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Terms and conditions v4.5

Version 4.5 - effective from 10 January 2018 until 31 August 2022 inclusive.

← All previous versions

1. definitions

Account means the right of a single employee at your Subscribing Organisation to access the Beauhurst Platform with a username and password;

Additional Features means any features that are included on the Beauhurst Platform, at your request, as part of your Subscription;

Beauhurst means Business Funding Research Limited, trading as Beauhurst;

Beauhurst Data means any information acquired through use of the Beauhurst Platform, including, but not limited to, data which is exported, downloaded, read, or screenshotted;

Beauhurst Platform means the paid web-based platform constructed, managed and maintained by Beauhurst;

Business Day means a day when banks are open for business in the City of London;

Claim has the meaning given such term in paragraph 14.4;

Event Outside Our Control has the meaning given such term in paragraph 17.2;

Data Policy means the separate data policy which explains Your right to use Beauhurst Data, which with these Terms forms part of Your Subscription Order;

Data Usage Tier means the level of data usage rights that you access to as part of your Subscription, as detailed in the Data Policy;

Expiry Date has the meaning given such term in paragraph 8.2;

Export Allowance is the total number of Export Credits (specified in the Subscription Order) which may be used collectively over the course of a single calendar month by all the Users in your Subscription;

Export Credit means a credit used in the downloading of data from the Beauhurst platform. The number of Export Credits required to download each item of data may vary from time to time;

Fee(s) means our charges for your Subscription, pursuant to your Subscription Summary;

Fixed Term Subscription has the meaning given such term in paragraph 8.1;

Payment Method means the way that you will pay your Fees and is outlined in the Subscription Summary. Terms pertaining to the Payment Method can be found in paragraphs 7.4, 7.5, and 8.3

Period has the meaning given such term in paragraph 7.1;

Publish means to make Beauhurst Data available for repeated view to individuals who are not a User on your Subscription and are from more than one organisation. For the sake of clarity, this can be in the form of, but is not limited to, an email, a presentation, a printed document, or an internet message including but not limited to posting on a blog, social media posts or similar;

Renewal Date has the meaning given such term in paragraph 7.2;

Rolling Subscription has the meaning given such term in paragraph 7.1;

Start Date means the date that your Subscription commences, as outlined on your Subscription Summary. This is when you first receive access to the Beauhurst Platform;

Subscribing Organisation means the business signing up for a Subscription, as detailed in the Subscription Summary;

Subscription means the right of your Users to use the Beauhurst Platform, as dictated by the conditions in your Subscription Order;

Subscription Order means the combination of the Subscription Summary, these Terms, and the Data Policy, which grants you a Subscription;

Subscription Summary is part of the Subscription Order and comprises the name of the Subscribing Organisation, the Subscription Type, the Fee, the Period, the Export Allowance, the number of Accounts, and any other conditions upon which we grant a Subscription to you;

Subscription Type means the kind of Subscription that you are signing up to – either Rolling Subscription or Fixed Term Subscription – and is detailed in the Subscription Summary;

Special Conditions mean any additional conditions included in the Subscription Summary;

Terms means these legal terms and conditions;

User means any individual at your Subscribing Organisation who holds or formerly held an Account;

we or us has the meaning given in paragraph 2.1, and our shall be construed accordingly;

Web Site means beauhurst.com;

you or your means the Subscribing Organisation.

2. information about us

2.1 We operate the website www.beauhurst.com and associated domains. We are Business Funding Research, a company registered in England and Wales under company number 07312969 and with our registered office at 45a Station Road, Willington, Bedford, Beds, MK44 3QL.

2.2 Contacting Us. You or your Users may contact us by telephoning our account management team at 020 7062 0060 or by emailing us at am@beauhurst.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see paragraph 18.2.

3. our terms are binding

3.1 These Terms, Data Policy, and any document expressly referred to in them constitute the entire agreement between you and us in relation to your Subscription Order, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

3.2 You acknowledge that in entering into a Subscription Order you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

3.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Subscription Order.

3.4 Your Subscription Order may contain Special Conditions which will also be governed by these Terms and any other documents provided in relation to such Special Conditions.

4. our rights to vary these terms

4.1 We may vary these Terms as they apply to your Subscription from time to time.

4.2 If we vary the Terms, the updated Terms will supersede any and all other terms previously provided. Unless you give us written notice (in accordance with paragraph 18.2) that you will not accept these varied Terms (in which case your Subscription shall cease from the date the updated Terms were to take effect), these varied Terms will take effect at your next Renewal Date (in the case of those on a Rolling Subscription) or at your Expiry Date (in the case of those on a Fixed Term Subscription at such time as you sign a new Subscription Order).

4.3 Beauhurst will inform you when the Terms have been varied.

4.4 Subject at all times to our right to vary as described above, the Fee, Period, number of Accounts, Features, Export Allowance, Data Usage Rights, Special Conditions, or Terms of your Subscription may be varied at any time by mutual consent in writing.

5. payment terms

5.1 The Fee for your Subscription will be as quoted on the Subscription Summary.

5.2 The Fee for a Subscription is exclusive of VAT. VAT will be chargeable at the current rate applicable in the UK for the time being. However, if the rate of VAT changes in the course of your Subscription, we will adjust the rate of VAT you pay in time for your next payment, unless you have already paid for your Subscription in full before the change in VAT takes effect.

5.3 We reserve the right to change Fees from time to time; for example, as a result of (i) our annual Fee review and/or (ii) to reflect the cost of additional data or features on the Beauhurst Platform. You will be given an appropriate notice period and retain the right to terminate in accordance with paragraph 7.6.

6. late payments

6.1 Any payments that are overdue will be liable to a daily charge of 8% interest per annum above the then-prevailing Bank of England base rate.

6.2 We reserve the right to suspend any Subscription until payments are up to date. Please note that this does not remove any contractual obligations and you remain liable for any overdue and ongoing payments.

7. subscription types – rolling subscription

7.1 A “Rolling Subscription” is a Subscription that automatically renews after a certain period of time (“Period”), as outlined in your Subscription Summary.

7.2 The date on which a Rolling Subscription renews is the “Renewal Date”. Each subsequent Renewal Date can be found by taking the previous Renewal Date and adding the Period. For example, a Rolling Subscription where the Period was set as “one month” and the Start Date was 2nd August would automatically renew on the 2nd of each calendar month.

7.3 Unless otherwise specified, your Subscription will automatically renew on the Renewal Date until terminated in accordance with paragraph 7.6.

7.4 The Payment Method for a Rolling Subscription can be Direct Debit or by invoice. If you choose to pay by Direct Debit,

  1. The Direct Debit mandate must be signed and returned within one month of your Start Date. Failure to return the form will result in suspension of your Subscription. You will still be liable for the full ongoing cost of the Subscription plus any overdue fees per paragraph 6.1;
  2. We will notify you which day of each month payment will be taken on; and
  3. Your receipt for that payment will be sent out by email within approximately 3 working days.

7.5 If you choose to pay by invoice,

  1. You will be invoiced at the start of each Period; and
  2. Payment will be due within 7 days of the invoice date.

7.6 If you would like to terminate a Rolling Subscription, you must let us know in writing at least 5 Business Days before your next Renewal Date. Failure to do so will result in your Rolling Subscription being renewed for the coming Period, for which you will be billed accordingly.

8. subscription types – fixed term subscription

8.1 A “Fixed Term Subscription” means a Subscription that will not automatically renew.

8.2 If you sign up for a Fixed Term Subscription, your Subscription will run from the Start Date for the duration of the Period, at which point it will expire (the “Expiry Date”). After this date you will no longer be able to use the Beauhurst Platform unless you extend or sign a new Subscription Order.

8.3 The Payment Method for a Fixed Term Subscription will be by invoice.

8.4 You will be invoiced in full (unless otherwise agreed in writing) upon signing the Subscription Order and upon each extension, if applicable. Payment will be due within 7 days of the invoice date.

9. accounts & access

9.1 You are ultimately responsible for the actions of all your Users and ensuring that they comply fully with your Subscription Order. If any User is in breach, Beauhurst reserves the right to terminate your Subscription and initiate any other action, legal or otherwise, it deems appropriate to protect its interests and safeguard the Beauhurst Platform.

9.2 Users are forbidden from giving anyone else (including a team member) access to their Account. We reserve the right to monitor Account usage to prevent this.

9.3 You may add Accounts whenever you wish. Please ask your account manager if you wish to do this. We reserve the right to charge for this service.

9.4 Should you wish to transfer an existing Account to a new User (for example if someone leaves the Subscribing Organisation), please contact your account manager directly.

9.5 Accounts are reserved for employees of the Subscribing Organisation only.

9.6 You are strictly forbidden from granting access to your Subscription to anyone outside the Subscribing Organisation. If you would like to grant access to a third party (for example in the case of a consultancy working for you), you may ask us for permission, which we reserve the right to grant or deny in our sole discretion.

9.7 If you or any of your Users suspect that an Account has been compromised, or that something has been accidentally shared in breach of your Subscription Order, you hereby agree that you shall contact us immediately and inform us of the relevant facts, and take all steps requested by us to remedy the situation.

9.8 We reserve the right to terminate or suspend an Account, multiple Accounts, or your Subscription with immediate effect if we decide (in our sole discretion) that you or any of your Users have failed to comply with any of the provisions of your Subscription Order. Should this be the case, you and your Users must continue to honour the terms of the Subscription Order with respect to any Beauhurst Data still in your possession or that of a User.

9.9 For the avoidance of doubt, only human beings are permitted to be Users. Programmatic or automated access to the Beauhurst Platform is strictly prohibited. This includes, but is not limited to, any application of scraping software.

10. additional features

10.1 Any Additional Features are included in your Subscription in our sole discretion.

10.2 There may be a charge for these Additional Features.

10.3 You may not remove any Additional Features during the course of your Subscription.

11. data policy

11.1 Please refer to our separate Data Policy which dictates the rights and restrictions surrounding your use of Beauhurst Data. We would urge you to contact us if you are at all unsure about the limitations placed upon you by such policy or if you are unsure about any aspect of the Data Policy.

11.2 You may not systematically store, copy, Publish, or share Beauhurst Data with a view to creating or compiling any form of comprehensive collection, compilation, directory or database including, for the avoidance of doubt, in relation to any CRM application. In addition, you may not facilitate any other party doing the same.

11.3 Upon termination of your Subscription Order, howsoever caused,

  1. You no longer have any right to use Beauhurst Data; and
  2. You must also delete any Beauhurst Data that you have obtained from Beauhurst through whatever means (except in the case of data that has been Published in accordance with the Data Policy).

11.4 You hereby agree to indemnify us in relation to any claim, expense, liability, losses and costs (including legal fees) incurred by us and arising from any breach by you or your Users of the Subscription Order. This shall be without prejudice to any other action Beauhurst may be entitled to take against you in the event of a breach. You will still be liable for any outstanding Fees.

12. exports

12.1 Subject to conditions detailed in your Subscription Order, you may be given an Export Allowance.

12.2 The Export Allowance will apply across the whole Subscription, not to individual Accounts.

12.3 For the avoidance of doubt, any Beauhurst Data that is exported via your Export Allowance is governed in accordance with the Data Policy.

12.4 The Export Allowance is reset at the beginning of to each calendar month. If your Start Date is mid-way through a month, you will receive a full Export Allowance for that month and it will not be on a pro rata basis.

12.5 If you reach the limit of your Export Allowance, you will not be able to use any more Export Credits until the first day of the next calendar month. (Please note that if you need further Export Credits in the meantime, you should contact your account manager directly.)

12.6 Export Credits have no monetary value and are not transferable.

13. our liability to you

13.1 Nothing in these Terms limits or excludes our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  4. defective products under the Consumer Protection Act 1987.

13.2 Subject to paragraph 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with a Subscription Order for:

  1. any loss of profits, sales, business, or revenue;
  2. loss or corruption of data, information or software;
  3. loss of business opportunity;
  4. loss of anticipated savings;
  5. loss of goodwill; or
  6. any indirect or consequential loss.

13.3 Subject to paragraph 13.1, our total liability to you in respect of all losses arising under or in connection with a Subscription Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fees over the previous 12 month period.

13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to a Subscription Order. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that a Subscription is suitable for your purposes.

13.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

13.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

14. third party liabilities

14.1 Where expressly indicated, certain information on the Beauhurst Platform and the intellectual property rights subsisting therein may belong to other parties.

14.2 Any breach of your Subscription Order may cause us to breach our agreements with these third party suppliers. To the extent that the actions of you and your Users make us liable to them, you hereby agree to reimburse us to the full extent of any such liability on an indemnity basis, which may be significant and far exceed the value of your Subscription Order with us.

14.3 For the avoidance of doubt, in the event that we determine, in our sole discretion, that you have fully adhered to your Subscription Order and that your actions did not contribute to any third party action, we will indemnify you against any action from such third party suppliers.

14.4 Liability under this indemnity is further conditioned on you discharging the following obligations. If any third party makes a claim, or notifies you of an intention to make a claim, against you which may give rise to a liability under the indemnity described in paragraph 14.3 (a Claim), you shall:

  1. within 7 days, give written notice of the Claim to us, specifying the nature of the Claim in reasonable detail;
  2. not make any admission of liability, agreement or compromise in relation to the Claim without our prior written consent;
  3. give us and our professional advisers access at reasonable times (on reasonable prior notice) to your premises and your officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within your power or control, so as to enable us and our professional advisers to examine them and to take copies (at our expense) for the purpose of assessing the Claim; and
  4. be deemed to have given to us the sole authority to avoid, dispute, compromise or defend the Claim.

15. linking to our web site

15.1 You may link to our Web Site, provided you do so in a way that complies with the law, and does not take a form likely to damage our reputation or otherwise cause confusion in the mind of a reasonable user as to the identity of you versus us.

15.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15.3 You must not establish a link to our home page in any website that is not owned by you.

15.4 We reserve the right to withdraw linking permission without notice.

16. privacy & cookies

Use of the Web Site is also governed by the Web Site’s Privacy & Cookie Policies which are hereby incorporated into these terms and conditions.

17. events outside our control

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Subscription Order that is caused by an Event Outside Our Control.

17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Subscription Order:

  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under a Subscription Order will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Subscription to you, we will arrange for you to be refunded for the affected period.

18. communications between us

18.1 When we refer, in these Terms, to “in writing”, this will include email.

18.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Subscription Order shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

  1. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, on the next Business Day after transmission.
  2. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.
  3. The provisions of this paragraph 18 shall not apply to the service of any proceedings or other documents in any legal action.

19. confidentiality

You will keep all details relating to a Subscription Order confidential. This includes, but is not limited to, Fees, number of registered Users, and any other information relating to your Subscription or Accounts.

20. subscribers’ marks

20.1 If (and only if) you give us explicit permission in writing, we may use your logo or mark in our marketing material for the duration of your Subscription to show that you are a client.

20.2 Some exportable material may be branded with your logo or mark. Please note that there may be a charge for this service. In such circumstances, you hereby grant us a non-exclusive licence to use your logo or mark on any such material so generated and you shall indemnify us against all costs, claims, damages, losses and expenses should there be any claim that your logo or mark infringes any intellectual property rights belonging to a third party.

21. intellectual property rights

21.1 We are the owner or the licensee of all intellectual property rights on the Beauhurst Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

21.2 Beauhurst is a UK and US registered trade mark of Business Funding Research Limited.

22. other important terms

22.1 We may transfer our rights and obligations under a Subscription Order to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens.

22.2 Any Subscription Order is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

22.3 These Terms supersede any terms you may seek to impose via a purchase order or otherwise.

22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

22.6 A Subscription Order and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

22.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Subscription Order or its subject matter or formation (including non-contractual disputes or claims).