The agreement, in plain words.

Who this is between

Us: Diary Portal, United Kingdom, support@diaryportal.com.

It is between Diary Portal and the business that holds the account. Not between us and your customers. Your customers deal with you, and these terms give them no rights against us and us none against them.

The subscription

• £29 a month, or £290 a year. One tier. Unlimited bookings, services and staff on either.
• A 30-day free trial. No card is taken to start it. If you do nothing at the end of it, nothing is charged.
• It renews until you stop it. Monthly on the same day each month, yearly on the same day each year, unless you cancel first.
• Cancel any time, from the billing screen. You keep the rest of the period you have already paid for. We do not refund part of a period, and we do not make you telephone anybody to leave.
• A price change is told to you first, by email, before it applies to your account. It never applies to a period you have already paid for.

If a payment fails, and what happens to your data

A failed payment does not switch your account off. You get 7 days while we retry, and we tell you it has happened.

After that the account becomes read-only rather than dark. You and your staff can still sign in, still see the diary and still export everything. Your customers' booking page keeps working, because a business that has fallen behind on a software bill should not have its Saturday cancelled by us. What stops is making changes in the admin app.

If the payment is still not made once the retries run out, the admin app shows only the billing screen until it is. The same happens when a cancelled plan reaches the end of the period you paid for. Your booking page is not switched off by either, and if you need an export at that point, ask us and we will send it.

Cancelling stops the billing. It does not delete the account, so you can come back to it later. Export what you need before the paid period ends, or ask us for it afterwards. Ask us to delete the account and we will, within one month. Nothing is deleted without you asking. What we cannot delete is billing and tax records, which we are required to keep for six years.

Deposits, and whose policy they are

Diary Portal moves the money. You set the policy and you answer for it. That is the whole of this section and the rest of it is detail.

• Deposits are taken through Stripe into your own Stripe account. The money is yours from the moment it clears. It does not pass through us and we do not hold it.
• You decide which services take a deposit, how much, and what happens when somebody cancels late or does not turn up. You can set it to nothing.
• That policy is an agreement between you and your customer, not between them and us. If you keep a deposit and your customer disputes it, it is yours to resolve, and it is yours to be able to justify. Consumer law applies to you the same as it would if you took the deposit in cash at the counter.
• Refunds are issued by you, from your own account. We do not refund your customers on your behalf and we cannot reverse a payment we never held.
• A chargeback is against you. Stripe recovers it from your account, and Stripe's own fees and rules apply. Say clearly, on your booking page, what your deposit policy is. It is the single best defence against one.

Text messages

• 200 texts a month are included, and the allowance resets each month, on yearly plans too.
• Top-ups are £11 for 200, charged when you buy them. Top ups roll over for 6 months from purchase rather than expiring with the month, because you paid for messages and not for a monthly perk.
• The unit is a message segment, not a message. Networks bill per segment, and a text longer than 160 plain characters, or containing one character outside the standard alphabet, is two or more. A long message therefore costs more than one.
• There is a ceiling of 1,000 segments per account per month, whatever you have topped up. It exists so a fault can never run up a bill you did not expect. Ask and we will raise it.
• Texts go to people who asked to hear from you about their own appointment or a waitlist place they joined. The product is not a marketing tool and must not be used as one. Sending unsolicited marketing through it breaches these terms and UK marketing rules, and it is the fastest way to have an account suspended.

Referrals

• You get £29 of credit for each business you refer, once that business pays its first invoice. Not when it signs up or starts a trial. The credit comes off your next bill. It is credit, not cash, and it cannot be paid out or swapped. You can refer from the day you sign up. If you are still on your free trial when a credit is earned, for example, it waits and comes off your first bill. A waiting credit lapses if you cancel or close your account before you start paying, or if it is still waiting after 12 months.
• The business you refer gets £14.50 off its first bill, after the normal 30-day free trial.
• Up to 12 rewards a year, counted from January to December. A referral beyond that earns nothing.
• A business can only be referred once, and only when it first signs up.
• A reward can be cancelled for fraud or self-referral, or if the referred business's first payment is refunded or charged back within 60 days. A referral earns nothing, for either business, if the new business uses the same email address as yours (dots and anything after a plus sign are ignored), the same phone number or the same card, if its owner is on your team, or if you use your own link. We block these automatically. A business that has had a Diary Portal account before can't get the referral discount again, and we block that automatically too. A sign-up that shares your email domain is held until a person at Diary Portal has checked it.
• We can change or end the programme at any time. Rewards you have already earned are kept.

Acceptable use

Do not use Diary Portal to:

• Send marketing to people who did not ask for it.
• Store data you have no right to hold, or that you took from somewhere else.
• Break into it, load-test it without asking, or scrape it.
• Resell it as your own product without an agreement with us.
• Do anything with it that is against the law.

We can suspend an account that is doing one of these. Where it is safe to do so we will tell you first and give you a chance to fix it.

Ending the agreement

You can leave at any time by cancelling from the billing screen. We can close an account by giving you 30 days' notice by email, or straight away for a serious breach of acceptable use.

Either way, you can export your data first, except where the law stops us from letting you.

What we promise, and what we do not

We will run the service with reasonable care, keep it patched, back it up, and tell you when something has gone wrong rather than letting you find out from a customer.

We do not promise it will never be down. There is no uptime guarantee attached to these terms, and if you need a contractual one, this is not the right product for you yet. We would rather say that here than sell you a number we cannot stand behind.

Liability

If we get something wrong and it costs you money, our liability to you is limited to what you have paid us in the twelve months before it happened. We are not liable for lost profit, lost bookings or lost goodwill.

Nothing here limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.

Your data and your customers'

It stays yours. We hold it to run the product for you and for nothing else. What we collect and how long we keep it is in the privacy policy, which forms part of these terms. You can export it from the app while your account is active, and ask us for it at any time, in a format you can take elsewhere.

When we process your customers' data

For your customers' details you are the controller and we are the processor. That means:

• We only act on your instructions. These terms and how you use the product are those instructions.
• Staff with access keep it confidential.
• We keep it secure, with protection suited to the kind of data it is.
• We only use the processors listed in the privacy policy, and we tell you before adding a new one. A list of processors is available on request.
• We help you answer your customers' requests to see, correct or delete their data.
• We tell you without undue delay if there is a breach that affects it.
• We delete it or return it to you when your account is deleted.
• We give you the information you need to show this is being done.

Changes to these terms

If we change them in a way that affects you, account holders are told by email before it applies, and the date at the top changes. If you do not accept a change, cancel. We will not backdate one.

Law

These terms are governed by the law of Scotland, and the Scottish courts have jurisdiction. If you are a consumer rather than a business, that does not take away rights you have where you live.

Questions about any of this go to support@diaryportal.com.