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Terms of Service Overview

Getting started - an intro to our Terms

To help you get started with working with Aphex, we have summarised below some of the key points of our Terms. Before you sign-up to using our service it is your responsibility to review the Terms in full and ensure you understand them as they will form part of any contract if you sign-up to use our services on a paid or a free of charge basis. If you have any questions please let us know.

Our offer

  • We offer our services on a software as service basis. This means your business subscribes to use the service and our packages allow different number of users to access the service on behalf of your business. The service allows you to build and communicate construction plans, and to manage and understand the performance of those plans.

  • The specific features of your services package, the fees payable (where applicable), the start date and how many users can access the service on your behalf will be set out in an order form.

  • Where fees apply, we will bill you in advance for your annual subscription package. Monthly payment plans are also available. Customers typically agree to pay online by credit card or to pay our invoices with 30 day payment terms – your Order Form will confirm which applies to you.

Your use of the service

  • You are responsible for ensuring that your users understand and comply with the Terms when they access and use our services. As with all SaaS agreements, our terms detail how you and your users can user the services (e.g. in accordance with our instructions) and what you and they cannot do (e.g. copy or modify the software, introduce viruses, etc). See clause 4 in particular for further details.

Customer service and support

Your data

  • You are responsible for the data which you input into our Platform. We have the right to use this data to provide the services to you. See clause 10.2 for details.

  • You understand that we do not provide an archiving service and so you are responsible for backing up your data. See clause 9.6 for details.

Autorenewals and termination rights

  • The subscription period will be set out in the order form.

  • The subscription will autorenew at the end of each subscription period, unless either of us gives notice to terminate.

  • We can terminate the contract on 6 months’ notice. If we do this, we will issue a pro rata refund of any amounts paid in advance. Both you and us have rights to terminate for cause (e.g. breaches of contract, insolvency-type situations). See Clause 16 for further details about the term of the contract and termination rights.

Liability

  • Generally, we limit our liability to an amount equal to 12 months’ Fees. Clause 15 sets this out in greater detail and notes what exclusions and limitations apply.

Variations to the terms

  • We reserve the right to make changes to the Terms or to the services from time to time to reflect changes in the law or to the services. If we consider these changes are material, we will do our best to notify you in advance and you can terminate the agreement if you reasonably believe the changes have a material impact on the fees payable or the available functionality.

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