Terms & Conditions
Last Updated: 2 May 2023
1.1 About these Terms of Service
These Terms of Service (“Terms”) are intended to explain the obligations of the service provider (“Mayday Holdings Limited”, “we”, “us”, “our”) and the obligations of a customer and the authorised uses of a customer (“you”, “your”). Please read them carefully.
Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms and Conditions.
We reserve the right to change these terms from time to time. Each version will take effect when first posted to our Website and we will make reasonable efforts to communicate these changes to you via email. It is your obligation to ensure that you read, understand, and agree to the most recent version of these Terms whenever they are available on the Website.
By using the Service you acknowledge and accept these Terms and represent that you have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
1.2 Other applicable terms
2. Registration and Account Integrity
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms and Conditions.
2.2 Your account
As part of the registration process you will need to connect your Xero account. You are responsible for ensuring that the information you provide is accurate, not misleading, and relates to you.
Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in the termination of the abused accounts and/or all accounts provided to the organisation.
You are responsible for maintaining the security of your Xero account and password. Mayday is not responsible for any loss or damage arising from your failure to comply with this security obligation.
If for any reason you suspect that your account details have been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their password or other details.
3.1 Services fee
Unless you’re in a free trial period, you’ll need to pay for a subscription based on the pricing of your selected plan. The pricing details and other terms of your subscription are explained when you select your plan.
3.2 Trial policy
When you first sign up for access to the Services you can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If you continue using the Services thereafter, you will be charged from the day you provide your billing details.
Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
These Terms and Conditions apply to all trial or offer period accounts.
3.3 Pricing disclaimer
We reserve the right to change pricing, plans, and the features offered at any time and without notice to you.
4. Payment and credit control
All services are billed monthly or annually, as appropriate, in advance.
If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.
4.3 Annual subscriptions
Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.
It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.
Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
5.1 Terms of Cancellation
You may request to cancel your account at any time by emailing us at email@example.com – this will remove your account page from our systems and our related software.
5.2 Cancellation and your data
All data associated with your account will be immediately deleted from the Service upon cancellation of a trial. This information cannot be recovered once your account is cancelled.
5.3 Cancellation and the billing period
If a paid subscription is cancelled the service will be available for the remaining days left in the billing period. Once this has elapsed the service will be cancelled and all data associated with your account will be immediately deleted. This information cannot be recovered once your account is cancelled.
5.4 Refund policy
No refunds will be provided for remaining unused days under a monthly or annual account or accounts.
6.1 Breach of these Terms
We may terminate your user account and all content and materials associated with it at any time where these Terms and Conditions have been breached. Such termination can be with or without notice. As a user, you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
Various clauses within these Terms and Conditions are designed to survive and continue after termination, including (but not limited to) clauses 10 and 13.3.
7. Access and Backups
7.1 Flawed services
We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical.
Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
7.2 Your obligations
You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service. We follow appropriate professional practice and procedures to reduce the risk of data loss but do not make any guarantees that there will be no loss of Data. Mayday expressly excludes liability for any loss of data no matter how caused
8. Technical support
8.1 Services offered
Technical support is provided via in-app chat, helpdesk portal and email and such other means as we decide in order to provide a proper service to users.
8.2 Services denied
We reserve the right not to provide a full technical support service to free or trial account users.
We reserve the right to access your account and data on a read-only basis in order to assist you in resolving any support issues
9. Email services
By agreeing to our Terms when you become a customer, and/or specifically subscribe to our email service, and/or provide an email address for reasons where there is a legitimate interest to justify the addition to our mailing list as per Article 6(1)(a) of the General Data Protection Regulation (GDPR), you are opting in to our email service which we use to email you periodically about product updates and news. You can unsubscribe from this service at any time.
10. Content Ownership
10.1 As a user you retain all ownership rights to content provided by you.
10.2 You warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
11. Copyrighted Material
11.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
11.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
11.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
12. Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
13. Limitation of Liability
We shall not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations), or otherwise for any loss of business, contracts, profits, damage to goodwill, or anticipated savings, or for any indirect or consequential loss whatsoever.
Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents, or employees
You agree to indemnify and hold us and our subsidiaries, affiliates, and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms and Conditions whilst using the Service or any other service provided by us.
We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.
We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us
The paragraphs, sub-paragraphs, and clauses of these Terms and Conditions shall be read and construed independently of each other. Should any part of these Terms and Conditions or paragraphs, sub-paragraphs, or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs, and clauses.
Failure by us to enforce any accrued rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
14.4 Entire Terms & Conditions
These Terms and Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms and Conditions at any time, on giving reasonable prior notice to you.
These Terms and Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms and Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply where you use the Service strictly as a consumer only.
These Terms and Conditions shall be interpreted, construed, and enforced under English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.