Zigaflow Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.zigaflow.com website (the "Service") operated by Quikflw Ltd ("us", "we", or "our").

Last updated: 12th April, 2021

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.zigaflow.com website (the "Service") operated by Zigaflow Ltd ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscription

Your subscription starts when you make your first payment to us (for Free trials see “2. FREE TRIALS”)

Unless otherwise stated any minimum or initial term applies your subscription will operate on a month-by-month basis (See Initial Term on your agreement)

Your subscription requires internet access

You must access the service using a compatible web browser

You must provide us with a valid method of payment which you may update from time to time

At no additional cost, you have access to our standard support services during normal business hours

Our standard support includes;

Online Ticketing System

Emailing – [email protected]

24/7 Access to our knowledgebase – support.zigaflow.com

A standard response time of next business day

Unless otherwise agreed you must not permit any 3rd party access to the service or any associated documentation

Free Trials

Your subscription may start with a free trial

Free trials last for 14 days or as otherwise specified during sign-up.

You are only granted permission for one free trial

Should you wish to obtain a further free trial you would need to contact us directly

At the end of any trial period, you will no longer be able to access the service unless you choose to subscribe to the service and start a paid subscription

Managed Service

At our discretion, we may choose to offer you to subscribe to our Managed Service which includes;

  • A fully managed implementation of the software,
  • Ongoing administration support,
  • User training

The cost of the managed service will be determined by the subscription plan you choose and would be detailed in your quotation

Our Managed Service has a minimum term of 12 months

Your first payment will constitute the start of your subscription period as detailed in clause 1.1

During the implementation period, Zigaflow Ltd may handle data within the scope of its role as a data processor

It is your responsibility during this period to ensure the accuracy of information supplied to us to complete our obligations under the onboarding service

Zigaflow Ltd cannot assume any responsibility or liability for inaccuracies or omissions in data uploaded into the system

As part of this service, Zigaflow Ltd may consult with you on your business processes. This is a consultation process, and it is your responsibility to ensure your processes and workflows are correct for the needs of your business.

Zigaflow take an organic approach to implementations and in terms of timescales these can be completed between 4-12 weeks from your initial payment, however, this is not a guaranteed timescale. In order to best meet these timescales, you should ensure you are available to respond to all information requests in a timely manner

Our managed service does not include the provision for any feature changes or adaptations to the current capabilities of the software

Billing & Refunds

Billing Cycle

Unless otherwise agreed the subscription fee for our service will be billed on a monthly basis to your provided payment method on the calendar day corresponding to the commencement of your paid subscription.

In some cases, the timing of your billing may change, for example, if your payment has been declined, payment has not settled, or your payment day does not exist in a given month (i.e. 31st).

Payment Methods

Payment can either be made via credit card or Direct Debit depending on your geographical location

Unless otherwise stated, all prices quoted are in UK Sterling (GBP). Should you require fixed pricing in an alternate currency, please contact us to discuss.

For certain payment methods, you should check with your card issuer for any foreign transaction fees or charges

If a payment fails, due to expiration, insufficient funds, or otherwise and you do not provide an updated payment method we can suspend access to the service until such time as full payment has been resumed and any outstanding monies have been paid in full

Cancellation

You can cancel your Zigaflow subscription at any time following the expiry of your initial term and you will continue to have full access to the service until the end of this term.

If you cancel your subscription your account will automatically close at the end of your initial term.

If you are on a month-by-month term, your account will automatically close at the end of your billing period

Changes to the Price and Service Plans

We may change our service plans and the price of our service from time to time

Prices are fixed for the duration of any minimum or initial term as outlined

Any changes to our service plans or prices will be notified to you at least 14 days prior to any change taking effect

Refunds

Refunds will not be provided for any subscription.

We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-month.

Links to Their Websites & Services

Our service may contain links to third-party websites or services that are not owned or controlled by Zigaflow.

Zigaflow has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party websites or services.

You acknowledge and agree that Zigaflow shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to carefully read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Privacy, Safeguarding & Security Breaches

GDPR

The GDPR was brought in to protect individuals right to privacy and also provide the “right to be forgotten”

Zigaflow Ltd is registered with the Information Commissioner’s Office with the reference ZA262432

Under the GDPR rules which came into force on the 28th of May 2018 Zigaflow Ltd is the “Data Processor”

Under these same rules, you are the “Data Controller”

Under these rules, your customer is classed as the “Data Subject”

Should a “Data Subject” want to be removed from the system they will most likely contact you first. Should we be approached by a “Data Subject” we will contact you to deal with it.

Zigaflow does not collect personal data on your behalf and you have complete control of any of your clients’ personal data during your paid subscription.

Zigaflow Ltd will fully conform to GDPR regulations and any other relevant legislation in terms of our position as a “Data processor”

Deleting Personal Information

Should you need to delete a “Data Subject” you should follow these instructions;

Go into the client or supplier record where the contact exists.

Select the contact and click on the delete button. This ‘soft deletes’ the company or contact and does not fully remove them.

To fully remove them, click on the deleted button at the top of the companies or contacts screen

Find the company or contact you have just ‘soft deleted‘, and click on the ‘Delete Permanently’ button.

The contact record for the “Data Subject” is then permanently removed from the database.

For the avoidance of doubt, Zigaflow Ltd will not undertake any data deletion efforts for you or on behalf of you.

Collecting Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connections with other activities, services, features or resources we make available on our site.

Users may be asked for, as appropriate, name, email address, phone number.

We will collect personal identification information from users only if they voluntarily submit such information to us.

Users can always refuse to supply personal identification information, however, that may prevent them from engaging in certain site-related activities

Collecting Non-Personal Identification Information

We may collect non-personal identification information about users whenever they interact with our Site.

Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Sites, such as the operating system and the Internet service providers utilized and other similar information.

Web Browser Cookies

Our site may use “cookies” to enhance the user experience.

User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them.

Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, some parts of the site may not function properly.

How we use Collected Information

Zigaflow Ltd may collect and use Users personal information for the following purposes:

To improve customer service – Information you provide helps us respond to your customer service requests and support needs more efficiently.

To improve our Site – We may use feedback you provide to improve our products and services

To process payments – We may use information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

To send periodic emails – We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If a user decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe information at the bottom of each email.

We Protect Your Information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our site

Sharing your Personal Information

We do not sell, trade or rent users personal identification information to others.

We may share generic aggregated demographic information not linked to any personal identification information regarding visitors with our business partners, trusted affiliates and advertisers for the purposes outlined above.

We may use third-party service providers and their websites and services to help us operate our business, such as sending our newsletter or surveys. We may share information with these third parties for those limited purposes provided that you have given us your permission.

Your Business Data

Zigaflow Ltd will not sell or rent your business data to a third party.

We may share generic aggregated information not linked to any customer

Safeguarding

Zigaflow shall assist you in complying with the statutory obligations regarding the security and protection of personal data, and shall make and maintain appropriate documentation in this regard. This includes in particular our obligation:

To ensure an appropriate level of protection through technical and organizational measures that take into account the circumstances and purposes of the processing activities as well as the projected probability and severity of a possible infringement of the law as a result of security vulnerabilities and that enable immediate detection of relevant infringement events;

To notify you as soon as possible after having become aware of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to personal data (”Security Breach”). In consultation with you, Zigaflow Ltd shall take appropriate measures to secure the data and limit any possible detrimental effect on the data subjects.

To co-operate with you and provide you with any information which you may reasonably request relating to the Security breach

To assist you by appropriate measures with regard to your obligation to inform data Subjects and competent authorities in the event of a Security Breach; and

To assist you with regard to your obligation to provide information to and data subject concerned and to provide you with all relevant information in this regard as soon as possible

Termination

You may terminate these terms at any time on no less than 30 days prior written notice to us upon completion of the initial term

Without affecting any other right, or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if;

The other party commits a material breach of these terms, where such breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;

A petition is filed, notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party other than for the sole purpose of a scheme of solvent amalgamation of that other party with one or more other companies, or the solvent reconstruction of that other party,

An application is made to court, or an order is made, for the appointment of an administrator, or if notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party;

Any warranty given by either party is found to be true or misleading

On termination of the service we;

shall store your customer data for 3 months following termination after which time customer data may be deleted from our servers.

reserve the right to charge a fee for the time involved in exporting and transferring customer data. For the avoidance of doubt, all customer data will be held and provided in the form of .csv or .xls files

Governing Laws

These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of England & Wales.

Each party agrees that the courts of England & Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms of their subject matter or formation (including non-contractual disputes or claims).

Failure to enforce any right or provision of these terms by either party will not be a waiver of those rights.

If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.

These terms along with, where applicable, any signed Non-Disclosure Agreement constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have between us regarding the service.

Changes

We reserve the right, at our sole discretion, to modify or replace these terms at any time.

If a revision is material, we will provide at least 14 days notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

If you do not agree to the new terms, please stop using the service and contact us immediately

Contact Us

If you have any questions about these terms, please contact us.