Last modified: 1 Aug 2021
What changed? Added clause 3.5 relating to cessation of suspended accounts
Tilt Property Software reserves the right to update and change the Terms of Service from time to time without prior notice. Updates to the Terms of Service will be informed to users on their next login to the Service and acceptance of the revised Terms of Service is required in order to continue using the Service.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. You can review the most current version of the Terms of Service here at any time.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
1. Account Terms
1.1 You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
1.2 You must provide your legal full name, a valid email address (not a single-use or "burner email"), a valid telephone number, and any other information requested in order to complete the signup process.We reserve the right not to create accounts if the trial request contains made-up data.
1.3 Your login must only be used by one person. A single login shared by multiple people is not permitted. On all products except Solo, you may create separate logins for as many people as you like.
1.4 You are responsible for maintaining the security of your account and password. Tilt Property Software cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
1.5 You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
1.6 You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.7 You may not resell, rent, lease or distribute any part of this Service. Nor may you incorporate into applications or equipment produced, manufactured or sold by your organisation.
2. Payment, Refunds, Upgrading and Downgrading Terms
2.1 Trial accounts are not required to provide payment details within the first 14 days.
2.2 Trials which are activated within the 14 day free trial period will not be billed until the end of the trial period.
2.3 In order to continue using your account beyond 14 days you must provide valid billing details in the form of a credit / debit card or direct debit mandate.
2.4 All accounts will be billed in Pounds Sterling (GBP), regardless of geographical location.
2.5 Customers will be billed monthly by credit or debit card, or by direct debit from a UK bank account if preferred.
2.6 The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
2.7 Customers who have been approved to pay their subscription annually in advance must provide valid billing details in the form of a credit / debit card or direct debit mandate to allow automatic collection of annual subscriptions.
2.8 Where payment collection has failed and a suspended subscription is to be resumed at a later date on the existing account, all customers must pay the full amount for the continuous subscription period, including any period during which the account was suspended.
2.9 Free trials are not available on additional accounts for existing customers.
2.10 An upgrade/downgrade between product plans will result in changes to your monthly subscription. Increases to subscriptions will be pro-rated for the remainder of the current billing period. You will automatically be charged the new rate from your next billing cycle.
2.11 All fees quoted within this site are exclusive of VAT. VAT will be applied to all invoices, except for clients in EU states outside of the UK who have provided a valid VAT Registration Number, or clients outside the EU.
2.12 Downgrading your Service may cause the loss of Content, features, or capacity of your Account.Tilt Property Software does not accept any liability for such loss.
3. Cancellation and Termination
3.1 In order to cease your account, you must notify Tilt Property Software by email to firstname.lastname@example.org, email@example.com, or firstname.lastname@example.org (depending on your product), or via a support request from within your account. Your subscription will expire at the end of the current billing period and you will not be billed again. Your account will remain active until the end of that billing period.
3.2 After your account has been ceased all of your Content will be queued for deletion after 60 days. This information cannot be recovered once your account has been removed. The 60-day deletion queue period is based on past experience and allows a full billing cycle to elapse to prevent suspended accounts being removed by mistake, and also allows users to retrieve data whose importance may not be immediately evident on termination of their subscription. In order to reactivate a ceased account during this 60-day window, payment must be made for at least one full subscription period.
3.3 Customers who have opted not to continue with their account after the 14-day trial period has expired will have their Content and data removed after a period of approximately 60 days after the trial expires. This information cannot be recovered once your account has been removed.
3.4 Tilt Property Software, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Tilt Property Software service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Tilt Property Software reserves the right to refuse service to anyone for any reason at any time.
3.5 If billing fails on an account, an email will be sent to the billing contact and collection will be retried up to 3 times. During this retry period, a banner message will be displayed within the account. If payment collection is still not possible, the account will be suspended. We will inform customers of account suspension by email, and also by phone if possible. If the customer does not respond within 14 days, the account will be ceased and marked for deletion, as per clause 3.2 above.
4. Modifications to the Service and Prices
4.1 Tilt Property Software reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
4.2 Prices of all Services, including but not limited to monthly subscription fees, are subject to change upon 14 days’ notice from us. Such notice may be provided at any time by posting the changes to the Tilt Property Software Site (usetilt.com) or the Service itself.
4.3 Tilt Property Software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. Copyright and Content Ownership
5.1 You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
5.2 We own Tilt Property Software and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Tilt Property Software, our Service, or our content on Service without our written permission.
5.3 You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
6. Use of The Service
6.1 Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
6.2 Technical support is provided to all trial and paying account holders. Support for Solo, Origin and Elevate customers is available solely via email. Additional telephone support is only available to a subset of legacy customers on the historic Origin Multi-Branch plan.
6.3 In case of any technical issues or data-related queries, you must make all reasonable efforts to investigate and diagnose problems before contacting Tilt Property Software. If you still require technical help, please check the support material provided online by Tilt Property Software in the product helpdesks, or failing that raise a support ticket by email to the appropriate product support email address, or via support links within the Service.
6.4 Support services will be provided during Tilt Property Software's standard working hours, 9am to 5.30pm Monday to Friday, excluding bank and public holidays in the UK.
6.5 Whilst we always try to assist with any form of user support request, the purpose of support is to answer queries relating to the use of the Solo, Origin and Elevate applications. We will not perform forensic analysis of your data entry activities. Each product has data exports, logs and statements which enable you to perform your own analysis.
6.6 All document templates are provided as-is, intended as a guide only, and are not guaranteed to be legally accurate. You should, where possible, use your own approved templates, or if using our templates get these approved by a suitably qualified legal professional.
6.7 You understand that Tilt Property Software uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
6.8 You are responsible for keeping your account name and password secure and confidential. You are also responsible for any account that you have access to. You agree to notify us immediately of any unauthorised use of your account(s). We are not responsible for any losses due to stolen or hacked passwords.
6.9 You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
6.10 Whilst Tilt Property Software intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
6.11 If for any reason Tilt Property Software has to interrupt the Service for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Website.
6.12 You must maintain copies of all Data inputted into the Service. Tilt Property Software adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Tilt Property Software expressly excludes liability for any loss of Data no matter how caused.
7.1 There are various options available in relation to training. The first is the comprehensive online help documentation which includes explanations of how the system works, the concepts involved, tutorials and troubleshooting articles. The second is the helpdesk as outlined in clause 6.3. If structured individual training is required, we offer online screen-share sessions on an hourly basis, or onsite training on a daily basis, delivered at the customer's premises. Prices are available on request.
7.2 In order to maximise the efficiency of structured training sessions delivered to the customer onsite, the attendance is limited to 5 people from the customer party in addition to the trainer(s). Also, the customer must ensure that there is suitable space available for the trainer(s) to deliver training comfortably and safely.
7.3 All training must be fully paid for in advance. For onsite training, the invoice must be paid at least 14 days in advance in order to allow reasonable travel arrangements to be organised by the trainer(s). Travel expenses will be deducted from the training invoice, so this will not affect the cost to the customer.
7.4 If, after confirmation and payment, the agreed appointment is cancelled or changed by the customer for any reason, all non-refundable travel expenses incurred by the trainer(s) will be deducted from the invoice total. All reasonable effort will be made by Tilt Property Software to obtain these refunds immediately upon notice of cancellation or change, and a full itemised total of non-refundable expenses will be provided in writing to the customer, along with the remaining total which may be refunded or used as credit. Additionally, an admin fee of £75 will be applicable. If cancellation or change is notified within 24 hours of the appointment time, no refund will be provided.
7.5 If the trainer(s) is unable to attend the training for any reason after payment has been received from the customer, a full refund will be made to the customer or the full payment value may be used as a credit towards re-arranging training at another date.
7.6 Onsite training will start at 9.30am and finish no later than 4.45pm, with 45 minutes for lunch at a time mutually agreeable to both the trainer and the customer party.
7.7 If the training session is concluded ahead of schedule, no refunds will be provided for partial training periods.
8. Indemnification and Limitation of Liability
8.1 You agree to indemnify and hold Tilt Property Software harmless from any and all demands, loss, liability, claims or expenses (including legal fees) made against us by any third party due to or arising out of or in connection with your use of our Service.
8.2 To the maximum extent permitted by law, Tilt Property Software provides the Service on an “as is” and “as available” basis, which means we do not provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Tilt Property Software will meet your expectations, and (v) any errors in the Service will be corrected.
8.3 To the maximum extent permitted by law, Tilt Property Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tilt Property Software has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
8.4 The failure of Tilt Property Software to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Tilt Property Software and govern your use of the Service, superseding any prior agreements between you and Tilt Property Software (including, but not limited to, any prior versions of the Terms of Service).
8.5 If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 3.
9. General Conditions
9.1 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Tilt Property Software service.
9.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Tilt Property Software.
9.3 We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
9.4 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Tilt Property Software customer, employee, member, or officer will result in immediate account termination.
9.5 You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. Furthermore, You must not transmit any worms or viruses or any code of a destructive nature.
9.6 These terms and conditions are governed by the laws of Northern Ireland.
9.7 Questions about the Terms of Service should be sent to email@example.com.