Terms and Conditions

Visitor (Non-Subscriber) Terms & Conditions

1. General
   As a visitor to our website, your use of this site is governed by the terms and conditions set out below. Your continued use of this site constitutes your acceptance of these terms. We may revise these terms at any time without notice. If you open a Firmrater User Account your use of this site will then be governed solely by our Terms and Conditions which will apply in place of these terms.
2. Using this site
   1. 2.1. You agree to access and use this site only for lawful and proper purposes and in a manner that does not cause disruption to this site nor which restricts or inhibits the use and enjoyment of this site by any other party (including, but not limited to, by damaging, hacking or defacing any portion of the site).
   2. 2.2. You agree not to frame or to mirror any part of this site nor to reproduce, duplicate, copy, sell, resell, or exploit for any commercial or non-commercial purposes, any portion of this site nor to modify, adapt, translate, reverse engineer, decompile or disassemble any portion of this site.
3. Intellectual Property Rights
   

   All Intellectual Property Rights in this site belong to us (or, if applicable, to the people to whom we have given ownership or permission to use our Intellectual Property Rights). You must not use our Intellectual Property Rights without prior written permission from us or the owner (if applicable) to do so.

   “Intellectual Property Rights” means any intellectual and/or industrial property rights, including but not limited to any patents, trademarks, design rights, database rights, domain name rights, invention, copyright, confidential or proprietary information or know-how, whether registered or not, and applications for such rights.

4. Use of Cookies
   
   1. 4.1. This site uses Google Analytics cookies to collect information in an anonymous form about, for example, the number of visitors to this site and how visitors use this site. We use the information to compile reports and to help us improve this site. Please refer to the Google website to read their privacy policies and how to opt out of Google Analytics if you wish to do so.
   2. 4.2. The site also makes use of temporary session cookies. They are used solely to aid your use of this site and do not collect or transmit any information about you.
   3. 4.3. Your continued use of this site confirms that you agree to our use of cookies as referred to above.
5. Virus protection
   We take all reasonable precautions to keep this site virus-free. However, we are not responsible for computer viruses and/or other computer related problems that you suffer as a result of using this site. You are responsible for ensuring that you have appropriate up-to-date security, virus checking and firewall software in place at all times.
6. Responsibility and limitation
   1. 6.1. This website is provided 'as is' and without any representation or endorsement made and without any warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that this site will be uninterrupted or error free. To the fullest extent permitted by law all conditions, warranties and other terms which would otherwise be implied by law are excluded.
   2. 6.2. We are not responsible for any commentary, opinions, ratings or other postings on this site or elsewhere by users of this site or by third parties.
   3. 6.3. In no event will we be liable for any loss or damages howsoever arising out of or in connection with your access to and/or use of this site.
   4. 6.4. None of the provisions of these terms affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited by law.
7. Governing law
   These terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Subscriber Terms & Conditions

Please click here to download and read our full Terms and Conditions and Privacy Policy before opening a Firmrater account.

Please click here to download our current Pricing Plan.

The following points give you a brief overview of our Terms and Conditions and the services offered by our system but they are not in any way (nor should they be considered to be) a substitute for reading our full Terms and Conditions. If there is any contradiction between this overview and the wording of our Terms and Conditions, the Terms and Conditions will take precedence.

• You must be over 18 to open a User Account and you must confirm that you have the necessary authority to enter into our Terms and Conditions.
• When you open a User Account you also have to agree to the terms of our Privacy Policy.
• Our services have been designed for and are offered to firms located in the UK only.
• There is no cost to open a User Account.
• Once you have opened a User Account you can add data for up to 99 firms into it. Each business or branch in a chain should be entered as a separate firm so that each one can be compared to other firms based on geographic location.
• You will normally need to pay an annual Subscription fee to access the services offered via this website (and in particular the Performance Reports) for each firm in your User Account, although your Subscription(s) may be free in certain circumstances. Subscription fees only become payable (if they apply) when you submit business data into the system. Please see our Pricing Plan for further details.
• Subscription fees are as published in our Pricing Plan and exclude VAT, which will also be payable at the prevailing VAT rate.
• A Subscription is free if there are less than the requisite minimum number of firms in your firm’s primary business activity group at the time that you create or renew your Subscription. Please see our Pricing Plan for further details.
• Registered UK charities can apply for a free subscription. Please see our Pricing Plan for further details.
• Subscription fees must be paid to us by electronic bank transfer in UK pounds. We currently do not accept other forms of payment.
• You can cancel a Subscription at any time and we will refund each full remaining month of a paid Subscription (excluding any free extensions, if applicable) up to a maximum of 9 months of the annual Subscription fee.
• If you cancel a Subscription by “deleting” a firm from our system, we will still retain and use data for this firm (for the period up to the date that it was deleted) so that historical calculations are not affected. Data for a deleted firm will not be used in calculations after the date of its deletion.
• If you are a professional advisory firm such as an accountancy or management consultancy you may use Firmrater on behalf on your clients but you must do this by opening your own User Account. You are responsible for gaining the necessary authority from your clients to use Firmrater on their behalf. We will only deal with you and not your clients and we have no responsibility directly to your clients.
• You are responsible for the accuracy of all your own personal and business data. You must ensure that your contact details and all business data is kept up to date and is as accurate as possible.
• We do not check or audit the data entered by users and so we cannot guarantee or be responsible for the accuracy of users' data. However, we reserve the right to query data for a firm and to exclude it from our calculations if it appears materially inconsistent with other similar firms.
• If we exclude a firm from our calculations, you can still run Performance Reports for that firm if it has an active Subscription, but you accept that the contents of a Performance Report will be unreliable if the business data that you have provided is inaccurate or out of date.
• Data provided will be used anonymously. Neither you nor your firms will be identified to other users and, similarly, you will not be able to identify other users or their firms. This is to preserve your privacy and that of other users.
• You will not be able to run a Performance Report if you apply search filters which produce a filtered group of less than 5 firms. This is to preserve the privacy of other users and their firms. You can run a Performance Report for a group of less than 5 firms if all search filters are cleared.
• We may calculate, publish or sell aggregated, statistical data, such as indices, to third parties provided that it does not uniquely indentify you or your firms. This may include publication outside the UK.
• We may use the business data that you submit into the database until you delete it (although we will continue to use historic data, as referred to above) or until it is 1 year old, even if you do not go ahead and create a Subscription.
• We do not offer or provide any advice in relation to your Performance Reports beyond the general interpretation guide available on our website. If you need further guidance, please seek advice from your own professional adviser such as an accountant or suitable business consultant.
• It is your responsibility to decide whether or not to take any further advice or action based on your Performance Reports.
• We aim to make our website available 24 hours a day, 365 days a year, subject to planned maintenance and any unexpected outages.
• If our website suffers an unplanned outage of 4 hours or more in a day (other than for planned maintenance) we will add a day free of charge to your Subscription(s).
• We reserve the right to amend our website, the services offered to users, our Terms and Conditions, Privacy Policy and Pricing Plan from time to time and without prior
notice. We will not, however, reduce the functionality or capability of the website unless we are forced to do so by factors beyond our control (for example changes in legislation or technical limitations).
• We currently provide support by email only. If we cannot resolve your enquiry in writing we will arrange to speak to you.
• Our Terms and Conditions are governed by the laws of England and Wales.