Terms of agreement
These Terms and Conditions apply to you when you use the Big Red Cloud accounting software and any content contained within the software and any other software we own or license and make available on bigredcloud.com/. By accessing and using this Website and the Service, you agree to these Terms and Conditions. Big Red Cloud Ltd reserves the right to change the Terms and Conditions, so please check back from time to time. For an explanation of Big Red Cloud’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Statement.
- Big Red Cloud: means Big Red Cloud Limited, which is company registered in Ireland, company registration number is IE484990, whose registered office are at Rathdown Hall, Upper Glenageary Road, Glenageary, Co. Dublin, Ireland with a registered UK branch, Big Red Cloud UK with company number FC031885.
- Application: means the Big Red Cloud Accounting Cloud Application including licensed software used to deploy the application.
- Subscriber: means the person who registers with the Big Red Cloud Accounting Application and where registration has been effected by an agent or professional adviser on behalf of one or more Users or entities any User or entity on whose behalf the Subscriber registered to use the Service.
- You, Your and User: means the Subscriber and Users registered by the Subscriber on the Application.
- Subscription Fee: means the monthly or annual fee (excluding taxes and duties) payable by the Subscriber in accordance with fee structure set out on the website.
- Data: means the data entered in the Application by the Subscriber and Users.
- Intellectual Property Rights: means any trade mark, patent, copyright, know-how and any other intellectual property rights anywhere in world whether registered or not.
- Applicable Law: means the laws of Ireland.
- Website: The Big Red Cloud web site at the domain www.bigredcloud.com/ and all other sites owned or operated by Big Red Cloud Limited.
- Service: means the operation of the Application hereunder.
Use of the Application
Big Red Cloud grants the Subscriber a licence to access and use the Application on non-exclusive, non-transferrable basis that is limited to and subject to this agreement.
The Subscriber is solely responsible for granting and managing User access to their information held in the application and undertakes to take all necessary steps to maintain the integrity and confidentiality of the usernames and passwords and will inform Big Red Cloud of any suspected breaches of user access usernames or passwords.
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent or condition posted on the Website.
You may use the Service and Website on behalf of others or in order to provide services to others. If You do so you must ensure that You are authorised to do so and that all persons for whom or to whom you provide these services accept all terms of this Agreement that apply to You.
Big Red Cloud reserves the right to increase the Subscription Fee by 5% on each renewal date of Your Service by providing You notice in writing not less than one month in advance.
Unless the User cancels the Service 30 days before the Subscription Fee becomes payable, You authorise us to charge the Subscription fee for the Service to Your chosen payment method (see “Cancellation of Subscription” below).
Payment of Subscriptions
Big Red Cloud offers monthly, annual and three year subscription models and the Subscriber authorises the Big Red Cloud to process the relevant payment from their Credit Card each month or each year starting on the date that you first subscribe to the application and Big Red Cloud will issue an invoice corresponding to this payment.
Big Red Cloud Limited does not store your credit card information. We use a secure third party secure Payment Gateway to store the information. Subscribers that choose to enter their credit card details for automatic payment are responsible for the security of their credit card information and accept the Big Red Cloud security procedures as acceptable.
Cooling off period
As access to the Application becomes active from the time we receive payment confirmation we cannot offer a cooling off period.
Disclosure of information
Big Red Cloud acknowledges the confidentiality of the information stored in its applications and we have taken every step possible to ensure its security. However, there are some circumstances we may have to disclose information relating to our subscribers.
- In connection with legal proceedings.
- To comply with legal, governmental and/or regulatory requirements.
- To assist in fraud prevention and/or law enforcement.
Links to other sites / use of third party services
We engage service providers that provide services on our behalf, including, but not limited to, purchase invoice importing and open banking integration services. We may share personal data with such service providers. These service providers may access and process personal data to perform their services. We authorize such service providers to use or disclose the personal data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of personal data they process on our behalf.
All content and functionality on the Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Big Red Cloud or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Website are the registered and unregistered Trademarks of Big Red Cloud and its licensors. You agree that you will not refer to or attribute any information to Big Red Cloud or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Big Red Cloud or its licensors.
Ownership of Data
The acceptance of these Terms and Condition or the usage of Application does not constitute the sale or transfer of ownership of any rights to the software or the intellectual property contained within.
The Data entered by You, and Your Users remains your property. You grant Big Red Cloud a license to copy, transmit, back-up and store Your Data for the purpose of enabling You to use, process and access the Data. You are responsible for compliance with any applicable requirements in accordance with the Data Protection Acts 1988-2018 and under the General Data Protection Regulation (GDPR) (EU) 2016/679.
Should you wish to discontinue using the Application, your Data will be made available to you to download in Tab or Comma delimited file.
Cancellation of subscription
The Subscriber and Big Red Cloud may cancel the Service at any time by providing 30 days’ notice in writing to the other party. We will not cancel the Service until we have received written notice to cancel and the request to cancel has been processed in the Application.
In the event of cancellation by either party, there will be no refund to the Subscriber of the remaining unused portion of a Subscription Fee and, where the Subscription Fee has been agreed to be payable on a monthly basis in respect of an annual or three year subscription model, the unpaid balance of a Subscription will remain payable in the event of cancellation. The agreement may be cancelled using any of the following methods and under the following circumstances:
- Breach of contract – If, in our reasonable judgement, You have breached this agreement, we will issue notice that the Agreement is being terminated and give seven days’ notice in writing and if the breach has not been rectified at the end of the notice period Big Red Cloud will terminate Your Subscription.
Big Red Cloud will continue to add new features and to improve the Application and may update the software without prior notice. All versions of the Application are subject to these Terms & Conditions.
Limitations of liability
The content and functionality on the Website is provided with the understanding that Big Red Cloud is not herein engaged in rendering professional advice and services to you. All content and functionality on the Website is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose and your use thereof is at your sole risk. Big Red Cloud and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content or generally with respect to the Service. Big Red Cloud shall have no liability or responsibility for any information published on linked web sites, contained in any content published on the Website, or provided by third parties. Neither Big Red Cloud nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
Backup of Your Data
Big Red Cloud shall use reasonable skill and care in providing the Service but Big Red Cloud does not guarantee or warrant that any Data you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
Big Red Cloud will store Your Data for a maximum of six years, and any storage required thereafter may be subject to an additional charge.
Notices of Infringement
Big Red Cloud prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please write to Big Red Cloud at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Big Red Cloud will remove any posted content that infringes the copyright or other intellectual property right of any person under Irish and United Kingdom law upon receipt of such a statement. Big Red Cloud’s contact for submission of notices under this Section is: Big Red Cloud Ltd, Rathdown Hall, Upr. Glenageary Road, Glenageary, Co. Dublin, Ireland.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including, but not limited to, acts of God, earthquake, embargo, labour disputes and strikes, riots, war, floods and governmental restrictions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Governing Law; Jurisdiction
These Terms are governed by the laws of the Republic of Ireland. Any dispute arising from these Terms shall be resolved exclusively in the Republic of Ireland the courts of which shall have jurisdiction in respect of such disputes.