SOFTWARE SUBSCRIPTION AGREEMENT
1. Parties
This Agreement is made between:
WEEE Manager Ltd
Unit C1/2, Oak Park Estate, Northarbour Rd, Cosham, Portsmouth PO6 3TJ
(“the Provider”)
[COMPANY NAME]
[Company Address]
(“the Client”)
2. Definitions
“Platform” means the WEEE Manager cloud-based waste management software
“Services” means access to the Platform, hosting, setup, and updates
“Term” means the duration of this Agreement including renewals
3. Services
The Provider agrees to supply the Client with access to its cloud-based waste management software platform designed to support digital waste tracking and operational management.
The Services include:
- Secure cloud hosting
- Initial setup and onboarding
- Ongoing updates, improvements, and maintenance
- Access to system features and functionality
Further details: https://weeemanager.co.uk/
4. Term
This Agreement shall commence on [todays date] and continue for a minimum period of 12 months (“Initial Term”).
Following the Initial Term, the Agreement will automatically renew for successive 12-month periods unless terminated in accordance with Section 7.
5. Fees and Payment
The Client agrees to pay:
£[PRICE] per month
Payable monthly in advance
The fee includes hosting, setup, maintenance, and updates.
6. Late Payment and Enforcement
If payment is not received when due:
- The Provider may suspend access immediately without notice
- A late payment charge of 5% may be applied to overdue amounts
- Interest may be charged at 8% above the Bank of England base rate, accruing daily
- The Client shall be responsible for all reasonable costs of recovery, including legal fees and debt collection charges
The Provider reserves the right to terminate access where non-payment persists.
7. Cancellation and Termination
7.1 End of Term Cancellation
The Client must provide written notice prior to the end of the current Term.
Failure to do so will result in automatic renewal for a further 12 months.
7.2 Early Termination (Strict Enforcement)
If the Client terminates this Agreement before the end of the Term:
- The full remaining contract value becomes immediately due and payable
- Access will remain suspended or active at the Provider’s discretion
- The Agreement will only be considered terminated once all outstanding amounts are paid in full
- No refunds or pro-rata reductions will be given under any circumstances.
7.3 Termination by Provider
The Provider may terminate this Agreement immediately if:
- The Client breaches any material term
- Non-payment continues beyond a reasonable period
- The Client misuses the Platform
8. Data Export
Upon termination:
- Data export is available upon request
- A fixed fee of £100 applies
- Data will be supplied in a reasonable format determined by the Provider
- The Provider is under no obligation to retain data after termination.
9. Licence and Intellectual Property
The Platform remains the sole property of WEEE Manager Ltd
The Client is granted a limited, non-exclusive, non-transferable licence to use the Platform
The Client shall not:
- Copy, replicate, or reverse engineer the Platform
- Resell, sublicense, or commercially exploit the Platform
- Attempt to gain unauthorised access
All intellectual property rights remain with the Provider.
10. Acceptable Use
The Client agrees:
- To use the Platform lawfully and in accordance with UK regulations
- Not to upload or process unlawful, harmful, or misleading data
- Not to interfere with system performance or security
11. Compliance Disclaimer
The Platform is designed to support waste tracking processes. However:
- The Provider does not guarantee regulatory compliance
- The Client remains fully responsible for:
- Legal compliance
- Accuracy of submitted waste data
- Meeting all environmental and regulatory obligations
12. Hosting and Infrastructure
The Platform is hosted and maintained by the Provider using third-party cloud infrastructure and supporting services.
The Client acknowledges that:
- The Platform is delivered over the internet and is dependent on external infrastructure
- The Provider may utilise third-party hosting providers, data centres, and supporting services
- The Provider does not have full control over all elements of the hosting environment
13. Service Availability (No Guaranteed Uptime)
The Provider will use reasonable endeavours to ensure the Platform is available and functioning correctly.
However, the Client acknowledges and agrees that:
- The Platform is provided on an “as available” basis
- The Provider does not guarantee uninterrupted or error-free operation
- Downtime may occur from time to time
This includes, but is not limited to:
- Scheduled maintenance
- Emergency maintenance
- Server outages
- Network issues
- Third-party service failures
- Cyber incidents or security events
14. Maintenance and Updates
The Provider reserves the right to:
- Perform scheduled maintenance at any time
- Deploy updates, patches, or improvements without notice
- Temporarily suspend access where required to maintain system integrity
Where possible, reasonable notice will be given, but this is not guaranteed.
15. No Liability for Downtime
To the fullest extent permitted by law:
The Provider shall not be liable for any loss, damage, or disruption caused by:
- Platform downtime or inaccessibility
- Hosting or server failures
- Internet connectivity issues
- Delays in system performance
- Data transmission failures
This includes (but is not limited to):
- Loss of business
- Loss of revenue
- Missed compliance deadlines
- Operational disruption
16. Third-Party Services Disclaimer
The Platform may rely on third-party services, including but not limited to:
- Hosting providers
- APIs
- Notification systems
- Data services
The Provider:
- Makes no guarantees regarding the availability or performance of third-party services
- Shall not be held responsible for failures caused by third-party providers
17. Backup and Data Responsibility
The Provider will take reasonable steps to maintain system integrity and backups.
However:
- The Provider does not guarantee against data loss
- The Client is responsible for maintaining its own records where required for compliance or operational purposes
18. Suspension for Protection
The Provider reserves the right to suspend access to the Platform without notice where necessary to:
- Protect system security
- Prevent misuse or abuse
- Respond to technical incidents
- Maintain service stability
19. Limitation of Liability
To the fullest extent permitted by law:
The Provider shall not be liable for:
- Indirect or consequential losses
- Loss of profit, business, or data
Total liability shall not exceed the total fees paid by the Client in the preceding 12 months
20. Indemnity
The Client agrees to indemnify and hold harmless the Provider against any claims, damages, or liabilities arising from:
- Misuse of the Platform
- Breach of this Agreement
- Failure to comply with applicable laws
21. Force Majeure
The Provider shall not be liable for failure or delay caused by events outside its reasonable control, including but not limited to:
- Internet outages
- Hosting failures
- Natural events
- Government actions
22. General
- This Agreement is governed by the laws of England and Wales
- Any disputes shall be subject to the exclusive jurisdiction of UK courts
- This Agreement constitutes the entire agreement between the parties
- No variation shall be valid unless agreed in writing
23. Acceptance
Signed for and on behalf of WEEE Manager Ltd
Name: Chad Donoghue
Position: Director
Signature: Electronically authorised
Date: [todays date]
Signed for and on behalf of [company name]
Name:
Position:
Signature: Agreed electronically by accepting this Agreement
Date: [todays date]