Terms of Service

1. Who these terms are between

These Terms of Service ("Terms") are an agreement between Hyusein Rashid ("we", "us", "the Provider"), operating the InstallerQuote service at installerquote.com and app.installerquote.com ("the Service"), and the business that registers an account ("you", "the Customer").

By creating an account or using the Service you accept these Terms. If you are accepting on behalf of a company, you confirm you are authorised to bind that company.

2. The Service is for businesses

The Service is offered only to businesses and sole traders acting in the course of their trade. It is not offered to consumers, and you confirm that you are not registering as a consumer.

You must be able to form a binding contract and must provide accurate registration details, keeping them current.

3. Accounts and security

You are responsible for all activity under your account and for the confidentiality of the credentials used to access it. You must notify us promptly if you believe an account has been compromised.

You are responsible for the users you invite into your organisation and for the permissions you grant them.

4. Estimates are not professional advice

This clause is important and you should read it carefully.

The Service produces system sizing figures, projected annual production, estimated savings, payback periods and prices. All of these are indicative calculations produced from the assumptions and inputs that you supply. They are not an engineering assessment, a survey, a performance guarantee, financial advice or tax advice.

Actual system performance depends on factors the Service does not measure, including but not limited to shading, roof condition and orientation, weather, equipment specification and installation quality, grid conditions, tariff changes and occupant behaviour.

You are the professional. You are solely responsible for verifying every figure before relying on it, before including it in a quotation, and before presenting it to your own customer. You must carry out your own site survey and your own commercial judgement. You must not present output of the Service to your customers as a guaranteed outcome.

We do not warrant that any calculation, estimate or projection produced by the Service is accurate, complete or suitable for any particular installation.

5. Your data and your customers

You retain all rights in the data you enter into the Service, including your customer records, equipment catalogue and quotations ("Customer Data").

Where Customer Data contains personal data, you are the controller and we act as your processor. The terms of that processing are set out in our Data Processing Agreement, which forms part of these Terms.

You are responsible for having a lawful basis to enter personal data about your own customers into the Service, and for providing those individuals with any notice their law requires.

You grant us the limited right to host, process and transmit Customer Data solely to provide the Service to you, and to send quotation emails at your instruction.

6. Acceptable use

You must not:

• use the Service to send unsolicited or bulk email, or any message the recipient did not ask for
• enter personal data you have no lawful basis to process
• attempt to access another organisation's data, or probe, scan or test the security of the Service without our written permission
• interfere with or place undue load on the Service, or circumvent any rate limit or usage limit
• resell, sublicense or provide the Service to a third party as your own
• use the Service to breach any applicable law, including consumer protection, advertising and data protection law

Quotation email is provided for sending quotations to your own customers. Sending marketing or bulk messages through it is a breach of these Terms and we may suspend the feature or the account without notice.

7. Availability

We aim to keep the Service available but we do not commit to any particular level of availability, and we offer no service level agreement. The Service may be unavailable for maintenance, for reasons beyond our control, or because a third-party provider we depend on is unavailable.

Email delivery depends on providers and receiving mail systems we do not control. We do not guarantee that any message will be delivered, or delivered to an inbox rather than a spam folder.

We may change, add or remove features. If we make a change that materially reduces core functionality, we will give reasonable notice where practicable.

8. Trials, fees and payment

The Service may be offered on a free trial. At the end of a trial your account may become read-only until you subscribe to a paid plan. Your data remains readable.

Where fees apply, they will be stated at the point of subscription. Unless stated otherwise, fees exclude VAT and other applicable taxes, which you are responsible for.

We may change pricing on reasonable notice, taking effect at your next renewal.

9. Intellectual property

We retain all rights in the Service, including its software, design, documentation and trade marks. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for the duration of your subscription.

You may use documents the Service generates, including quotations and proposals, freely in your own business.

If you send us feedback or suggestions, we may use them without obligation to you.

10. Suspension and termination

You may stop using the Service and close your account at any time by contacting us.

We may suspend or terminate access if you materially breach these Terms, if your use threatens the security or stability of the Service, or if we are required to by law. Where practicable we will give notice and an opportunity to remedy.

On termination your right to use the Service ends. We will delete Customer Data in accordance with the Data Processing Agreement. Export any data you need before closing your account.

11. Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available". We disclaim all warranties not expressly stated in these Terms, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, secure against every attack, or that any defect will be corrected.

12. Limitation of liability

This clause is important and you should read it carefully.

To the fullest extent permitted by law, we are not liable for any loss of profit, loss of revenue, loss of business, loss of contracts, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss, however caused, even if we were advised such loss was possible.

In particular, and without limiting the above, we are not liable for any loss arising from your reliance on a sizing figure, production estimate, savings projection, payback period or price produced by the Service, nor for any quotation you issue, contract you enter into, or commitment you make to your own customer.

Our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, is limited to the greater of the total fees you paid us in the twelve months before the event giving rise to the claim, or one hundred euro (EUR 100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

You acknowledge that the fees for the Service reflect this allocation of risk, and that we would not provide the Service on these terms without it.

13. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your use of the Service in breach of these Terms, from Customer Data you enter, or from a claim by one of your own customers relating to a quotation or installation you provided.

14. Changes to these Terms

We may update these Terms. If a change is material we will give reasonable notice, by email or in the Service, before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and close your account.

15. General

If any provision is found unenforceable, the rest remains in force and the unenforceable provision applies to the maximum extent permitted.

Our failure to enforce a provision is not a waiver of it.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.

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

These Terms are written in English. Any translation is provided for convenience; if there is a discrepancy, the English version governs.

16. Governing law

These Terms are governed by the law of Bulgaria, and the parties submit to the exclusive jurisdiction of the courts of Bulgaria.

Questions about these Terms: hello@installerquote.com.