Terms & Conditions

1. We provide a web-based lease and tenant management service (software as a service).
2. You wish to make use of the service that We offer.
3. If You do not agree with the terms of this Agreement, or do not have authority to enter into this Agreement, You may not make use of the service.

The following words and phrases have these meanings in this Agreement:

1. "Account" means the information that We hold about You, including details of money paid to Us by You, billing and transaction records, personal contact details, and reference to an Account includes reference to all rights that You hold under this Agreement.
2. "Agreement" means this document as well as the other documents referred to in it, which are deemed to form part of the Agreement.
3. "Fee" means the fees that We charge You for use of the Service.
4. "Intellectual Property Rights" means copyright, patents, registered designs, trademarks (whether registered or not) , trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.
5. "Personal Information" means information relating to an identifiable, natural or juristic person.
6. "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:
   1. The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
   2. Dissemination by means of transmission, distribution or making available in any other form; or
   3. Merging, linking, as well as restriction, degradation, erasure or destruction of information.
7. "Service" means OpenLease, a web-based lease and tenant management service as described in Our Website, whether accessed via the Website or via a mobile application.
8. "Website" means Internet World Wide website at URL https://open.lease or such other URL as We may indicate from time to time, and also includes reference to any mobile application used to access the Service.
9. "Us", "We", or "Our" means OpenLease Limited, a company incorporated in terms of the company laws of the England and Wales with Company No. 12205494, and also includes reference to our affiliated companies, and our successors and authorised assigns.
10. "You" or "Your" refers to you, or your employer or any other entity that you have full legal authority to bind and may be accepting this Agreement on behalf of.

1. Acceptance. By registering an Account on the Service, entering any data into the Service, or by indicating Your acceptance of this Agreement in any other way, You agree to the terms of this Agreement.
2. Incorporation. This Agreement consists of this document, and also incorporates the terms of the Website Terms of Use and Privacy Policy.
3. Conflict. If there is any conflict between the contents of this document and the contents of the above documents, then the provisions of this document will prevail.
4. Amendments. We reserve the right to amend the terms of this Agreement at any time and without notice to You. You are advised to regularly check whether these terms have changed. The most recent version of the Agreement will be available on the Website. Please refer to the last revision number and date at the top of this document. If You do not accept any amendment of the Agreement You may terminate it on notice to Us. Continued access to the Services will constitute acceptance of the amendments.
5. Warranty of Authority. If you are entering into this Agreement or intend to use the Service on behalf of a third party or in a representative capacity, You warrant that You are authorised to do so.

1. Accuracy. Upon accepting this Agreement, You agree and acknowledge to provide accurate personal information requested during the registration process and to keep this information updated and accurate at all times. If the personal information is incorrect, we may suspend Your Account until such time as the inaccuracy has been rectified.
2. Additional Users. Additional users may be created under a particular Account. The party setting up the Account is responsible for the conduct of all users under that Account.
3. Access Information. You agree that usernames and passwords are issued for individual users only and that users must not share this information with anyone else.
4. Responsibility. We do take security seriously, but as the user, You accept all risks of any unauthorised access that could occur regarding Your registration data.
5. Juristic Persons. Juristic persons are encouraged to open Accounts using the details of the juristic person rather than that of the employee, officer or agent acting on behalf of the juristic person.
6. Accounts Registered for Others. If You create an Account on behalf of another person, all rights arising from that Account, will vest in that other person.

1. Fees. We will charge Fees for provision of the Service as set out on the Website.
2. Taxes. You acknowledge that depending on Your residence and geographical position, taxes may be added to the Fees under this Agreement. Value added tax at the rate of 20% is charged on orders to United Kingdom residents. VAT is not payable on orders if the billing address is outside of United Kingdom.
3. Refund. In the event of a refund being necessary due to an overpayment by You, such refund will be made within 30 days of the date on which such overpayment is brought to Our attention, into the account from which the payment originated.

1. Your Responsibility. You accept that You are responsible for the consequences of Your use of Your Account and the Service, and for maintaining it and all information in it. This responsibility extends to all of Your employees, officers or agents that may access the Service.
2. Access. You will have access to Your Account by means of a username and password.
   1. Access to the Account will allow You to access the Service, and make changes to Your account details.
   2. If You forget Your username or password, We will only take steps that We regard as being secure to ensure that You re-gain access to Your Account.
3. Use of Account. You agree:
   1. To use the Service only for the purposes set out in this Agreement and the Website;
   2. Not to use Your Account to commit any unlawful activity, or in a way which is likely to be defamatory or cause offense;
   3. Not to divulge Your username or password to any other person; and
   4. Not to impersonate any other person in dealing with Us, and particularly not to access the Website using another user’s username and password.
4. Unauthorised Use. You agree and acknowledge that You will contact Us immediately should You experience any unauthorized use of Your Account details.
5. Suspension of Account. If You are in breach of this Agreement, we may suspend your Account. This will have the effect of suspending Your access to the Service.

1. Independent Contractor. The relationship of the parties is that of an independent contractor. Nothing in this Agreement will constitute the relationship of employer and employee, partnership or a joint venture between You and Us.
2. No Agency. This Agreement does not give rise to a relationship of principal and agent. Neither party will be entitled to conclude any agreement on behalf of the other, nor to sign any document on behalf of the other, unless this is expressly authorised in writing by the other.

1. License to Use Your Data. You grant Us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license for the period of this Agreement to use any data that You submit to Us, for the purposes set out in this Agreement and the Website.
2. No License in Software. We provide the Service to You using server-side software, which is proprietary to Us and is at all times installed on computer servers administered by Us. You do not require a reproduction of any of Our proprietary software in order for Us to provide the Services. Consequently nothing in this Agreement should be interpreted as granting You or any other party any license (whether implied or otherwise) or other Intellectual Property right whatever in Our software.
3. Mobile Application. Notwithstanding the above clause, if You access the Services using an application installed on a smartphone or similar mobile device, We grant you a non-exclusive, non-assignable, royalty-free license to use the application solely for the purpose of accessing the Service.

1. Sharing of Personal Information. As a necessary consequence of making use of the Service, Personal Information that You submit to Us may be shared with Our service providers. We will however only share such Personal Information to the minimum extent necessary for Us to provide the Service to You.
2. Processing of Personal Information. We undertake that the Personal Information will be processed in accordance with applicable law, and that in particular We will only Process Personal Information in a manner consistent with allowing use of the Service, as set out in the Website, and will Process it to the minimum extent necessary.
3. Third Party Personal Information. If You submit Personal Information relating to a third party to Us, You warrant that You are authorised, and have obtained the consent of such third party to do so.
4. Cross-Border Data Flows. In the event that You are not located in the United Kingdom, You note that in making use of the Service You may be transferring Personal Information to Us and to the parties described in clause 9.1. You acknowledge that United Kingdom may not have the same level of data protection as Your jurisdiction, and You consent to the transfer of the Personal Information in this manner. Moreover, if You transfer third party Personal Information to Us, You warrant that You are authorised, and have obtained the consent of such third party, for such a transfer and Processing.
5. Duty to Comply with Applicable Law. It is Your responsibility to comply with Your jurisdiction’s data privacy laws in respect of any Personal Information that you transmit to Us.

1. Disclaimer of Warranties. Save as expressly set out in this Agreement or its schedules, and to the maximum extent permitted by law, We do not make any representations nor do We give any warranties or guarantees of any nature whatsoever in respect of the Service, which is provided "as is" and on a "reasonable effort" basis, and all warranties which are implied or residual at common law are hereby expressly excluded.
2. No Backup Service. In particular You note that We do not provide a backup or data retention service, and that it remains Your responsibility to ensure that You retain copies of all data that You provide to Us.
3. Not Legal Advice. You note that the Service does not constitute legal or other expert advice and that You should seek appropriate advice should you have such queries.
4. Unless the contrary is stated elsewhere in this agreement, you will have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in the aforementioned sections.>

1. Termination for Breach. If You commit a material breach of this Agreement and fail to remedy the breach within 30 (thirty) days after having received a written notice to do so, We may terminate this Agreement without further notice to You.
2. Termination for Convenience. You may terminate this Agreement at any time by giving Us written notice. We may terminate the Agreement if for a period of 30 (thirty) days you do not have any Active Marks and you do not have any Marks pending Validation.
3. Consequences of Termination. If this Agreement is terminated for any reason, We will suspend your access to the Service and may delete Your Account and associated Personal Information and data.
4. Right to Claim Damages. Termination of this Agreement will not affect Our right to claim damages against You for breach of this Agreement and/or copyright infringement.

1. Applicable Law. The law of England and Wales will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it.
2. Jurisdiction. The parties consent to the jurisdiction of the High Court of England and Wales in adjudicating disputes arising from or connected with this Agreement.

1. Neither party will be liable for any delay in performing or any failure to perform any obligations under this Agreement due to any cause beyond their reasonable control, including but without being limited to any of the following: strikes, lock outs or other industrial action, sabotage, terrorism, civil commotion, riot, invasion, war, threat of or preparation for war, fire, explosion, failure of electrical supply, storm, flood, subsidence, epidemic, pandemic or other natural physical disaster, impossibility of the use of railways, shipping aircraft, motor transport or other means of public or private transport; any act or policy of any state or government or other authority having jurisdiction over either party, sanctions, boycott or embargo.

1. Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
2. Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
3. No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
4. Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
5. Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.