Terms of Service

1. Who we are and these terms

1.1 Accelur8 Ltd is a company registered in the United Kingdom, trading from Cwmbran, Wales, and supplies the SparkOps cleaning operations system to business customers. Contact us at support@accelur8.com or visit https://www.accelur8.com. The company number and registered office address must be added before publication.

1.2 These Terms of Service form the agreement between Accelur8 Ltd (we, us or Supplier) and the business customer named in the order or subscription confirmation (you or Customer). They apply to the SparkOps hosted software service, onboarding and related support (Service).

1.3 The agreement comprises these terms, the confirmed order and Schedule 1. An express variation in an order applies only to that order; Schedule 1 prevails on data processing.

1.4 The Service is for business use only. By signing, accepting a subscription or using the Service after receiving these terms, you confirm your authority to agree for the business.

2. Definitions and interpretation

2.1 Account means your organisation's SparkOps account and its authorised user profiles. Applicable Data Protection Law means the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (PECR), and applicable laws that replace or supplement them.

2.2 Client Data means information, including personal data, entered into or generated through the Service for you or on your instructions. It can include job details, rotas, actual hours, payroll exports, your customers' names, addresses, access codes and notes, and your cleaners' details.

2.3 Customer Personal Data means personal data in Client Data for which you determine the purposes and means of processing. Data Protection Legislation means the UK GDPR, the Data Protection Act 2018, PECR and applicable laws that replace or supplement them. Fees means the setup fee and subscription fees in clause 6. Start Date means the date the Service first becomes available to you. User means an authorised user profile in your Account.

2.4 Headings are for convenience. "Including" means "including without limitation". References to a clause or Schedule are to these terms. "In writing" includes email.

3. Service and onboarding

3.1 We provide the SparkOps hosted software service for your internal business operations, including scheduling, cleaner job cards, checklists, client and property records, quoting and hours review. We will set it up around how you already work, import your existing clients and checklists where agreed, and help your team start using it.

3.2 Onboarding covers configuration, importing data where agreed, and getting your team started. We will use reasonable endeavours to have most businesses live within 5 days, subject to your timely cooperation and the volume and quality of data to import.

3.3 You are responsible for internet access, compatible equipment and accurate information, and should keep appropriate business records subject to clause 15.

3.4 We may update or change the Service, features or functions from time to time. We will use reasonable endeavours to avoid materially reducing core functionality during a paid subscription term.

3.5 We may provide guidance and best‑practice suggestions. You remain responsible for your business decisions, Client Data and compliance with laws applicable to your business.

4. Accounts, access and acceptable use

4.1 You administer your Account and User access. You are responsible for keeping credentials secure, for Users' use of the Service, and for removing access when no longer needed.

4.2 You must use the Service lawfully and only for your internal business operations. You must not misuse it, attempt to gain unauthorised access, interfere with others' use, reverse engineer it, or enter data you do not have the right to process.

4.3 You must keep Client Data accurate and limit it to what is necessary. You must not enter special category or criminal offence data unless the conditions in clause 9.4 are met and you have agreed appropriate safeguards with us.

4.4 We may suspend access where reasonably necessary to address a security threat, unlawful use, material risk to another customer or a legal requirement, subject to clause 14.

5. Customer responsibilities and customer data

5.1 You are responsible for the accuracy, lawfulness and appropriateness of Client Data you enter, and for having the rights and consents needed to process it through the Service.

5.2 You must give any privacy information required to the individuals whose data you enter, and manage their rights requests, subject to our assistance under Schedule 1.

5.3 Access codes and entry notes create security risks. Enter only necessary details, restrict access, avoid unrestricted notes, change codes when appropriate and remove obsolete details. Give affected customers any required privacy information.

5.4 You must check the correctness of rotas, recorded hours, exports and other output before relying on it, including before using any payroll export for payment, tax or employment administration. The Service does not replace your payroll, employment, health and safety or record‑keeping obligations.

5.5 Respond promptly to reasonable information requests needed to provide the Service or meet our processor obligations. You remain responsible for legal compliance, Client Data retention and data subject requests, subject to our assistance under Schedule 1.

5.6 You grant us a limited, non‑exclusive right during the agreement to host, reproduce, transmit, display and otherwise process Client Data solely to provide, secure, support and maintain the Service, comply with law, and follow your documented instructions. You confirm you have the rights needed to grant this permission.

6. Fees, payment and tax

6.1 The setup fee is £297 once, and the subscription fee is £97 for each month of service, plus VAT where applicable. The setup fee covers onboarding and setup and is payable as stated in the order or payment instructions. Subscription charges are payable in advance unless the order states otherwise.

6.2 Payments are collected through Stripe or PayPal, subject to the selected processor's terms. You must maintain a valid payment method and pay sums due; we do not ordinarily receive or store full card credentials through SparkOps.

6.3 If payment fails or is overdue, we will notify you and allow a reasonable opportunity to pay or update the method. Lawful interest or recovery costs may apply after notice. We may suspend access under clause 14 for an undisputed amount still unpaid after notice and a reasonable cure period.

6.4 Fees are non‑refundable except where required by law or expressly stated in these terms. The setup fee is non‑refundable once onboarding has started. Subscription fees are non‑refundable for a billed period already begun, except where required by law. No clause removes a right that cannot lawfully be excluded.

6.5 You are responsible for VAT and other taxes applicable to your purchase, excluding taxes on our income. If you dispute an invoice in good faith, tell us promptly, identify the disputed item and pay any undisputed amount by its due date.

6.6 We will give at least 30 days' written notice of a price increase, effective no earlier than the next renewal after that period. If you do not accept it, you may give notice before it takes effect to end the agreement at the end of the then‑current term, subject to any remaining minimum term.

7. Term, renewal and cancellation

7.1 The initial minimum term is 12 months from the Start Date. You agree to pay the Fees due for that minimum term, subject to any rights that cannot lawfully be excluded.

7.2 At the end of the initial minimum term, the agreement renews automatically on a rolling monthly basis unless either party gives at least 30 days' written notice of cancellation. Notice may be sent by email. Cancellation takes effect at the end of the relevant minimum term or monthly billing period, as applicable, and does not ordinarily shorten a current paid period.

7.3 You may request cancellation by emailing support@accelur8.com. We may ask you to confirm the Account and intended end date to protect it from unauthorised cancellation. You remain responsible for charges falling due before the effective termination date.

7.4 There is no guarantee that cancellation takes effect immediately when requested. We will confirm the effective date and explain the available data export or return process. Cancellation does not by itself constitute a request for return or deletion of Client Data; see clause 15.

8. Support and service availability

8.1 Support is provided by email at support@accelur8.com. We will use reasonable endeavours to acknowledge and address support requests during our ordinary working hours. We may ask for information needed to diagnose an issue. No specific response or resolution time is promised unless separately agreed in writing.

8.2 We will use reasonable endeavours to keep the Service available and to maintain its ordinary operation. The Service may be unavailable or impaired due to maintenance, updates, security measures, internet or telecommunications failures, third‑party service disruption, or other events outside our reasonable control. We do not promise uninterrupted availability or a particular uptime percentage.

8.3 Where reasonably practicable, we will give advance notice of material planned maintenance and use reasonable endeavours to restore service after an outage. You are responsible for suitable devices, network access, supported software and secure credentials; issues caused by your equipment, connection, configuration or inaccurate data are not our failure to provide the Service.

9. Data protection roles

9.1 You act as controller for Customer Personal Data in Client Data. You decide why and how it is used, including the information entered about your customers and cleaners. We act as processor and process that data on your documented instructions to provide the Service, as set out in Schedule 1.

9.2 We act as controller for personal data relating to our own website visitors, prospective customers, business contacts, account administrators, billing and support contacts, and the operation of our own business. Our separate Privacy Policy explains those activities.

9.3 Each party will comply with the data protection laws applicable to it. The processing agreement in Schedule 1 applies to our processing of Customer Personal Data and does not transfer your controller responsibilities to us.

9.4 Do not enter special category or criminal offence data unless lawful, necessary for the agreed purpose and protected by appropriate safeguards. Tell us in advance so we can assess suitability.

10. Confidentiality

10.1 Each party may receive non‑public information from the other (Confidential Information). The recipient must protect it with reasonable care, use it only for the agreement and disclose it only to people who need it and are bound by confidentiality duties.

10.2 Confidential Information excludes information that becomes public without breach, was lawfully known, is independently developed or is lawfully received without restriction. A party may disclose it when required by law or a regulator, giving notice where lawful and practicable. On request or termination, each party will return or securely destroy it where practicable, subject to legal retention, routine backups and clauses 15 and Schedule 1.

11. Intellectual property

11.1 We and our licensors own all intellectual property rights in the Service, its software, design, documentation, branding and improvements. The agreement does not transfer ownership to you.

11.2 During the paid subscription, we grant you a non‑exclusive, non‑transferable, non‑sublicensable right to access and use the Service for your internal business purposes, subject to these terms. The right ends when the agreement ends.

11.3 You retain rights in Client Data and your pre‑existing materials. You grant only the limited permission in clause 5.6. We may use general feedback you provide without restriction, provided we do not disclose your Confidential Information or identify you without permission.

11.4 You must not remove proprietary notices or claim our intellectual property. We may use feedback to improve the Service without payment, provided we do not disclose your Confidential Information or identify you without permission.

12. Warranties and results

12.1 We will provide the Service with reasonable care and skill and substantially in accordance with its description as made available to you. If you consider that we have materially failed to do so, tell us promptly and give us a reasonable opportunity to investigate and remedy the issue.

12.2 Except for express promises and terms that cannot lawfully be excluded, we give no additional warranty to the extent permitted by law and do not promise error‑free, uninterrupted or universally suitable operation.

12.3 The Service is operational software, not legal, employment, tax, payroll, accounting or security advice. Check outputs and obtain professional advice where appropriate. We do not guarantee business results, including revenue, cost, retention, compliance or contract outcomes.

13. Liability

13.1 Nothing in the agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded or limited.

13.2 Subject to clause 13.1, each party's total aggregate liability arising out of or in connection with the agreement, in contract, tort (including negligence), breach of statutory duty or otherwise, is capped at the total Fees paid or payable by you in the 12 months immediately before the event giving rise to the claim. If the claim occurs before 12 months of Fees have accrued, the cap is the Fees paid or payable for the period from the Start Date to the event.

13.3 Subject to clause 13.1, neither party is liable for indirect or consequential loss, or loss of profit, revenue, anticipated savings, opportunity, goodwill or data, to the extent permitted by law. The cap and exclusions apply in aggregate to claims connected with the agreement, except where unlawful; they do not affect undisputed Fees due. Each party will take reasonable steps to reduce loss.

14. Suspension and termination

14.1 We may suspend access to all or part of the Service where reasonably necessary to address a security threat, unlawful use, material risk to another customer, a legal requirement, or overdue undisputed Fees. Except in an emergency or where notice is not legally permitted, we will give notice and a reasonable opportunity to remedy the issue before suspending for breach or non‑payment.

14.2 We will limit a suspension to what is reasonably necessary and restore access promptly once its cause is remedied. Suspension does not waive Fees due during the subscription term, unless the suspension results from our material breach and applicable law requires a different result.

14.3 Either party may terminate immediately by written notice if the other commits a material breach that is not remedied within 30 days after written notice, or if the other becomes insolvent, ceases business, or is unable to pay debts as they fall due, to the extent the law permits termination in those circumstances.

14.4 You may terminate under clause 7. On termination, access ends on the effective date unless we agree a short read‑only or export period. Accrued rights, payment obligations and terms intended to survive continue as needed, including Schedule 1 for return or deletion.

15. Data return and deletion

15.1 After termination, request return or deletion of Client Data by emailing support@accelur8.com. We will, at your choice and subject to law, provide an export or delete it within 30 days of a verified request.

15.2 If you make no request, we may delete Client Data after 30 days following termination. We may retain copies where required by law, for the establishment or defence of legal claims, or within routine backup systems until overwritten through the ordinary backup cycle. Retained data remains protected and is not used for ordinary Service purposes.

15.4 This clause is subject to Schedule 1 and does not require deletion of legally retained records, which we will isolate and protect.

16. Changes, notices and general terms

16.1 We may update these terms to reflect changes in law, security, the Service or our business. We will give reasonable advance notice of a material change, normally at least 30 days, by email or an in‑Service notice. If a change materially disadvantages you, you may notify us before its effective date; we will discuss a reasonable resolution, including termination where appropriate and lawful.

16.2 Notices must be in writing. We may email your account administrator or billing contact; keep that address current. Send notices to support@accelur8.com. Email is received on arrival unless delivery fails.

16.3 These terms and the order are the entire agreement and replace earlier discussions, except that neither party excludes reliance on fraud or fraudulent misrepresentation. You may not assign or transfer the agreement without our written consent. We may assign it to a successor to our business on notice, without reducing your rights.

16.4 Neither party is liable for delay caused by events beyond reasonable control if it takes reasonable steps to limit the impact. If such an event materially prevents performance for more than 60 days, either party may terminate by notice.

16.5 An invalid term will be modified as needed or severed, leaving the rest effective. Delay is not waiver; waiver must be written. Third parties have no enforcement right under the Contracts (Rights of Third Parties) Act 1999. Electronic counterparts are permitted by law.

17. Governing law and courts

17.1 The agreement and any dispute or claim arising from it, including non‑contractual disputes, are governed by the law of England and Wales.

17.2 The courts of England and Wales have exclusive jurisdiction to resolve disputes arising from or connected with the agreement, subject to any mandatory rights or jurisdiction rules that cannot lawfully be excluded.

Schedule 1. Data Processing Terms

A. Processing details

A.1 Subject matter: processing Customer Personal Data to host, configure, secure, support and operate the SparkOps cleaning operations system and its job, rota, actual‑hours and payroll‑export functions.

A.2 Duration: the agreement term and any period reasonably required to return or delete data under clause 15, comply with law, or complete routine backup deletion.

A.3 Nature and purpose: receiving, recording, organising, storing, retrieving, using, transmitting, exporting and deleting data as needed to provide and support the Service on instructions, maintain security and comply with law.

A.4 Types of personal data: names, contact and address details, service addresses, job instructions, access codes, notes, rota assignments, attendance and actual‑hours records, payroll‑related export data, account identifiers and support information that the Customer chooses to include.

A.5 Categories of data subjects: the Customer's clients and prospective clients, cleaners and other staff, contractors, account users, and other individuals whose details the Customer includes. The Customer must not include special category or criminal offence data unless the conditions in clause 9.4 are met and the parties have agreed appropriate safeguards.

B. Processor obligations

B.1 We will process Customer Personal Data only on the Customer's documented instructions, including instructions in the agreement and ordinary use of Service features, unless a legal requirement requires otherwise. If law requires processing beyond an instruction, we will inform the Customer before processing unless prohibited by law.

B.2 We will ensure persons authorised to process the data are bound by confidentiality obligations and receive appropriate privacy and security guidance.

B.3 We will implement appropriate technical and organisational measures, taking account of the nature, scope and purpose of processing, the risks to individuals and the state of the art. A summary appears in section F.

B.4 We will not appoint a sub‑processor except as permitted by section C. We remain responsible for our sub‑processors' performance of their data protection obligations to the extent required by law.

B.5 We will reasonably assist the Customer, where practicable, with rights requests, considering the processing. The Customer decides how to respond. If we receive a request directly, we will notify the Customer without undue delay and respond only on documented instructions or where law requires.

B.6 We will reasonably assist with security, breach notifications, impact assessments and regulatory consultation, considering available information and the processing. Additional assistance may be charged at a reasonable agreed rate.

B.7 We will notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer Personal Data. Our notice will include information reasonably available to help the Customer meet its reporting and communication obligations. We will take reasonable steps to investigate, mitigate and remediate the breach and provide material updates.

B.8 We will make information reasonably necessary to demonstrate compliance available and permit proportionate audits or inspections by the Customer or its confidentially bound independent auditor. The Customer must give reasonable notice, avoid disruption and protect others' confidential information. The parties will first consider available security reports. Audits are at the Customer's cost unless they identify material non‑compliance attributable to us.

B.9 At termination, we will return or delete Customer Personal Data at the Customer's choice under clause 15 and section D, unless law requires retention. Retained data will be protected and used only as required by law.

B.10 We will inform the Customer if, in our reasonable opinion, an instruction infringes Data Protection Legislation. We are not required to conduct legal review of the Customer's instructions.

C. Sub-processors and international transfers

C.1 The Customer gives general authorisation for us to engage sub‑processors to support the Service. Categories may include a hosting and database provider, a customer relationship management and communications platform provider, and an email delivery provider. Stripe and PayPal may process payment details for subscription payments. A current list of sub‑processors is available on request.

C.2 We will give notice of sub‑processor changes and a reasonable opportunity to object on data protection grounds before the change. The Customer must promptly explain its objection. The parties will seek a resolution in good faith; if none is possible, either may terminate the affected Service by written notice, subject to accrued Fees and law.

C.3 We will impose written data protection obligations on sub‑processors that are materially equivalent to those in this Schedule, as required by law, and remain responsible for their performance to the extent required by law.

C.4 We will not transfer Customer Personal Data outside the United Kingdom unless the transfer is necessary to provide the Service and a lawful transfer mechanism and appropriate safeguards are in place under Data Protection Legislation. These may include adequacy regulations or an approved transfer agreement with supplementary measures where required. We will provide information reasonably requested about the applicable safeguards, subject to confidentiality and security.

D. Deletion and return

D.1 On termination, the Customer must request return or deletion in accordance with clause 15. We will complete the requested action within 30 days of a verified request, except for data that must be retained by law or in routine backups pending overwrite.

D.2 Data retained in backups will be protected, access‑restricted and deleted through the ordinary backup lifecycle. It will not be restored or used except for disaster recovery, security or legal compliance, and any restored data will remain subject to this Schedule.

E. Customer instructions and responsibilities

E.1 The Customer's instructions include enabling or using features, uploading information, administering user access, requesting support, exporting and deleting data. The Customer must ensure its instructions are lawful, properly authorised and consistent with the agreed Service.

E.2 The Customer must provide privacy information to data subjects, establish and document its lawful bases, maintain data accuracy, restrict access to authorised Users, respond to rights requests, set retention rules, and determine whether a risk assessment or consultation is needed. The Customer must promptly inform us of material changes to the processing or any restriction on our processing.

F. Security measures summary

F.1 We will maintain proportionate measures intended to protect confidentiality, integrity and availability, which may include access controls and authentication, role‑based permissions where available, encryption in transit where supported, secure hosting configuration, backup and recovery arrangements, vulnerability and change management, malware protections, logging and monitoring, staff confidentiality commitments, security awareness, incident management and controlled removal of access when no longer required.

F.2 We review measures as risks evolve and maintain appropriate protection. No system is completely secure. The Customer must protect credentials and devices and limit data to what is necessary.

G. Cooperation and precedence

G.1 Each party will cooperate reasonably to meet its applicable data protection obligations. The Customer remains responsible for its controller decisions and for providing instructions. We remain responsible for our processor obligations.

G.2 If this Schedule conflicts with another term about processing Customer Personal Data, this Schedule prevails. For other matters, the main body of these terms applies.