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	Terms of Service and Privacy Policy Able Internet P11D Benefits Limited Terms of Service 1. Acceptance of Terms These Terms of Service ("Terms") apply to and govern your use of our Able Internet P11D Benefits Limited ("AIPBL") web site and its services (the "Website"). Please do read through and understand our Terms carefully. References to 'you', 'your' and 'yours' are references to the person(s) accessing the Website. References to 'we', 'us' and 'our' are references to AIPBL and Able Internet P11D Benefits Limited. By using our Website, you indicate your agreement to be bound by our Terms. If you do not agree with our Terms as set out below, please notify us in writing and do not use our Website. AIPBL may decide from time to time to waive any of the Terms of Service governing the Website. If we do so, we will not be deemed to have waived those Terms of Service on any other occasion. 2. Right to Change The Internet business is constantly evolving and changing and we are also adjusting our features from time to time, it is therefore necessary for us to amend our Terms and Privacy Policy to go with these changes. AIPBL reserves the right to change the content of the Website and the Terms of Service and Privacy Policy at anytime without prior notice. You undertake to check the Terms of Service and Privacy Policy each and every time you use our Website. If you do not agree with our amended Terms as set out below, please notify us in writing and do not use our Website. 3. Privacy Please refer to our separate Privacy Policy, which also applies to and governs your use of our AIPBL Website to understand our practices. 4. Providing pay processing only, not advice As a user, you acknowledge that AIPBL provides only pay calculation services over the Internet on an "as is" basis. You acknowledge that AIPBL does not provide any pay advice nor provide or endorse any kind of legal, financial or other advice. Any statement, correspondence or conversation between the staff of AIPBL and yourself, which could be construed as pay advice or legal advice, i.e. how to make a payment, must not be taken as pay advice. It must be taken as purely a personal opinion. You further undertake that you will not base any final decision, relating to the making of any payment to your employees or to the Inland Revenue, on any statement that you may have received from AIPBL or its staff. You will make your decision after consulting a qualified accountant or tax expert for advice on how you should pay your employees or the Inland Revenue. You shall not hold AIPBL liable for any direct, consequential, incidental damage or loss of any kind arising as a result of your use or reliance on the information or statement given by AIPBL. You understand that this P11D Benefits package has many pre-set items. You take full responsibility to check the pre-set items to see if the pre-set items are suitable for your use before you begin to use the package. 5. Security You must undertake to keep your security sign in ID, Password and Pattern Word and any other sign up and sign in details secret. You further undertake to change your password regularly. If you do not know how to change your password, you undertake to seek expert advice on how to do so. You must not tell anyone these details or write them down in a manner that would allow someone else to use them and access your data. Never include your Password or Pattern Word in an e-mail or letter. You understand that AIPBL will never ask you to enter your Password or Memorable Word on any other Website or letter or email. You will not tell anyone including AIPBL staff your Password or Pattern Word or any sign up and sign in details over the phone or by any other correspondence or email. Do not enter your Password and Pattern Word while someone else is watching. You must write to us immediately if you suspect that someone knows your sign-in details and/or has accessed your data. We reserve the right to suspend your service if we suspect any improper use of the Internet service. Never leave your computer whilst you are signed-in to the AIPBL service. Always sign-out from our Website whenever you are not using it. If using a public or shared computer, for example at an Internet cafe, you must undertake to sign-out and close down any browser windows when you have finished using our Website. You undertake to immediately update your address or your personal identifying details on the AIPBL Website whenever your details change. 6. Third Party sites The Website may contain material submitted and created by third parties. We do not make any recommendation or endorsement as to any service or product or to any material, including advertisement, submitted by third parties to our Website. AIPBL excludes all liability for any illegality arising from, or error, omission or inaccuracy in such material. The Website may also contain links to other sites not maintained by AIPBL. We are not responsible for the content of these third party sites. By accessing other websites through links provided by AIPBL, you agree to the following: - Independent providers have produced the material available on these sites. Any opinions or recommendations are solely those of the independent providers and are not the opinions or recommendations of AIPBL. AIPBL can not guarantee the timeliness, accuracy, adequacy, or completeness of any such information. The materials and information you may find on these third party sites are provided on an "as is" basis without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the AIPBL Website and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement. AIPBL will not be held liable for any damages or injury resulting from the use of linked sites. 7. Advertisements AIPBL reserves the right to place advertisements anywhere on the Website, and at any time. Your correspondence or dealings with, or participation in promotions of, advertisers and merchants found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: AIPBL shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and any orders placed by you are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant. 8. Governing Law English law shall govern the Website (including these Legal Notices) and the English courts shall have exclusive jurisdiction over any disputes arising from the Website's Terms of Service. 9. Payment Terms AIPBL reserves the right to change all prices and quotes without prior notice. All invoices are subject to VAT at the prevailing rate and are payable before the specified due date. All invoices from AIPBL will be sent out in an electronic format, e.g. by e-mail. As a user, you accept that these electronic invoices are AIPBL's official invoices and you will undertake to print out the invoice yourself should you require a hard copy. In the event of payment not being received before the specified payment due date, AIPBL reserves the right to immediately suspend your use of the Website and retain any stored data until payment is received in full. AIPBL reserves the right to charge interest on all accounts remaining unpaid after their due date. AIPBL may in its absolute discretion waive the charges but if we do so, we will not be deemed to have waived the charges on any other occasion. Should you decide to leave the service, you acknowledge that you are liable for payment of all invoices up until the date you leave. Payment should be made to AIPBL using PayPal, or any other online payment service, to be further defined from time to time. If you choose not to use this quick and easy payment method, and instead choose to pay us using another payment method such as cheque or bank transfer, AIPBL has the right to impose a levy to cover the extra administration costs. You acknowledge that if you forget your sign-in details, AIPBL reserves the right to impose a levy to cover the additional administrative costs involved in administrating your sign-in details. Your also acknowledge that it is illegal to create duplicate accounts for the same company or organisation, and you accept that AIPBL has the right to impose a penalty of £1000 (one thousand pounds) for each duplicated account created. 10. E-filing You acknowledge that the e-filing services in the package may include the e-filing of End Of Year documents P14 and P35, the In Year Documents P45 and P46, the auto downloading of any e-mail, the automatic update of tax code changes notified by IR Secured Mail, or other e-filing services which may appear in the Website. By entering your e-filing details and leaving them to remain on the system, you agree to authorise AIPBL to carry out the e-file service automatically whenever AIPBL is capable of carrying it out, at that time and whenever the services are available. You acknowledge that should you amend your e-filing details, namely the e-file User ID and/or Password you have with the Inland Revenue, you should then immediately amend your stored e-file User ID and/or Password on the AIPBL Website. You agree to remove the e-file details if you wish to withdraw from the automatic e-file process. You understand that you will have to check your SOAP account (Secure Mail) regularly in order to comply with the regulatory requirements. If you do not want this automatic engagement of e-services, you must delete your stored Inland Revenue sign-in details from AIPBL immediately after each e-filing. To delete your details select Employer Details from the Tasking Zone, then View/Edit E-filing Setup. You understand that your AIPBL e-filing documents are automatically compiled from the P11D Benefits data you have entered and that it is your responsibility to ensure that this data is entered truthfully and accurately. It is also your sole responsibility to ensure your documents comply with the latest regulations. AIPBL will not be liable for any error or consequences, inconvenience or losses you experience resulting from your own, or your employees, inaccurate data entry. When e-filing your documents to the Inland Revenue you agree that you are acting on your rights as a principal, which indicates that your company's documents have been authorised by you, and you are directly responsible for the completion and filing of these documents to the Inland Revenue. You undertake and agree to check through all the documents and records for your company and confirm that to the best of your knowledge and belief these records are fully and truly stated. You also confirm that you have obtained the consent of your company to act on the company's behalf to enter the password of your company. You agree this is to be treated as equivalent to the Company's Employer signature. You also agree that the password entry equivalent to signature confirmation on the e-filing pages act as an instruction to instruct AIPBL to activate its Internet e-Filing mechanism for you to submit your company's documents via the Internet to the Inland Revenue. 11. Employees You undertake to seek the express consent of all employees before entering their personal data on the AIPBL servers. You undertake not to enter any personal data onto the AIPBL server relating to any employee who has expressed an objection to having his/her data stored on the AIPBL server. AIPBL will not be liable for the consequences of the unauthorised entry of employee personal or pay data. The company HR administrator has the discretion and right to enable and disable an employee's access to his/her AIPBL Internet account. If access rights to AIPBL are granted, AIPBL takes no responsibility for any abuse of these access rights. Where access rights are granted the employee must agree to AIPBL's Terms of Service and Privacy Policy in order to use our service. If the employee does not accept AIPBL's Terms of Service and Privacy Policy he/she will not be able to access the service. 12. Exclusion of liability Whilst AIPBL has taken reasonable steps to ensure the accuracy, timeliness, availability correctness, fitness for purpose and completeness of the information contained on the Website, information is provided on an "as is", "as available" basis without any warranty of any kind, whether express or implied. AIPBL shall not be liable for any direct, consequential, incidental damage or loss of any kind arising as a result of your use or reliance on the information contained on the Website to the maximum extent permitted by law. The use of the Website is at your sole risk. This includes but is not confined to, without limitation, any loss of business, profits, loss of contracts, interruption to business, loss of or corruption to data. In all events, no liability will be held even if AIPBL had been advised of the possibility of damages. We do not represent or warrant that the Website will be available and will meet your requirements. We do not represent or warrant that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties. We do not represent or warrant that access to the Website will be free from delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for ensuring you have adequate protection and to undertake reasonable and appropriate precautions to scan for computer viruses or any other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website. 13. Termination AIPBL reserves the right to withdraw either the whole or part of the Website at any time, with or without notice or reason. AIPBL also reserves the right to terminate your individual use of the Website, or portion of the Website, at anytime, with or without notice or reason. You agree that should AIPBL exercise its right to terminate its service to you its decision is final and you have no right to appeal. You also agree that there will be no compensation of any kind for losses or inconvenience arising out of the termination of the AIPBL Website or its services. 14. Correspondence Internet communications, including e-mails, are not secure and therefore AIPBL does not accept legal responsibility for the contents of any messages. Any e-mail can be intercepted and read by others over the Internet and AIPBL users should consider this before sending payslips, or other information, via email. AIPBL cannot be held liable for any breach of security. Any information sent from the AIPBL server is sent at your own risk. Any views or opinions presented in our e-mails are solely those of the author and do not necessarily represent those of AIPBL. Replies to AIPBL e-mails may be monitored by AIPBL for operational or business reasons. Around 99% of computer virus are spread through e-mails with attached files. For this reason, you agree to undertake not to send to AIPBL any e-mail containing attached files or any e-mail containing linkages likely to trigger a virus. You also understand that any e-mail containing an attached file will be automatically rejected by AIPBL. E-mails can only be sent using the pre-defined format set by AIPBL. AIPBL does not accept responsibility for any damage whatsoever that is caused by viruses being passed. You understand that should you need to send any legal document or important letter to AIPBL, you must send it by Postal Recorded Delivery to Able Internet P11D Benefits Ltd, 33 Heathfield Gardens, London, NW11 9HY. 15. Licensing, Copyright and Trademarks You acknowledge that Able Internet P11D Benefits Ltd (AIPBL) is a completely different legal entity to Intersoftware Solutions Limited. Intersoftware Solutions Limited is the copyright owner of the P11D Benefits Software. AIPBL is the P11D Benefits service provider based on the P11D Benefits Software provided by Intersoftware Solutions Limited. The P11D Benefits Software, means the business flow, the business logic, the source code of the software, the calculation engine, the software Website servers hosting software, the auto administration system for collecting payments, the sign-up and sign-in to the software system, various screen pages design, the reports, the rollback system, the employee Internet accounts, the secure mail system, the e-filing system, and the reminders of users usage of the software, etc. The copyright for the P11D Benefits Software does not include the P11D Benefits software Home Page design, the colours, the logos, the icons, the marketing materials, the customer support system, all the links, the help files, or the security system operating in the software. Intersoftware Solutions Limited (the Licensor) does not deal with or enter into any contract with any other third party other than the Licensees. AIPBL is one of Intersoftware Solutions Limited's licensees. Having the P11D Benefits Software itself will not automatically mean you are capable of obtaining the Inland Revenue's accreditation because the accreditation requirement includes customer support, security commitment and various administrative support. In a similar manner, being capable of providing accredited support and security in itself is not adequate for accreditation. The ownership of the accreditation does not alter the fact of the ownership of the Software copyright. The copyright owner, Intersoftware Solutions Limited (the Licensor) does not give any guarantee of the fitness and suitability for purpose of the product to anyone whosoever. Able Internet P11D Benefits Ltd (AIPBL), the licensee, who is using the Software, together with other accreditation commitment administration support, to offer the P11D Benefits services, offers it on an "as is" basis without any warranty of any kind. Copyright 2004 Able Payroll Limited. All rights reserved. Reproduction, copying, usage, modifying, hiring, renting, public performance, transmission and/or broadcasting in whole or in part of the various P11D Benefits Software or web pages is prohibited without the written consent of Able P11D Benefits Ltd. No one may link any other web site to the Website, without the prior written permission from Intersoftware Solutions Limited. The names and logos of other companies and products mentioned on the Website may be the trade marks of third parties, including our business partners and are used by us with the permission of their respective owner(s). The ownership of the copyright may change and/or transfer at any time to a new owner, as the current owner (Intersoftware Solutions Limited)) so chooses, without any prior warning or reason given. There is no guarantee that the new owner of the copyright will maintain the same commitment and terms and conditions as stated. All trade names and trademarks are the property of their respective companies. 16. Other Should there ever be any compensation paid to any AIPBL user for any reason, the total amount of compensation paid will never be more than the total amount the user has paid to AIPBL. The issue of compensation cannot be subject to any arbitration or jurisdiction. It is solely at the discretion of AIPBL and the decision of AIPBL is final. The payment of one compensation for whatever reason, at the sole discretion of AIPBL, is paid on a one off basis, and this cannot be construed as a precedent for any other payment. Any failure by AIPBL to exercise or enforce any right(s) or provision(s) on any occasion(s) of the Terms shall not constitute a waiver of such right(s) or provision(s) on any other occasion(s). Able Internet P11D Benefits Limited Privacy Policy A. Introduction This document sets out how we handle your data. You should read it in conjunction with our Terms of Service, of which this Privacy Policy forms part. At Able Internet P11D Benefits Ltd ("AIPBL"), we are committed to protecting your privacy. We recognise that P11D Benefits data is of a highly sensitive nature and should be kept confidential at all times. Please read on for more details on our Privacy Policy. This will explain our obligations to you and your obligations to us in relation to security and privacy issues on the AIPBL Website. Please note that this Privacy Policy does not apply to the practices of companies that AIPBL does not own or control, or to people that AIPBL does not employ or manage. However, it does cover our treatment of any personally identifiable information that AIPBL business partners may share with us. B. Acceptance of our Privacy Policy This Privacy Policy applies to and governs your use of our Able Internet P11D Benefits Limited ("AIPBL") web site and its services (the "Website"). Please do read through and understand our Privacy Policy carefully. References to 'you', 'your' and 'yours' are references to the person(s) accessing the Site. References to 'we', 'us' and 'our' are references to AIPBL and Able Internet P11D Benefits Limited. By using our Website, you indicate your agreement to be bound by our Privacy Policy. If you do not agree our Privacy Policy as set out below, please notify us and do not use our Website. C. Collection and Use of your Data We undertake that any data we collect from you is collected and stored for the sole purpose of managing and calculating your P11D Benefits and related tax issues. To calculate P11D Benefits we need to gather personal data such as, but not restricted to, name, address, date of birth, National Insurance number, tax code and pay history. This information allows us to manage and calculate the P11D Benefits, compile reports and submit in year and end of tax year returns to the Inland Revenue when requested. We undertake to design our system in such a way to minimise the use of personal data. You acknowledge that AIPBL has the right to scan the user database when required for administrative, advice and invoicing purposes. D. Consent for Data Collection and Use You must undertake to seek the express consent of all employees before entering their personal data on the AIPBL servers. You will undertake to inform all those employees who consent to having their personal data stored on the AIPBL servers, exactly what data will be stored, and for what purposes it is stored. You undertake not to enter any personal data onto the AIPBL server relating to any employee who has expressed an objection to having his/her data stored on the AIPBL server. AIPBL will not be liable for the consequences of the unauthorised entry of employee personal or pay data. Employees, by using the AIPBL Website, you indicate your consent to the collection, storage and use of this data by AIPBL. Should you object to AIPBL holding and/or processing your data you undertake to immediately notify AIPBL in writing of your objection. E. Disclosure of your Data We undertake not to sell, trade or rent any personally identifiable information to others. We will send your personally identifiable information to others only if; - We have obtained your express consent to share the information. - We need to share your information to provide the service or product you have requested. - We need to send the information to others who work on behalf of AIPBL to provide a service or product to you. - We find that your actions violate the terms of our Terms of Service or any of our usage guidelines. - Our company is subject to a take-over or merger in which case the information will be disclosed to the new owners on the understanding that they will protect the information and only use the information in substantially the same way as previously. - We must respond to court orders and any other legitimate request by authorities with which we must comply. F. Reviewing your Data You can edit your stored data at any time by signing in to your account and making the necessary changes. You can also request the deletion of your account by contacting AIPBL in writing. We undertake to stop processing your data upon receiving notification in writing of the your objection. We also undertake to correct, change or delete any inaccurate details upon receiving your written request to us to do so. If information is altered, we undertake to notify the third parties to whom the original information was communicated. We undertake to regularly delete any data that is out of date or no longer required. G. Protecting your Data We undertake to adopt appropriate technical and organisational measures to protect personal data collected or stored on our Website. We are fully committed to taking all reasonable steps to protect the security and privacy of any information or data submitted to our Website. We use the latest appropriate Internet security protocol to create a protected connection between you and our servers so that your data can be confidentially sent and retrieved. Once submitted, data is stored on servers and we endeavour to use leading technologies such as, but not limited to, data encryption, firewalls and server authentication, to protect the security of your data. Proper security procedures also provide that we may request proof of identification before we will release any data to you. We undergo periodic reviews of our security policies and procedures to ensure that the AIPBL systems remain realistically secure and protected. Whilst we undertake to maintain the highest possible levels of security practicable to protect data it should be realised that with any data transfer and storage there is always some risk of unauthorised access. AIPBL cannot be held liable for any breach of security. Any information submitted to us is done so at your own risk. Whilst we have security measures in place to protect your data, it remains your responsibility to keep your sign in details secret and to sign off from AIPBL when you are not using it. H. Use of IP Addresses and Cookies IP addresses; for security purposes AIPBL automatically records the IP address of your computer each time you visit our Website. Cookies; Cookies are small text files that we can transfer to your computer through your Web browser to enable our systems to 'remember' who you are and to provide personalised features. AIPBL may set and access cookies on your computer. For example, a cookie would be used if you wish your computer to recall your sign in ID each time you visit our Website. You may at any time turn off cookies in your browser. AIPBL does allow other companies that have advertisements on our Website to set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies. Advertisers or other third parties do not have access to AIPBLs cookies. I. Links to third party sites Our site contains links to other web sites. AIPBL is not responsible for the privacy practices, or the content, of these web sites. We recommend that you examine the privacy policies of these third party web sites to understand their procedures for collecting, using, and disclosing your information. J. Changes to our Privacy Policy AIPBL reserves the right to change the content of this Privacy Policy at anytime without prior notice. If we decide to change our Privacy Policy, we undertake to post any changes on this page so you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Therefore, you should check the Privacy Policy each and every time you access the Website. K. Questions or Suggestions If you have questions or suggestions regarding our Privacy Policy please write to: - Able Internet P11D Benefits Ltd 33 Heathfield Gardens London NW11 9HY United Kingdom   I agree to the Terms of Service and Privacy Policy