These terms form the agreement between Herdsman UK LTD ("we", "us") and the business that signs up for Herdsman (the "Customer", "you"). By creating an account or using the Service you accept these terms on behalf of that business and confirm you have authority to do so.
1. The Service
Herdsman is software for managing field service work, including jobs, scheduling, engineers, clients, quotes, timesheets and related records, delivered through a web application, a client portal and an engineer mobile app (the "Service"). The Service is provided to businesses only, not to consumers.
2. Accounts
- The person who creates the company account is its owner and controls billing, data exports and account closure.
- You are responsible for everyone you give access to, including staff, engineers and client portal users, and for keeping login details secure.
- Tell us promptly at support@herdsman.uk if you suspect unauthorised access.
3. Trials, subscriptions and payment
- New accounts may start with a free trial. When it ends, continued use needs a paid subscription.
- Subscriptions are billed in advance through Stripe, per user or engineer seat, at the prices shown when you subscribe. Prices exclude VAT.
- Subscriptions renew automatically each billing period until cancelled. Seat changes are prorated.
- You can cancel at any time; access continues until the end of the period already paid for. Fees already paid are non-refundable except where the law requires.
- If payment fails we may restrict access until it is resolved.
- We may change prices with at least 30 days' notice, taking effect from your next renewal.
4. Acceptable use
You must not:
- use the Service unlawfully, or to store content you have no right to hold;
- attempt to access other customers' data, or probe, disrupt or overload the Service;
- reverse engineer the Service, or resell it without our written agreement; or
- upload malware or anything that infringes someone else's rights.
We may suspend access where this is needed to protect the Service or other customers, and will tell you why where we can.
5. Your data
You own all data you or your users put into the Service ("Customer Data"). You give us permission to host, copy and process it only as needed to provide the Service to you, to keep it secure, and as the law requires.
You can download a complete copy of your Customer Data, including uploaded files, at any time from Settings → Data & privacy.
6. Engineer mobile app
The engineer app records device details, push notification tokens and, when an engineer checks in or out of a job, their location. You are responsible for telling your engineers about this and for having a lawful basis to collect it.
7. Data protection
For Customer Data that is personal data, you are the controller and we are your processor. This section is our data processing agreement for the purposes of Article 28 of the UK GDPR. We will:
- process Customer Data only on your documented instructions, which are these terms and your use of the Service, unless the law requires otherwise;
- ensure everyone who can access Customer Data is bound by confidentiality;
- keep appropriate technical and organisational security measures in place;
- use only the sub-processors listed in our Privacy Policy, give you at least 30 days' notice of any new sub-processor so you can object, and remain responsible for them;
- transfer Customer Data outside the UK only with appropriate safeguards;
- help you respond to requests from individuals exercising their data protection rights, and with security, breach notification and data protection impact assessments;
- notify you without undue delay after becoming aware of a personal data breach affecting Customer Data;
- delete Customer Data at the end of the Service as described in section 11, unless the law requires us to keep it; and
- make available the information needed to show we meet these obligations, and allow for reasonable audits on reasonable notice.
The processing covers the categories of data described in our Privacy Policy, about your staff, engineers, clients and client contacts, for the duration of your subscription, for the purpose of providing the Service.
8. Availability and support
We aim to keep the Service available and to fix faults promptly, but do not guarantee uninterrupted or error-free operation. We may carry out maintenance, which we will try to schedule outside normal working hours. Support is available by email at support@herdsman.uk.
9. Intellectual property
We own the Service and all rights in it. We grant you a non-exclusive, non-transferable right to use it for your internal business purposes during your subscription. Feedback you give us may be used freely to improve the Service.
10. Confidentiality
Each party will keep the other's confidential information secret and use it only for this agreement, except where it is already public, independently developed, or must be disclosed by law.
11. Closing your account and termination
- The account owner can close the account at any time from Settings → Data & privacy. The subscription is cancelled and the account remains usable until the end of the current billing period, after which it is locked. All Customer Data and files are permanently deleted 30 days after access ends, and the closure can be cancelled at any point before then.
- If a trial or subscription ends and is not renewed, we will email the account owner, and permanently delete the account and its Customer Data 90 days after it lapsed.
- Either party may end this agreement if the other materially breaches it and does not fix the breach within 30 days of notice.
- Please download any data you want to keep before it is deleted. Deleted data cannot be recovered, although it may persist in encrypted backups for up to 30 days.
12. Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law. Otherwise, neither party is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill, and each party's total liability under this agreement in any 12-month period is limited to the fees paid by you in that period.
13. Changes to these terms
We may update these terms. We will give account owners at least 30 days' notice by email of any material change. Continuing to use the Service after a change takes effect means you accept it.
14. General
These terms are the entire agreement between us about the Service. If any part is found unenforceable, the rest still applies. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
15. Contact
Herdsman UK LTD, 1 Example Street, Leicester, LE1 1AA. Email: support@herdsman.uk.