Terms of Service
Standard Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions and rules of interpretation apply in this Agreement:
"Acceptable Use Policy" means the acceptable use policy of YOPLA, as adopted and amended from time to time and published on the Website.
“Account” means any accounts or instances created by or on behalf of You for access and use of the Services. You may have multiple Subscriptions which may be subject to separate and distinct Plans. For the avoidance of doubt, reference to an Account herein refers to (i) Your trial account where a live account has not been activated; or (ii) Your trial account and live account where the live account has been activated.
"Agreement" has the meaning set out in Clause 2.1 (Agreement).
"Applicable Law" means all laws and regulations that apply to providing or receiving a Service.
"Business Day" a day other than a Saturday, Sunday or public holiday in Scotland when banks in Edinburgh are open for business.
"Commencement Date" means the earlier of (a) the date when YOPLA confirms to the Customer acceptance of an Order Form; and (b) the Services Start Date.
"Customer" has the meaning given in Clause 2.1.1 (Agreement).
"Direct Debit" means any request(s) for any payment or series of payments by bank direct debit payment method.
“End-Customer” means Your customers and/or any person or entity other than You or Users with whom You interact using the Services.
"Extended Term" has the meaning given in Clause 3.1.
"Minimum Term" means the minimum term which YOPLA notifies the Customer in writing will be applicable to the Services (which shall include, for the avoidance of doubt, notification in the Purchase Order), failing which the minimum term shall be 36months starting from the Services Start Date.
"Order Form" means the signed order which the Customer issues to YOPLA (in the form agreed between the Customer and YOPLA) for the provision of Services.
“Personal Data” means data forming part of the Service Data and relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in or is likely to come into the possession of the data controller or such other similar term as defined under Applicable Data Protection Law.
“Privacy Notice” means Our privacy notice at https://www.yopla.co.uk/privacy/ as updated periodically and which is incorporated into these Terms by reference.
“Process/Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
"Services Start Date" means the date when YOPLA first makes a Service available for use by the Customer.
"Services" means the services which YOPLA shall provide to the Customer in accordance with this Agreement which may include (without limitation) cloud-based subscription management software and all related products and services that You subscribe to, and/or any new services or features that We may introduce as a Service to which You may subscribe to, and any Updates to the Services, including individually and collectively, any software, APIs and Documentation as well as any digital consultancy or financial consultancy or related services.
“Service Data” means all electronic data, text, messages or other materials, including Registration Data, Cardholder Data and Personal Data of End-Customers and Users, submitted to the Services through an Account in connection with Your use of the Services.
“Subscription” means Your subscription to the Services through a Plan of Your choice for Your access and use of an Account.
"Term" has the meaning given in Clause 3.1.0
“User” means those individuals You authorise as users within an Account to use the Services by way of designated login credentials.
"Website" means YOPLA’s website at www.yopla.co.uk or such other website as may be operated by YOPLA from time to time.
"YOPLA" means YOPLA Limited, also trading as YOPLA, a limited company incorporated under the Companies Acts in England and Wales (registered number 06826477) and having its registered office at International House, 6 South Molton Street, London, W1K 5QF.
1.2 Clause headings shall not affect the interpretation of the Agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.8 A reference to writing or written includes emails and faxes.
1.9 For the purpose of Clauses 12.2.1 (Suspension of the Services) and 13.1 (Termination), a breach shall be considered capable of remedy if the defaulting party can comply with the provision in question in all respects other than as to the time of performance (provided that time of performance is not of the essence).