Terms and Conditions
These terms govern your use of BadgerRMS, a hosted rental management service (the Service). By creating an organisation, signing in or otherwise using the Service you agree to them on behalf of the business you represent. If you do not agree, do not use the Service.
Operator details to be completed before launch: registered company name, company number and registered office address.
1. Who we are and who these terms apply to
The Service is provided by BadgerRMS ("we", "us"). It is intended for use by businesses and organisations, not consumers. By using it you confirm you are acting for a business, you are at least 18, and you have authority to bind that business ("you", "the Customer").
2. Free trial
New organisations receive a free trial of 14 days from sign-up. No payment card is needed. When the trial ends, access to the organisation may be suspended until a paid plan is agreed with us. After a trial ends we may delete the organisation and its database. Export anything you need before then. Trial accounts are provided without any commitment to availability or support.
3. Your account and security
- You are responsible for everything done through your organisation's logins, and for keeping passwords confidential.
- Choose strong, unique passwords (at least 10 characters are required) and remove access for people who leave.
- Tell us promptly at support@badgerrms.co.uk if you suspect unauthorised access.
- You must give accurate sign-up information and keep it up to date.
4. Acceptable use
You must not: break the law using the Service; attempt to access another organisation's data or our systems without permission; probe, scan or test the Service for vulnerabilities without our written consent; upload malware; overload the Service or use it to send spam; resell or sublicense it without our consent; or use it to store content you have no right to hold.
5. Your data
Ownership. As between us and you, you own the data you put into the Service ("Customer Data"). You give us a licence to host, copy, process and display it only to provide, secure, support and improve the Service for you.
Your responsibilities. You are responsible for the accuracy, legality and content of Customer Data, for having a lawful basis to enter personal data about your own customers, crew and suppliers, and for keeping your own copies. The Service is not a backup or archive. Use the export features (for example the CSV downloads and the JSON feeds) to keep your own copies of anything important.
Separate databases. Each organisation's Customer Data is kept in its own database file, separate from other organisations.
6. Data protection
For personal data contained in Customer Data, you are the controller and we are your processor under UK GDPR and the Data Protection Act 2018. We will: process it only on your documented instructions (these terms and your use of the Service are your instructions); ensure people authorised to process it are bound by confidentiality; apply appropriate technical and organisational security measures, as described in our Privacy Policy; use sub-processors (such as our hosting provider) only under written terms offering equivalent protection, and tell you if we change them where required; help you respond to data subject requests and meet your security and breach-notification duties, taking into account the nature of the processing; notify you without undue delay after becoming aware of a personal data breach affecting Customer Data; and, at your choice, delete or return Customer Data at the end of the Service, unless the law requires us to keep it. You may request this at support@badgerrms.co.uk. Our own use of personal data about your users (as controller) is explained in the Privacy Policy.
7. The Service, accuracy and professional advice
We aim to provide a reliable Service but it is provided "as is" and "as available". We do not promise it will be uninterrupted, error-free or suitable for your particular purpose, and we may change, add or remove features. Planned maintenance may cause short interruptions.
The Service performs calculations and generates documents, including prices, discounts, VAT, availability, shortages, invoices, quotations, contracts, delivery notes, picking lists, warehouse records and ATA Carnet general lists. These are tools to help you, not accounting, tax, legal, insurance or customs advice. You are responsible for checking that every figure and document is correct and complies with the law, and with the rules of any chamber of commerce, customs authority, insurer, customer or supplier, before you rely on it, issue it or submit it. Integrations with third-party services (for example Xero) depend on those services and your own credentials; we are not responsible for them.
8. Limitation of liability
8.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
8.2 Subject to clause 8.1, to the fullest extent permitted by law, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for: (a) any financial loss; (b) loss of profit, revenue, income, business, contracts, goodwill or anticipated savings; (c) loss, corruption or unavailability of data; (d) loss arising from any inaccuracy in calculations, totals, VAT, availability or generated documents; (e) lost, damaged, stolen or mis-booked equipment, missed or double-booked jobs; (f) customs duties, taxes, fines, penalties or charges imposed by any authority, including those arising from an ATA Carnet or any other customs document; or (g) any indirect or consequential loss; in each case whether or not it was foreseeable or we were told it was possible.
8.3 Subject to clause 8.1, our total liability to you for all claims arising out of or in connection with the Service in any period of 12 months is limited to the greater of (a) £100 and (b) the fees you paid us for the Service in the 12 months before the claim arose.
8.4 You agree these limits are reasonable given the nature of the Service and the price charged (including that the free trial is free), and that you can insure against the losses excluded here.
9. Suspension and termination
You may stop using the Service at any time and ask us to close your organisation. We may suspend or end access immediately if you breach these terms, if we reasonably suspect misuse or a security risk, if a trial ends, or if payment is overdue, and otherwise on 30 days' notice. Clauses that by their nature should survive (including clauses 5, 6, 7, 8 and 11) will do so.
10. Intellectual property
We and our licensors own the Service, its software and branding. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes while these terms apply. Feedback you give us may be used without restriction.
11. General
- Changes to these terms. We may update these terms. We will give reasonable notice of material changes (for example by email or in the Service). Continued use after the notice period means you accept them.
- Entire agreement. These terms and the Privacy Policy are the whole agreement about the Service.
- Assignment. You may not transfer your rights without our consent. We may transfer ours to a successor of our business.
- Severance and waiver. If a provision is unenforceable the rest continues. A failure to enforce a right is not a waiver of it.
- Third parties. No one else has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
- Events beyond our control. We are not liable for delay or failure caused by events outside our reasonable control, including hosting or network failures and third-party outages.
- Notices. Contact us at support@badgerrms.co.uk. We may contact you at the email address on your account.
12. Governing law
These terms, and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes), are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
13. Contact
Questions about these terms: support@badgerrms.co.uk.