership of the Products and Services
Intellectual property rights are, in summary, the rights an owner has to say how certain things like music, films and software may be used. You acknowledge that we (or our licensors, as applicable) own the copyright and any other intellectual property rights in the Products and Services. You may only use the Products and Services in accordance with the Contract and you are not granted any other right or licence in relation to the intellectual property rights in the Products and Services.
If a third party successfully claims that our Products or Services breach that third party’s intellectual property rights, we will 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 the Services (or a proportionate part of the price), but we are not accountable to you in any other way. In particular, we will not be responsible for any defects or intellectual property rights claims arising from your customisation of the Products or Services or your other instructions.
10. Third party Products and Services
Please note that in some circumstances, we accept Orders for Products or Services as resellers of third party Products and Services. The contract to use those third party Products or Services will be between you and that third party seller, not between you and us, and will be subject to their terms and conditions. They will advise you of the applicable terms and conditions directly, usually when you install or first use their Products or Services. You should read those terms and conditions carefully to check you understand and can comply with them.
We may also provide links on our Website to the websites of other companies. We do not control those companies and so we cannot promise that third party Products and Services which you purchase through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and we do not give any promise about those companies or their Products and Services. We will notify you when a third party is involved in a transaction, and we may disclose your information related to that transaction to the third party seller.
11. What happens if things don’t go as planned?
If there are any Specific Terms for the Products or Services, those Specific Terms may set out what happens if things don’t go as planned and, if they do, the Specific Terms will take priority over these Terms. If not, this section 10 will apply.
We will always try to ensure that our Products and Services meet the standards we have promised and that you can use them in your business. However, because of the wide range of Products and Services we provide, sometimes things may go wrong. If we are at fault, we will always try to resolve any problems we have caused and we accept liability for the following where and to the extent that, such loss or damage is caused by our negligent act or omission, breach or default:
- death or personal injury
However, you understand that we cannot always envisage or avoid all problems and, apart from as set out above, we will not be liable under or in relation to the Contract or its subject matter for any other liability, loss or damage (whether arising due to negligence, breach of contract, misrepresentation, or for any other reason excluding fraudulent misrepresentation (in the unlikely event that this should happen)). This means, for example, that we are not liable for:
- any inaccuracies, errors or omissions in information on our Website;
- any loss or damage arising from the use of your credit or debit card on our Website;
- any delay in providing or failing to supply the Products or Services;
- 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, (in each case whether direct or indirect) or any indirect, consequential loss or damage.
Except as set out in any Specific Terms, we exclude all representations and warranties, express or implied, in relation to the Products and Services to the fullest extent permitted by law.
You and we agree that should any sentence or paragraph which limits liability contained in the Contract be held to be invalid under any applicable legislation or rule of law, it will be deemed deleted, but if as a result of it being deleted we become liable for loss or damage which would otherwise have been excluded or limited, our liability will be subject to the other applicable limitations and provisions set out in these Terms.
If you buy any Product or Service from a third party seller through our Website, the seller’s liability will be set out in the seller’s relevant terms and conditions.
12. Confidential information
13. Events outside our control
Sometimes things happen that are outside our reasonable control, for example, acts of God, adverse weather conditions, strikes and industrial action and failure of our suppliers. Because these things are outside our reasonable control, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by such events. Our performance under any Contract will be suspended for the period of time that the event occurs and we will have an extension of time for performance for the duration of that period of time. We will, of course, try to find a solution to help us to perform the Contract wherever possible.
These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, relating to the subject matter of any Contract. You and us acknowledge that, in entering into a Contract, neither you or us relies on any statement, representation, undertaking or promise of any person (“Representation”), except as expressly stated in these Terms. Both you and us agree that the only rights and remedies available to you and us arising out of or in connection with any Representation, will be for breach of contract as provided in these Terms, although this does not limit or exclude any liability for fraud.
Any notice which is given under these Terms or a Contract will be given either by Electronic Communication (which, if the notice is given by us, includes by posting notices on our Website), or if by you, by pre-paid recorded delivery, addressed to us and, if by us, by first class post addressed to you at the address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only and, if to us, addressed to our Legal Team.
Any Electronic Communication, including your Order, our acknowledgement of receipt of your Order and our Acceptance will be deemed to be received when the party to whom the Electronic Communication is addressed is able to access it.
If a court or other competent authority rules that any of these Terms or the provisions of a Contract are void or unenforceable in whole or part, the other Terms or provisions of the Contract and the remainder of the void or unenforceable Term or provision of the Contract will still be valid.
If we fail to exercise or delay in exercising a right or remedy provided by these Terms or by the Contract or by law that does not mean we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future.
Any Contract is binding on you and us and on our respective successors or assigns. You may not transfer a Contract, or any of your rights or obligations arising under it, to any other person without our prior written consent. We may transfer a Contract, or any of our rights or obligations arising under it, to any other person at any time during the term of the Contract.
We may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.
These Terms and any Contract will be governed by and construed in all respects in accordance with Moroccan law. We and you agree that the Moroccan courts will have exclusive jurisdiction to settle any claims or proceedings relating to these Terms and any Contract or its subject matter.
Thank you for using our Website to purchase Products or Services.
Last Modified: May 21, 2018