Legal
Terms of Service
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These Terms of Service ('Terms') govern your access to and use of the HC38PM platform and related services ('Service') provided by Summit Direct Solutions Ltd, trading as HC38PM ('we', 'us', or 'our'). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
1. Definitions
'Platform' means the HC38PM software-as-a-service application accessible at hc38pm.com and any associated mobile applications. 'Subscriber' means the business or individual who has entered into a subscription agreement with us. 'User' means any individual authorised by a Subscriber to access the Platform. 'Content' means any data, text, files, or other materials uploaded to or created within the Platform by a Subscriber or User.
2. Eligibility and Account Registration
You must be at least 18 years old and have the legal authority to enter into a binding contract on behalf of your organisation to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect any unauthorised access to your account.
3. Subscription and Payment
Access to the Platform is provided on a subscription basis. Subscription fees are charged per user per month as set out on our Pricing page. Fees are invoiced monthly or annually in advance depending on your chosen plan. All fees are exclusive of VAT, which will be added at the applicable rate. Failure to pay fees when due may result in suspension or termination of your access. We reserve the right to change our pricing with 30 days' written notice.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not: (a) use the Service to transmit unlawful, harmful, or fraudulent content; (b) attempt to gain unauthorised access to any part of the Platform or its infrastructure; (c) reverse engineer, decompile, or disassemble any part of the Platform; (d) resell, sublicense, or otherwise make the Service available to third parties without our prior written consent; (e) use the Service in a way that could damage, disable, or impair its performance.
5. Intellectual Property
The Platform, including all software, designs, trademarks, and content created by us, is owned by Summit Direct Solutions Ltd and protected by intellectual property laws. These Terms do not grant you any ownership rights in the Platform. You retain ownership of all Content you upload to the Platform. By uploading Content, you grant us a limited licence to store, process, and display that Content solely for the purpose of providing the Service to you.
6. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We process personal data in accordance with UK GDPR and the Data Protection Act 2018. As a Subscriber, you are the data controller for any personal data relating to your employees, clients, or contacts that you upload to the Platform. We act as a data processor on your behalf and will process such data only in accordance with your instructions and our Data Processing Agreement.
7. Service Availability and Support
We aim to provide the Platform with at least 99.5% uptime, excluding scheduled maintenance. We will endeavour to provide advance notice of planned maintenance. We do not guarantee that the Service will be uninterrupted or error-free. Support is provided by email at [email protected] during UK business hours (Monday to Friday, 9am–5:30pm GMT). Enterprise subscribers may be entitled to enhanced support as set out in their agreement.
8. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service, and not to disclose such information to third parties without prior written consent. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
9. Limitation of Liability
To the fullest extent permitted by law, Summit Direct Solutions Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including loss of profits, data, or business opportunities. Our total aggregate liability to you in connection with these Terms shall not exceed the total fees paid by you to us in the 12 months preceding the claim. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
10. Indemnification
You agree to indemnify and hold harmless Summit Direct Solutions Ltd, its officers, directors, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or relating to your use of the Service, your Content, or your breach of these Terms.
11. Term and Termination
These Terms remain in effect for the duration of your subscription. Either party may terminate the subscription with 30 days' written notice. We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, or if we are required to do so by law. Upon termination, your right to access the Platform ceases. We will retain your data for 30 days following termination, after which it will be deleted in accordance with our data retention policy.
12. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or by displaying a notice within the Platform at least 14 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
13. Governing Law and Disputes
These Terms are governed by the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. We will always try to resolve any dispute informally in the first instance — please contact us at [email protected] before initiating formal proceedings.
14. Contact Us
If you have any questions about these Terms, please contact us at: Summit Direct Solutions Ltd, Email: [email protected], Website: hc38pm.com.
Questions about these Terms?
[email protected]