These Terms of Service (“Agreement”) govern your use of all services provided by SIVA CONSULTANCY LTD (Company No. 15839893), trading as Automate Accountants. Please read them carefully before using any part of our services. By accessing our website or using any service we provide, you agree to be bound by this Agreement.
1. Definitions
1.1 In this Agreement, the following expressions have the meanings set out below. Defined terms are capitalised wherever they appear.
“Agreement” means these Terms of Service, as amended from time to time in accordance with clause 15.1.
“Company”, “we”, “us” and “our” means SIVA CONSULTANCY LTD (Company No. 15839893), trading as Automate Accountants, a company registered in England and Wales.
“Consulting Services” means bespoke automation consulting, process design, and software development engagements delivered under a Proposal agreed between you and the Company.
“Deliverables” means any materials, software, reports, or other outputs produced by the Company in the course of Consulting Services.
“Proposal” means a written project proposal, statement of work, or order confirmation issued by the Company in respect of Consulting Services.
“Service Credentials” means any login credentials, API keys, access tokens, or other authentication data that you provide to us or store within the Services to enable access to third-party systems or platforms on your behalf.
“Services” means, collectively, the Website, Consulting Services, and Software Services.
“Software Services” means any subscription-based software products or tools provided by the Company under this Agreement, as described on the Website from time to time.
“Subscription” means a paid plan granting access to the Software Services for a Subscription Period.
“Subscription Period” means the monthly or annual billing cycle applicable to your Subscription.
“User Content” means any data, information, or materials you submit to or through the Services.
“Website” means the Company's website at automateaccountants.co.uk.
2. About These Terms
2.1 This Agreement governs your use of the Website, your engagement with the Company for Consulting Services, and your Subscription to and use of the Software Services.
2.2 By accessing the Website, instructing the Company to carry out Consulting Services, or registering for the Software Services, you agree to be bound by this Agreement in its entirety. If you do not agree, you must not use the Services.
2.3 Where a Proposal is issued for Consulting Services, the terms of that Proposal apply to that engagement in addition to this Agreement. In the event of any conflict between the two, the Proposal prevails in respect of that specific engagement only.
3. Our Services
3.1 Automate Accountants provides two categories of service:
- Consulting Services — bespoke automation consulting, process design, and software development for professional services firms, delivered against agreed Proposals; and
- Software Services — subscription-based access to web-based software products and tools (described further in clause 9).
3.2 The availability and scope of specific Services are described on the Website. We reserve the right to add, modify, or withdraw features at any time. Where material changes affect paid Subscriptions, we will give advance notice in accordance with clause 7.7.
3.3 All Services are subject to the general terms in clauses 4–6 and 10–16. Subscription-specific terms are set out in clause 7; Consulting Services in clause 8; and terms specific to the Software Services in clause 9.
4. Your Account
4.1 Access to the Software Services requires registration with accurate, current, and complete information. You agree to keep your account details up to date throughout the term of your Subscription.
4.2 You are solely responsible for maintaining the security and confidentiality of your account credentials and for all activity that occurs under your account, whether or not you authorised it.
4.3 You must notify us immediately at support@automateaccountants.co.uk if you become aware of any unauthorised access to your account or any security incident affecting your credentials.
4.4 You must be at least 18 years of age. If you are registering on behalf of a business, you confirm that you have authority to bind that business to this Agreement.
4.5 We reserve the right to suspend or close accounts that are inactive for extended periods, in breach of this Agreement, or associated with suspected fraudulent or abusive activity.
5. Your Responsibilities
5.1 You are responsible for ensuring that all your activities in connection with the Services comply with all applicable laws, regulations, and professional obligations, including any obligations arising from your status as a regulated professional or authorised intermediary.
5.2 You are responsible for the accuracy, completeness, and legality of all User Content you submit. We do not audit or verify User Content and accept no liability for errors, omissions, or inaccuracies in information you provide.
5.3 You are responsible for obtaining and maintaining all licences, registrations, consents, and authorisations necessary to use the Services for your intended purpose, including any professional indemnity insurance, regulatory registrations, or agent authorisations required to act on behalf of clients.
5.4 Where you use the Services on behalf of clients or other third parties, you are responsible for ensuring that those persons are aware of and have consented to such use, and that you hold any authorisations required to act on their behalf.
5.5 You are responsible for maintaining adequate and independent backups of all important data. We do not guarantee the preservation of User Content beyond the retention periods described in our Privacy Policy.
5.6 You acknowledge that any decisions made on the basis of output from the Services are made at your own risk. You must satisfy yourself that any output is correct and appropriate before acting on it.
5.7 You must keep your payment information current and ensure that payments can be collected on their due dates. You are responsible for any fees or charges that result from outdated or incorrect payment details.
5.8 You must comply with the terms and conditions of any third-party systems or platforms that the Services interact with on your behalf.
6. Acceptable Use
6.1 You must not use the Services to:
- breach any applicable law or regulation, or facilitate any unlawful act or omission;
- infringe the intellectual property, privacy, or other rights of any person or entity;
- upload, submit, or transmit any material that is unlawful, defamatory, or that contains viruses, malware, or other harmful code;
- impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity;
- gain or attempt to gain unauthorised access to any account, system, or data;
- interfere with or disrupt the integrity, performance, or security of the Services or any third-party systems the Services interact with;
- use automated means to scrape, crawl, or extract data from the Services without our prior written consent; or
- resell, sublicense, or otherwise commercialise access to the Services without our prior written consent.
6.2 We may monitor use of the Services to detect breaches of this clause. We reserve the right to investigate suspected breaches and to suspend access pending the outcome of any such investigation.
7. Subscriptions and Billing
7.1 Access to the Software Services requires a Subscription. Current plans, features, and pricing are set out on the Website's pricing page and may change in accordance with clause 7.7.
7.2 Subscriptions are billed in advance via Stripe and auto-renew at the end of each Subscription Period at the then-current price unless cancelled before the renewal date.
7.3 Cancellation stops future billing. Access continues until the end of the current Subscription Period; no partial refunds are issued for that period.
7.4 Where a free trial is offered, it will automatically convert to a paid Subscription at the end of the trial period unless cancelled before expiry.
7.5 If payment cannot be collected on a renewal date, we may suspend access to the Software Services until payment is received.
7.6 All fees are quoted exclusive of applicable taxes. You are responsible for any VAT, sales tax, or other taxes applicable to your Subscription in your jurisdiction.
7.7 We may revise Subscription pricing with at least 30 days' advance notice by email or in-app notification. Continued use of the Software Services after the notice period constitutes acceptance of the revised pricing.
8. Consulting Engagements
8.1 Consulting Services are delivered against a Proposal agreed in writing between the parties. Work will not commence until a Proposal has been accepted.
8.2 Any variation to agreed scope must be confirmed in a revised or supplementary Proposal. Work performed outside agreed scope may be charged at our then-prevailing rates.
8.3 You agree to provide the Company with reasonable access to information, personnel, and systems required to deliver the Consulting Services. We are not liable for delays or shortfalls caused by your failure to provide timely access or decisions.
8.4 Timescales set out in a Proposal are good-faith projections and are not contractual guarantees unless expressly stated as firm commitments.
8.5 Payment terms for Consulting Services are as set out in the applicable Proposal. Late payment may result in suspension of work pending clearance of outstanding amounts.
9. Tax Automation Tools
9.1 Tax Automation Tools is the Company's current Software Services product. It automates tasks on HMRC's Government Gateway (tax.service.gov.uk) by operating a session using login credentials you provide. All actions are taken under your own Government Gateway account.
9.2 Login credentials you store within the Software Services are held securely and in accordance with our Privacy Policy. You are responsible for notifying us promptly at support@automateaccountants.co.uk if you believe any stored credentials have been compromised.
9.3 You must hold valid authorisation for each Government Gateway account you connect. You must not connect any account for which you do not hold appropriate authorisation, and your use must comply with HMRC's agent authorisation requirements where applicable. Your use of the Government Gateway is also subject to HMRC's own terms and conditions.
9.4 You are solely responsible for all submissions, filings, and interactions made through your Government Gateway account. The Company accepts no responsibility for any decision, assessment, penalty, or outcome arising from such interactions.
9.5 The Software Services are provided as a productivity tool only. Nothing in the Software Services or on the Website constitutes tax, legal, or professional advice of any kind.
10. Intellectual Property
10.1 All intellectual property rights in the Services, the Website, and all associated software, content, and materials vest in the Company or its licensors and are protected by applicable law.
10.2 A Subscription grants you a limited, non-exclusive, non-transferable licence to access and use the Software Services for your own legitimate business purposes during the Subscription Period. No other rights are granted by implication or otherwise.
10.3 You retain ownership of your User Content. By submitting User Content, you grant the Company a limited licence to process it solely for the purpose of providing the Services.
10.4 Intellectual property in bespoke Deliverables is addressed in the applicable Proposal. Unless otherwise stated, the Company retains ownership of all underlying methodologies, frameworks, and reusable components developed in the course of Consulting Services.
11. Limitation of Liability
11.1 Nothing in this Agreement excludes or limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited under the laws of England and Wales.
11.2 Subject to clause 11.1, the Company shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- any indirect, consequential, incidental, punitive, or special loss;
- loss of profits, revenue, business, contracts, anticipated savings, data, or goodwill;
- any loss arising from outages, unavailability, interface changes, or other acts or omissions of any third party beyond our control;
- any loss arising from inaccuracies in User Content or from submissions or actions made through any third-party system on your behalf; or
- any loss arising from your failure to comply with your obligations under this Agreement or applicable law.
11.3 Subject to clauses 11.1 and 11.2, the Company's total aggregate liability to you in any twelve-month period shall not exceed the greater of: (a) the total fees paid by you in the twelve months immediately preceding the event giving rise to the claim; or (b) £100.
11.4 You acknowledge that the pricing of the Services reflects the allocation of risk in this clause and that the Company would not enter this Agreement on materially different terms.
12. Indemnification
12.1 You shall indemnify, defend, and hold harmless the Company and its officers, employees, and contractors from and against any claims, liabilities, damages, losses, penalties, and expenses (including reasonable legal costs) arising out of or in connection with:
- your use of the Services in breach of this Agreement or applicable law;
- your User Content, including any claim that it infringes the rights of a third party;
- any submission or action made through any third-party account or system you access via the Services, including any resulting claim by that third party or any affected person;
- your use of any account or system for which you do not hold proper authorisation; or
- any claim by a client or other third party arising from your use of the Services.
13. Disclaimer of Warranties
13.1 The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company excludes all warranties, representations, and conditions, whether express or implied, including any implied warranty of satisfactory quality, fitness for a particular purpose, or non-infringement.
13.2 We do not warrant that the Services will be uninterrupted, free from errors or security vulnerabilities, or that any particular task or process will succeed or produce a specific outcome. Results depend on the accuracy of User Content and on the availability and behaviour of third-party systems.
14. Termination
14.1 You may cancel your Subscription at any time via your account settings. Cancellation takes effect at the end of the current Subscription Period.
14.2 Either party may terminate this Agreement on written notice if the other party commits a material breach and fails to remedy it within 14 days of written notice requiring it to do so.
14.3 We may suspend or terminate your access immediately and without prior notice if: (a) we reasonably suspect misuse posing a risk to the Company, other users, or third-party systems; (b) you fail to pay amounts due; (c) you become insolvent or are subject to insolvency proceedings; or (d) we are required to do so by law.
14.4 On termination, your stored credentials and User Content will be deleted from our systems within 30 days, except for data that we are required to retain by applicable law or regulation.
14.5 Clauses 10 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), and 15 (General Provisions) survive termination of this Agreement.
15. General Provisions
15.1 Changes. We may update this Agreement at any time. We will provide at least 14 days' advance notice of material changes by email or in-app notification. Your continued use of the Services after the effective date constitutes acceptance of the updated Agreement.
15.2 Entire agreement. This Agreement, together with any applicable Proposal, constitutes the entire agreement between the parties regarding the Services and supersedes all prior representations, discussions, and agreements, whether written or oral.
15.3 Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed without affecting the validity or enforceability of the remaining provisions.
15.4 Waiver. No failure or delay by either party in exercising any right or remedy under this Agreement constitutes a waiver of that right or remedy. Waivers must be in writing to be effective.
15.5 Assignment. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all our assets.
15.6 Force majeure. Neither party shall be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including acts of God, war, terrorism, government action, natural disasters, epidemics, pandemics, internet or telecommunications infrastructure failures, or third-party service outages. The affected party shall notify the other promptly and use reasonable efforts to resume performance as soon as practicable.
15.7 Governing law. This Agreement is governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales for any dispute arising under or in connection with this Agreement.
16. Contact
16.1 Questions or notices relating to this Agreement should be directed to SIVA CONSULTANCY LTD:
Email: support@automateaccountants.co.uk
Telephone: +44 7777 711998
SIVA CONSULTANCY LTD, Company No. 15839893, trading as Automate Accountants.