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Terms and Conditions of Use

Ubiqs Property Limited
Website: www.Ubiqs.co.uk

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the Ubiqs property management and document repository service ("Service") provided through our website at www.Ubiqs.co.uk ("Website"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use our Service. These Terms constitute a legally binding agreement between you ("User", "you", or "your") and UBIQS Property Limited, trading as UBIQS.co.uk ("we", "us", or "our").

"UBIQS Property Limited is a company registered in England with company number 15429732, trading as UBIQS.co.uk."

2. Description of Service

"UBIQS Property Limited, trading as UBIQS.co.uk, provides a secure digital repository service" for property owners to store, organise, and manage property-related documents for tax and administrative purposes. Our Service includes:

Secure document storage and organisation
Document categorisation for tax purposes
Access to stored documents via secure login
Document retention suitable for UK tax purposes
Property management tools and reporting features

3. User Eligibility and Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using our Service, you represent and warrant that you meet these requirements.

3.1.1Trial and Demonstration Services

Our trial compliance checking tools are provided for evaluation purposes only. By using these tools you acknowledge that:

- Results are for demonstration only and do not constitute professional advice

- We provide no warranty regarding accuracy of trial results

- You remain solely responsible for actual compliance with licensing requirements

- No data submitted through trial forms is stored or retained

- Trial tools may have limited functionality compared to full services

3.2 Account Registration

To access our Service, you must create an account by providing accurate, complete, and current information. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account

3.3 Account Security

You must choose a strong password and keep it secure. We recommend using two-factor authentication where available.

4. Data Protection and GDPR Compliance

4.1 Controller and Processor Roles

For User Account Data: Ubiqs acts as data controller for all personal data related to user accounts, platform usage, service provision, billing, and platform improvement activities.

For Property and Tenant Documents: When you upload documents containing personal data of tenants or other third parties, Ubiqs acts as data processor. You remain the data controller for all such personal data and are responsible for ensuring lawful basis and compliance with UK GDPR requirements.

Joint Controller Arrangements: Where Ubiqs and users jointly determine the purposes and means of processing personal data (such as automated document categorisation or reporting features), both parties acknowledge joint controller responsibilities with clear allocation of obligations as specified in our Data Processing Agreement.

4.2 User Data Protection Obligations

Each user warrants and undertakes to:

(a) Data Collection: Only upload documents containing personal data where valid lawful basis exists and data is necessary for specified purposes

(b) Privacy Notices: Provide compliant privacy notices to all data subjects (including tenants) before or at the point of data collection

(c) ICO Registration: Maintain current ICO registration and data protection fee payment where required (currently £52 annually for micro-landlords)

(d) Data Accuracy: Ensure all uploaded data is accurate, up-to-date, and regularly reviewed

(e) Security: Implement appropriate security measures including strong passwords and access controls

(f) Staff Training: Ensure all staff with access to the Service receive appropriate data protection training

(g) Retention: Delete or anonymize personal data when no longer necessary for stated purposes

(h) Breach Response: Immediately notify Ubiqs of any suspected data breaches involving personal data stored on our Service

4.3 Lawful Basis for Processing

Contract Basis (Article 6(1)(b)): Processing personal data necessary for service provision, account management, and document storage services

Legal Obligation (Article 6(1)(c)): Processing required by law, including tax record retention, regulatory compliance, and court orders

Legitimate Interests (Article 6(1)(f)): Processing for service improvement, security monitoring, fraud prevention, and technical maintenance, subject to appropriate balancing tests

Consent (Article 6(1)(a)): Required for marketing communications and non-essential data sharing. Consent must be freely given, specific, informed, and withdrawable

4.4 Data Subject Rights Procedures

Platform Assistance: Ubiqs will provide reasonable assistance to users in responding to data subject requests, including:

Locating relevant data within the platform
Providing data export functionality in machine-readable format
Facilitating data corrections or deletions
Implementing temporary processing restrictions

Response Timeframes: Users must respond to data subject requests within one month of receipt. Ubiqs will provide technical assistance within 5 business days of receiving user requests.

Self-Service Capabilities: The Platform provides data subjects with direct access to view and download their personal data where technically feasible.

Escalation Process: Data subjects may contact Ubiqs directly if users fail to respond appropriately to data subject requests.

4.5 Data Breach Notification

Platform Breach Response: In the event of a security breach affecting platform infrastructure, Ubiqs will:

Contain the breach immediately
Notify affected users within 24 hours
Provide detailed breach information to enable user compliance assessment
Assist users in notifying ICO where required
Maintain detailed incident logs

User Data Breach Response: Users must:

Notify Ubiqs immediately upon discovering or suspecting a breach
Cooperate fully with platform investigation
Conduct risk assessment for personal data impact
Notify ICO within 72 hours if breach likely to result in risk to data subject rights and freedoms
Notify affected data subjects if high risk to their rights and freedoms

5. Data Processing Agreement (DPA) Provisions

5.1 Processing Specifications

Ubiqs shall process Personal Data solely for the purpose of providing Platform Services including:

Document storage, organisation, and retrieval
Document categorisation and reporting
User account management and authentication
Service support and maintenance
Legal compliance and regulatory reporting

Data Categories: Identity data, contact information, property information, financial documents, tenancy documentation, communication records

Processing Activities: Collection, storage, organisation, consultation, use, disclosure, combination, restriction, erasure as specified in user instructions

Technical Limitations: No processing for AI training without explicit consent, no cross-user data analysis, no automated decision-making without explicit user authorisation

5.2 Security Measures

Technical Security Measures: (a) Encryption of personal data at rest using AES-256 or equivalent standard (b) Encryption in transit using TLS 1.3 or current industry standard (c) Multi-factor authentication for all system access (d) Regular automated security scanning and vulnerability assessment (e) Secure backup systems with encrypted storage and tested recovery procedures (f) Access logging and monitoring with real-time alert capabilities

Organisational Security Measures: (a) Information security policies reviewed annually (b) Staff background checks and security training programs (c) Segregation of duties and least privilege access principles (d) Regular security audits and penetration testing (e) Business continuity and disaster recovery plans tested annually

5.3 Sub-processor Management

Users provide general written authorization for Sub-processors in these categories:

Cloud hosting and infrastructure services (currently Wix.com with EEA data centres for UK/European users)
Data backup and disaster recovery services
Customer support and help desk services
Payment processing services (when applicable)

Change Management: (a) 30 days written notice of any intended Sub-processor changes (b) Users may object on reasonable data protection grounds within 30 days (c) If objection cannot be resolved, users may terminate affected services without penalty (d) All Sub-processors must enter equivalent data protection obligations per Article 28(4)

5.4 Data Retention and Deletion

Category-Specific Retention Periods:

User Account Data: Duration of account + 7 years
Property Documents (Tax-related): 7 years from upload or as legally required
System Access Logs: 2 years
Communication Records: 3 years
Backup Data: Retained for 30 days after primary deletion

Automated Deletion Process: (a) Flag data approaching retention deadlines 90 days in advance (b) Notify users of pending deletions with opportunity to extend if justified (c) Securely delete data from all systems including backups upon expiration (d) Provide deletion certificates confirming complete removal upon request

5.5 International Transfers

Data processing is conducted within the UK and EU through Wix's EEA data centres. Wix ensures GDPR compliance by storing UK and European user data in data centres located within the European Economic Area (EEA) whenever possible. Any transfers outside these jurisdictions will only occur with appropriate safeguards including Standard Contractual Clauses or adequacy decisions.

5.6 Liability and Indemnification

Ubiqs Indemnification: Subject to limitations below, Ubiqs shall indemnify users against: (a) Fines imposed by supervisory authorities arising directly from Ubiqs' breach of this DPA (b) Third-party claims for damages caused by Ubiqs' unlawful processing (c) Costs of breach notification and remediation where breach results from Ubiqs' fault

User Indemnification: Users shall indemnify Ubiqs against: (a) Claims arising from users' unlawful instructions or provision of inaccurate data (b) Fines imposed due to users' failure to obtain lawful basis for processing (c) Claims relating to users' own privacy notices or consent collection processes

Liability Limitations:

Maximum annual liability cap of £100,000 or 12x monthly fees paid (whichever is greater, minimum £10,000)
Excludes consequential, indirect, or punitive damages
Both parties maintain appropriate professional indemnity and cyber liability insurance

6. Acceptable Use Policy

6.1 Permitted Use

You may use our Service only for legitimate property document storage and management purposes related to your property ownership or management activities.

6.2 Prohibited Activities

You agree not to:

Upload any content that is illegal, harmful, threatening, abusive, or violates any law
Use the Service to store documents you do not have the legal right to possess or distribute
Upload personal data without appropriate lawful basis under UK GDPR
Attempt to gain unauthorised access to other users' accounts or documents
Upload malware, viruses, or any malicious code
Use the Service for any commercial purposes other than managing your own property documents or those you are authorised to manage as an agent
Share your account credentials with unauthorised parties
Interfere with or disrupt the Service or its security features
Use automated systems to access the Service without our express written permission

7. Document Storage and Management

7.1 Document Ownership

You retain full ownership of all documents you upload to our Service. We do not claim any ownership rights to your content.

7.2 Document Types

It is essential you read and understand each document before you upload a document to our service. Our Service is designed for property-related documents including but not limited to:

Tenancy agreements and related documents
Maintenance and repair records
Insurance documentation
Tax-related property documents
Safety certificates (gas, electrical, EPC)
Property management correspondence

7.3 Storage Limitations

We may impose reasonable limits on storage capacity, file sizes, and number of documents per account. Current limitations will be communicated through your account dashboard.

7.4 Document Retention

We will retain your documents according to the retention periods specified in Section 5.4 above and as required by law.

8. Service Availability and Performance

8.1 Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. The Service is provided "as is" and "as available."

8.2 Maintenance and Updates

We may perform scheduled maintenance that temporarily affects Service availability. We will provide reasonable notice of planned maintenance where possible.

8.3 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice to users.

9. Fees and Payment Terms

9.1 Current Beta Service

The Service is currently provided free of charge during our beta testing phase. We reserve the right to introduce fees for the Service in the future.

9.2 Future Fee Implementation

If fees become applicable:

We will provide at least 30 days' notice before implementing any charges
Details of our pricing structure will be made available on our website
All fees will be stated in GBP and include applicable VAT where required
You will have the option to accept the new fee structure or terminate your account

9.3 Payment Terms (When Applicable)

Once fees are introduced:

Fees will be payable in advance for the selected service period
Payment will be due within 7 days of invoice date
We reserve the right to suspend Service for non-payment after reasonable notice

9.4 Refunds (When Applicable)

Refund policies will be outlined separately when fee-based services are introduced.

10. Intellectual Property Rights

10.1 Our Intellectual Property

The Service, including its design, functionality, and underlying technology, is protected by intellectual property rights owned by or licensed to us. Our proprietary technology includes, but is not limited to:

Document analysis and compliance categorisation systems
Automated property compliance checking methodologies
Database compilation and organisation methods
User interface design and workflow optimization

"UBIQS", our logo, and related marks are our trademarks. We also own database rights in the compilation, arrangement, and selection of data within our Service.

10.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

10.3 Your Content License

By uploading documents, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service.

10.4 Restrictions on Use

You agree not to:

Reverse engineer, decompile, or attempt to derive our proprietary methods or source code.
Copy, modify, or create derivative works of our technology.
Use our Service to develop competing products.
Extract data for competitive intelligence purposes.
Use our trademarks without written permission.

10.5 Platform Improvements

Any suggestions, feedback, or improvements you provide become our property and may be incorporated into the Service without compensation or attribution.

10.6 Third-Party Integration

You acknowledge that our Service utilises various third-party technologies and infrastructure services to deliver functionality, all integrated through our proprietary systems and business logic.

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM (MINIMUM £1,000).

11.3 Exclusions

WE SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
LOSS OF DATA (EXCEPT WHERE CAUSED BY OUR NEGLIGENCE)
BUSINESS INTERRUPTION OR LOST PROFITS
ANY DAMAGES ARISING FROM YOUR MISUSE OF THE SERVICE

11.4 Legal Limitations

Nothing in these Terms shall exclude or limit our liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any other liability that cannot be excluded under applicable law

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Content you upload to the Service
Your failure to comply with data protection obligations

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or using account closure features in the Service.

13.2 Termination by Us

We may terminate or suspend your account immediately if you:

Breach these Terms
Engage in prohibited activities
Fail to pay applicable fees after reasonable notice
Violate data protection requirements

13.3 Effect of Termination

Upon termination:

Your access to the Service will cease
We will retain your documents for 30 days for potential reactivation
After 30 days, all documents will be permanently deleted unless legally required to retain
You may request immediate deletion of personal data subject to legal retention requirements

14. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, internet failures, or other force majeure events.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of England and Wales.

15.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15.3 Alternative Dispute Resolution

We encourage resolution of disputes through direct communication. For property-related service disputes, we are members of relevant property redress schemes where applicable.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

16.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

16.5 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Continued use of the Service after changes constitute acceptance of the updated Terms.

16.6 Beta Testing Acknowledgment

You acknowledge that the Service is currently in beta testing phase. While we strive to provide a reliable service, you understand that beta services may contain bugs or incomplete features. We appreciate your feedback to help improve the Service.

17. Technology & Innovation

17.1 Proprietary Systems

Our compliance analysis and document processing systems represent significant technological investment and trade secrets.

17.2 Competitive Restrictions

During use of our Service and for 12 months after termination, you agree not to:

Use insights gained from our Service to develop competing technology
Share our methodologies with competitors
Attempt to replicate our compliance categorization systems

17.3 Open Source Components

Where we use open source components, your use is subject to applicable open source licenses, available upon request.

18. Contact Information

For questions about these Terms, data protection matters, or our Service, please contact us at:

Company: UBIQS Property Limited (trading as UBIQS.co.uk)
Email: enquiries@ubiqs.co.uk
Data Protection Officer: enquiries@ubiqs.co.uk
Address: 2 St. Thomas's Square, Salisbury, Wiltshire, England, SP1 1BA
Company Registration: 15429732 (Previously UBIQS Solutions Ltd)
ICO Registration: ZB835868 (Valid until December 2025)

Last Updated: 22 June 2025
Version: 2.0

This document has been prepared for UBIQS Property Limited trading as UBIQS.co.uk a Property Management and Document Repository Service.

IMPORTANT NOTICE: These Terms include comprehensive data protection provisions. Users processing personal data through our Service must ensure they have an appropriate lawful basis and comply with UK GDPR requirements. If you are unsure about your data protection obligations, please seek legal advice or contact the ICO directly.