Legal

Terms and conditions

These Terms cover the use of the HOXROCKS Business Solutions Platform and related services provided with it.

1. Who we are

HOXROCKS Business Solutions is a trading name of Country Care (Southern) Ltd, a company registered in England and Wales (Company Registration No. 3328480), whose registered office is at 113 Clifton Road, Wokingham, Berkshire RG41 1NH. In these terms, “we”, “us” or “our” mean Country Care (Southern) Ltd trading as HOXROCKS Business Solutions. “The Customer”, “you” or “your” refers to the business subscribing to the service.

You can contact us at support@hoxrocks.com.

2. Definitions and interpretation

2.1 In these Terms, unless the context otherwise requires, the following words shall have the following meanings:

2.2 Headings are for convenience only and shall not affect interpretation.

3. These terms

These terms apply to your subscription to the HOXROCKS platform and to any forms, documents or configuration work we carry out for you. By subscribing, you accept these terms on behalf of your business. If you are agreeing on behalf of a company, you confirm you have authority to do so.

4. The service

HOXROCKS Business Solutions is a mobile and desktop platform for digital forms, job management and document acknowledgement. What is included depends on the package you subscribe to, as set out on our packages page.

We may improve, change or add features over time.

We will not materially reduce the core features of your package during a paid month without telling you first.

5. Contract formation and priority

5.1 The Contract shall come into effect on the Commencement Date, being the earliest of:

5.2 In the event of any conflict or inconsistency, the following order of precedence shall apply:

6. Supplier responsibilities

6.1 HOXROCKS Business Solutions shall provide the Services with reasonable care and skill.

6.2 HOXROCKS Business Solutions shall provide access to data and reports via its online portal and issue secure login credentials to enable access to the Services.

7. Customer obligations

7.1 The Customer shall comply with all operating, and usage instructions provided by HOXROCKS Business Solutions.

7.2 The Customer shall ensure that login credentials remain confidential and secure.

7.3 The Customer is solely responsible for maintaining its own backups and records of any data, reports, exports or information obtained through the Services. HOXROCKS Business Solutions shall not be responsible for the retention, preservation or recovery of Customer data.

7.4 The Customer will adhere to acceptable use and conduct. The Customer shall not reverse engineer, hack, scrape the software or upload any unlawful material. A breach of this conduct shall result in termination of use.

8. Accounts and users

You are charged per user per month.

8.1 A user is a person with a login to the platform. You are responsible for keeping login details secure, for the activity of your users, and for telling us promptly when someone should be removed.

8.2 You may add or remove users at any time. This will affect monthly costs of which you will be informed prior to action.

8.3 Two users are required as minimum; one admin user, and one reporting device on site.

9. Charges and payment

9.1 Subscription charges are the per user per month prices shown on our packages page, plus VAT.

9.2 Payment is collected by automatic monthly Direct Debit.

9.3 Form writing charges apply to any forms beyond the standard forms included in every package (no image uploads), and to any forms built around your business. We will quote form writing before any work begins and it is chargeable once the work is carried out, whether or not you continue your subscription afterwards.

9.4 Invoices are due upon receipt.

9.5 HOXROCKS Business Solutions may change prices. If this is the case, the Customer will be given at least thirty days notice in writing before the change applies to your subscription.

9.6 Interest on overdue amounts may be charged at 4% per annum above the Bank of England base rate, accruing daily until payment is made in full.

9.7 The Customer shall reimburse HOXROCKS Business Solutions for all reasonable costs incurred in recovering overdue amounts, including debt collection fees, legal costs, court fees, enforcement costs and solicitor costs on a full indemnity basis.

9.8 HOXROCKS Business Solutions may suspend access to the Services immediately where any invoice remains unpaid after its due date. Suspension shall not relieve the Customer of its obligation to pay Charges and Charges shall continue to accrue during any period of suspension.

9.9 HOXROCKS Business Solutions shall not be liable for any loss, damage, business interruption or other consequences arising from suspension of the Services due to Customer non-payment.

10. Intellectual property and data use

10.1 All intellectual property rights in the Services remain the property of HOXROCKS Business Solutions or that of our technology partners.

10.2 The Customer has the right to use the platform, not to own or copy any part of it. The Customer’s content, logo and documents remain property of the Customer, and you give us permission to use them only as needed to provide the service.

10.3 HOXROCKS Business Solutions may use anonymised and aggregated data for analysis and service improvement.

10.4 The records created by the Customer in the platform, including completed forms, photographs, signatures and uploaded documents belong to the Customer. We store and process the records to provide the service.

10.5 The Customer may request an export of their data at any time while your subscription is active. Following cancellation, we will keep your data available for 90 days for retrieval, after which it may be deleted.

10.6 It is the Customer’s responsibility to ensure records are retained if they have regulatory record keeping duties.

11. Confidentiality and data protection

11.1 Each party shall keep confidential all confidential information for three years following termination.

11.2 Personal data shall be processed in accordance with UK data protection law. Our privacy policy sets out how we handle personal data in more detail.

11.3 HOXROCKS Business Solutions acts as a data processor unless otherwise agreed.

12. Term, renewal and termination

12.1 The Contract shall commence on the Commencement Date and continue on a rolling basis.

12.2 Contracts shall automatically renew unless terminated in accordance with these Terms.

12.3 Cancellation takes effect at the end of the month you have paid for. Part months will not be refunded.

12.4 Form writing charges already incurred remain payable on cancellation.

12.5 HOXROCKS Business Solutions may suspend or terminate the Services immediately for non-payment or any other breach of these Terms. Suspension shall not suspend billing and the Customer shall remain liable for all Charges during any period of suspension. Suspension or termination pursuant to this Clause shall not give rise to any claim for compensation, loss of business, loss of profits or other damages. Where reasonably possible the Customer will be contacted first.

13. Availability and support

13.1 HOXROCKS Business Solutions aims to keep the platform available at all times, but cannot guarantee uninterrupted access. Access may be affected by maintenance, updates or matters outside our control, including your own internet or mobile coverage. We will give notice of planned maintenance where we reasonably can.

13.2 Support is provided by email at support@hoxrocks.com. We aim to respond within one working day.

14. Limitation of liability

14.1 Nothing in these Terms shall exclude or limit either party’s liability for:

14.2 Subject to Clause 14.1, HOXROCKS Business Solutions shall not be liable for any:

14.3 HOXROCKS Business Solutions shall not be liable for any loss arising from:

14.4 HOXROCKS Business Solutions does not guarantee:

14.5 Subject to Clause 14.1, the total aggregate liability of HOXROCKS Business Solutions arising out of or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of:

14.6 All warranties, conditions and representations implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.

14.7 The Services are provided on an “as available” and “as provided” basis. HOXROCKS Business Solutions does not warrant that the Services will be uninterrupted, error-free, continuously available or suitable for any particular purpose.

14.8 No claim may be brought against HOXROCKS Business Solutions more than six months after the Customer became aware, or ought reasonably to have become aware, of the circumstances giving rise to the claim.

14.9 The Customer shall notify HOXROCKS Business Solutions in writing of any claim within thirty days of becoming aware of the circumstances giving rise to the claim.

15. Governing law and jurisdiction

These Terms shall be governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

16. Price changes

16.1 HOXROCKS Business Solutions reserves the right to review and amend its Charges, Subscription Fees, Form Creation Fees, and any other recurring or one-off charges at any time.

16.2 HOXROCKS Business Solutions may review and increase Charges annually on or after each anniversary of the Commencement Date.

16.3 HOXROCKS Business Solutions may also increase Charges at any time where:

16.4 Unless otherwise agreed in writing, continued use of the Services following the effective date of a revised Charges Schedule shall constitute acceptance of the revised Charges.

16.5 Any revised Charges Schedule published by HOXROCKS Business Solutions or otherwise notified to the Customer shall replace all previous pricing arrangements from the effective date specified.

16.6 Where the Customer is subject to a minimum contractual term, HOXROCKS Business Solutions may increase Charges during that term where supplier, network, licensing or regulatory costs materially increase and such increase is reasonably necessary to maintain provision of the Services.

17. Force majeure

17.1 HOXROCKS Business Solutions shall not be liable for any delay, interruption or failure to perform its obligations where such delay, interruption or failure results from circumstances beyond its reasonable control.

17.2 Such circumstances include, without limitation:

17.3 During any Force Majeure Event, HOXROCKS Business Solutions’ obligations shall be suspended for the duration of the event.

18. Changes to these terms

HOXROCKS Business Solutions may update these terms from time to time. If material changes are made, the Customer will be informed by email before they take effect. Continuing to use the platform means you accept the updated terms.