Terms & Conditions

Genesis Accountants uses your data to provide our services to you. Our privacy notice is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.

How and why we use your data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.

Your personal data: We do the upmost to respect your privacy and take data protection very seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into this website like your name and email address.

Use of others personal data that you enter in to this website: Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into www.genesisaccountants.com.

Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.

We ask that because we take reasonable precautions to protect your confidential information that you’ll do the same for ours.

Maintaining confidentiality: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

We take security seriously and you should too! To help protect our services and your data, we offer added security features such as two-step authentication.

Methods used to keep your data safe: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

Additional security features: We may introduce security features to make your account more secure, such as two-step authentication. We may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

Your responsibility when it comes to protecting access to your data: You should do everything in your power to keep your login details secure, and not let any other person use them, and make sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Genesis Accountants’ systems or services to store personal data, (unless it’s a field explicitly asking for personal data – like a first name or last name) credit card details, tax identifiers or bank account details.

Sometimes it’s necessary for us to have some downtime so we can keep building and releasing killer updates. We will however try to minimise this as much as possible so your experience isn’t affected. You may also have occasional access issues and may experience data loss that we can’t control, so it’s important you back up your data where you can.

When you can access the system: We strive to maintain the availability of our services, 24 hours a day and provide email support, within the United Kingdom working hours of 09:00 to 17:00 BST Monday to Friday. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.

Issues with getting in: Depending on where you’re located when using our services the internet can be fickle – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.

When things go wrong with your data: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.

No compensation available: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.

We’re here to help but not to advise: If you have any issues, we have awesome in application support chat via the message icon in the bottom right hand corner of the screen on web. If you can’t get on to us via chat (if you’re on the mobile for example) our support email is monitored frequently and you can reach us at Dbi@genesisaccountants.com. Any information provided to you via chat or by any other means, shall not be construed as advice in any way, shape or form. You should make your own judgement on the suitability of any submission you make to the relevant tax authorities through our system and obtain your own financial advice as you see fit. No representative of Ember is to be held liable either personally and shall not bring the company in to liability for information provided during the course of support.

Home improvements: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).

A lot of this might sound like common sense but it’s really important to make sure we outline how you can (and can’t) use our services.

Tell us how we are doing: We love your feedback and may use it without restriction including but not limited to on our website or across our marketing materials if we so choose.
Use sensibly: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.

Discussions on Spectrum: We encourage you to participate in our community to learn from other Genesis accountants users and to share some of your knowledge with them as well.

A couple of pointers when sharing advice: Only share private information if you’re happy for others to know it, and don’t post anything you don’t have the right to share.

While this list isn’t exhaustive, we do want to point out a few more examples of things you mustn’t ever do:

• Introduce or upload anything to our services that includes viruses or other malicious code.
• Undermine the security or integrity of our computing systems or networks.
• Access any system without permission.
• Use our services in any way that might impair functionality or interfere with other people’s use.
• Commit fraud or other illegal acts through our services.
• Repackage, resell, or sublicense any leads or data accessed through our services.
• Share anything that may be offensive, violates any law, or infringes on the rights of others.
• Act in a manner that is abusive or disrespectful to an Ember employee, partner, or other Ember customer. We will not tolerate any abuse or bullying of our Ember employees in any situation and that includes interaction with our support teams.
• Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
• Resell, lease or provide our services in any way not expressly permitted through our services.

You can easily terminate your subscription by providing us one month’s notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.

Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month’s notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination.

When Ember may terminate: Ember may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. We may also terminate or suspend your subscription or access to all or any data immediately if:

• you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
• you breach any of these terms and the breach cannot be remedied,
• you fail to pay subscription fees, or
• you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

No money back: No refund is due to you if you terminate your subscription or Ember terminates it in accordance with these terms.

Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch directly with us at support@ember.co to have your data removed completely if you wish.

This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.

You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).

Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 56, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

Payments: Ember cannot initiate payment transactions on your behalf therefore shall not be held liable for unauthorised payment transactions. In cases of unauthorised payment transactions, you should contact your bank directly.

Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

• We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
• For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
• Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.

Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through the live chat or by sending an email to Dbi@genesisaccountants.com. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. For disputes of a financial nature, if at any point you are unsatisfied with the response from Ember, you have the right to elevate this dispute to the Financial Ombudsman Service.

Things we can’t control: We do our best to take care of what can be controlled. We are not liable to you for any failure or delay in the performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

Legal notices: Any notice you send to Ember must be sent to Dbi@genesisaccountants.com. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.

Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).

Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.

Blocking your access, disabling your subscription, or refusing to process a payment: We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk – like a potential breach of a law or regulation – associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.

Relationship between Ember and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user.

Amendments to these terms: We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Ember.

Your right to access the terms: During the term of the contract you will at all times hold the right to obtain a copy of the terms that you have agreed to.

Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.

Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.