These terms cover your company's use of Recover, during a free pilot and on a paid subscription. Your company accepts them when an authorised person signs a pilot or subscription order form with us, or accepts one by email. Each person who creates an account also agrees to follow them. If an order form says something different, the order form wins. Recover is for businesses only. By accepting these terms your company confirms it is acting for its business, not as a consumer.
1. Who we are
Recover is a trading name of Recover Software Ltd, a company registered in England and Wales (company number 17555568), whose registered office is at 66 Paul Street, London EC2A 4NA (“we”, “us”). You can contact us at hello@getrecover.co.uk. “You” means the customer company and the people it invites.
2. Pilots
A pilot lets a company try Recover on one or more live projects for an agreed period, free of charge unless the pilot order form says otherwise. During a pilot, features may change and the service may be unavailable from time to time. Please do not make it the only copy of anything you cannot afford to lose. We welcome your feedback and may use it to improve the service without owing you anything for it. At the end of a pilot you can move to a paid subscription at the price set out in the pilot order form, or stop and export your information.
3. Accounts and access
- Accounts are created by invitation. Your company's administrator decides who is invited and what each person can reach.
- Each person must use their own login and keep their password private. Please do not share logins.
- Your company is responsible for what is done through its accounts, and for removing access when someone leaves.
- Tell us straight away at hello@getrecover.co.uk if you think an account has been misused.
4. Your information
- What your company adds to Recover stays yours. You give us permission to store and handle it so we can run the service for you.
- You are responsible for making sure it is accurate, that you are allowed to record it, and that it is lawful. As the controller of the personal information in your records, your company is responsible for having a lawful basis for recording it and for telling the people concerned, including your own staff and anyone who may appear in site photographs. Photographs of people should only be taken and stored where that is appropriate and fair to them.
- Notes and records are stamped with the time and the name of the person who added them and cannot be edited after they are saved. Once a compensation event is marked implemented, nothing can be added to or changed in its records unless it is reopened. This is deliberate, so take care before you save.
- You can export your information at any time.
5. Recover is a tool, not advice
Recover helps you keep records, track dates and put evidence together. It does not give legal, contractual or commercial advice, and nothing in it should be read as such. Notices, registers, evidence packs and summaries are built from what you entered, and your company checks them before sending or relying on them. Your company decides what to notify, quote or claim, checks everything against its own contract, and takes advice where it needs it. Date indicators show the periods your company entered and are aids only: your company is responsible for meeting every contractual deadline and time limit.
6. Acceptable use
You agree not to:
- try to see or change another company's information, or to get round any security feature;
- upload anything unlawful, harmful, or that you have no right to share;
- copy, reverse engineer or resell the service, or use it to build a competing one;
- do anything that could damage, overload or disrupt the service.
7. Subscriptions and fees
- Price. Paid subscriptions are charged per live project per month, at the price for that project's subcontract package value shown on our pricing page or in your order form. Users are unlimited. There is no set-up fee and we never take a share of any sum your company recovers.
- Live and closed projects. A project is live from the month it is set up until your company closes it. Closed projects stay available to view and export at no charge, but nothing new can be added to them.
- Billing. Monthly subscriptions are billed monthly in advance. Annual subscriptions are billed yearly in advance and cost 10 months' fees for 12 months. A project added part-way through a period is charged from the month it is set up. Fees are payable by Direct Debit or card, or within 30 days of invoice where we agree to invoice.
- VAT. Fees are shown before VAT. We will add VAT at the applicable rate once we are registered for it.
- Price changes. We will give at least 30 days' notice of any price change. It applies from your next billing date. Prices for an annual subscription are fixed for the year already paid.
- Late payment. If a payment is more than 14 days late, we may suspend access after telling you in writing, and we may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
8. Renewal and cancelling
- Monthly subscriptions roll on each month. You can cancel at any time and the subscription ends at the end of the month already paid. We do not refund part months.
- Annual subscriptions renew for another year unless either side gives notice at least 30 days before the renewal date.
- You can close a project at any time. Its charge stops from your next billing date.
9. Personal information
For the personal information in your company's records, your company is the controller and we are its processor. Our data processing terms at the end of these terms apply, and meet the requirements of Article 28 of the UK GDPR. Our privacy notice explains how we handle information as a controller.
10. Availability, backups and support
We will use reasonable care and skill to keep the service running and backed up, but we cannot promise it will always be available or error-free. We may pause it for maintenance, with notice where we can. Support is by email at hello@getrecover.co.uk, and we aim to reply within one working day.
11. Ownership
We own the Recover software, design and branding. You own your content. While your pilot or subscription is active you may use the service for your own business, and nothing else is transferred to you.
12. Confidentiality
Each of us will keep the other's confidential information private and use it only to provide or use the service, unless the law requires disclosure. This continues after the agreement ends.
13. Our responsibility to you
Nothing in these terms limits either side's responsibility for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited. Subject to that:
- during a free pilot the service is provided “as is”;
- we are not responsible for loss of profit, loss of business, or loss of or reduction in any contract claim, payment or compensation event entitlement, including because of a missed notice or deadline;
- we are not responsible for indirect or consequential losses;
- our total responsibility to you for everything connected with the service in any 12 months is limited to the greater of the fees your company paid in the previous 12 months and £[1,000].
14. Suspending and ending
Either of us may end a pilot by giving 7 days' written notice, and a subscription as set out in section 8. Either of us may end the agreement straight away if the other seriously breaks these terms and does not put it right within 14 days of being asked, or becomes insolvent. We may suspend access straight away to protect the security of the service. When the agreement ends you can export your information for 30 days. We will then delete it within 90 days, unless the law requires us to keep it.
15. Changes to these terms
We may update these terms. We will tell account holders about significant changes at least 30 days before they apply. If your company does not accept a change, it may cancel before it applies.
16. Notices
Where these terms or an order form say something must be in writing, email is fine. Send notices to us at hello@getrecover.co.uk, and we will send notices to the lead contact or account administrator named in your order form. A notice sent by email counts as received on the next working day.
17. Events outside our control
Neither of us is responsible for a delay or failure caused by something outside our reasonable control, such as a failure at a hosting or internet provider, a cyber attack we could not reasonably have prevented, or a power cut, as long as we tell the other side promptly and do what we reasonably can to limit the effect. If it lasts more than 30 days, either of us may end the agreement by notice.
18. Transferring the agreement
We may transfer our rights and obligations to another business that takes over Recover, and will tell you if we do. Your rights under these terms will not be reduced. You may transfer yours only with our written agreement, which we will not unreasonably refuse.
19. General
- These terms, your order forms and the documents they refer to are the whole agreement between us about Recover, and replace anything said or written before. Nothing in this clause limits liability for fraud.
- If any part of these terms is found to be invalid, the rest continues to apply.
- If either of us does not enforce a right straight away, we can still enforce it later.
- No one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
20. Law
These terms are governed by the law of England and Wales, and the courts of England and Wales will decide any dispute about them.
Data processing terms
These terms apply whenever we handle personal information for your company. They form part of the terms above.
- What we process. Subject matter: providing Recover. Duration: while your pilot or subscription is active, and until deletion under section 14. Purpose: storing, displaying, organising and exporting your company's records. Types of information: names, work contact details, job roles, notes, diary entries, photographs, and records of who did what and when. People concerned: your staff, your subcontractors and suppliers, and others named or shown in your records.
- Instructions. We will handle the information only on your documented instructions, which are these terms and how you use the service, unless the law requires otherwise. We will tell you if we think an instruction breaks data protection law.
- Confidentiality. Anyone we allow to handle the information is bound to keep it confidential.
- Security. We will keep appropriate technical and organisational measures in place, as described on our security page.
- Suppliers. You authorise us to use the suppliers on our supplier list. We will give at least 30 days' notice before adding or replacing one. If you object on reasonable data protection grounds and we cannot resolve it, you may end the agreement and we will refund any fees paid for the period after it ends. We will put the same data protection obligations on each supplier, and we remain responsible to you for their work.
- Requests from individuals. We will help you respond to people exercising their rights, and pass on any request we receive about your records.
- Breaches. We will tell you without undue delay, and in any case within 48 hours of becoming aware, of a breach affecting your information, with the details we have, and keep you updated.
- Other help. We will give reasonable help with your security, breach notifications, data protection impact assessments and any consultation with the ICO, taking into account the information available to us.
- End of the agreement. We will let you export the information and then delete it as set out in section 14, unless the law requires us to keep it.
- Information and audits. We will give you the information you reasonably need to show these obligations are met, and allow audits by you or an auditor you appoint, on reasonable notice, no more than once a year unless there has been a breach, at your cost.
- Outside the UK. We will only transfer the information outside the UK with safeguards that UK data protection law accepts.