Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the Harbor platform (“Platform”), a property management software-as-a-service (“SaaS”) operated by Harbor Ops Ltd, a company registered in England and Wales (Company Number: 17215410). By registering for or using the Platform, you (“Customer” or “User”) agree to be bound by these Terms.
If you are entering into these Terms on behalf of a business or organisation, you represent and warrant that you have authority to bind that entity to these Terms.
Definitions
In these Terms, the following definitions apply:
Account registration & eligibility
To use the Platform, you must register an account and provide accurate, complete, and current information. You must be at least 18 years old and a legally incorporated business or sole trader operating within the United Kingdom (or such other jurisdiction as we may permit).
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at legal@harborops.co.uk if you become aware of any unauthorised access.
We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.
Subscription & payment
4.1 Plans and fees
Access to the Platform is provided on a subscription basis. Fees are as set out on our pricing page at harborops.co.uk/pricing and may vary by plan tier. All fees are quoted exclusive of VAT unless stated otherwise.
4.2 Billing
Subscriptions are billed in advance on a monthly or annual basis depending on the plan selected. Payment is processed via our third-party payment provider. By providing payment details, you authorise us to charge the applicable fees on each renewal date.
4.3 Late payment
If payment is not received by the due date, we reserve the right to suspend access to the Platform until outstanding amounts are settled. Overdue amounts may attract interest at 4% above the Bank of England base rate per annum.
4.4 Refunds
Subscription fees are non-refundable except where required by applicable law or as expressly stated in writing by Harbor. If you cancel your subscription, access will continue until the end of the current billing period.
4.5 Price changes
We may change subscription fees at any time. We will provide at least 30 days’ written notice of any price increase. Your continued use of the Platform after the notice period constitutes acceptance of the new fees.
Permitted use & restrictions
You may use the Platform solely for lawful property management purposes in connection with your own letting agency or property portfolio. You must not:
- sublicense, resell, or otherwise make the Platform available to third parties except as expressly permitted;
- reverse engineer, decompile, or attempt to extract source code from the Platform;
- use the Platform to store or transmit unlawful, harmful, or fraudulent content;
- interfere with or disrupt the integrity or performance of the Platform or its infrastructure;
- attempt to gain unauthorised access to any part of the Platform or its related systems;
- use automated scripts or bots to access the Platform in a manner that exceeds normal usage.
Customer Data & data processing
You retain all ownership of Customer Data. By uploading data to the Platform, you grant Harbor a limited licence to process that data solely for the purpose of providing the Platform services.
We process personal data contained within Customer Data as a data processor on your behalf. Where you direct us to process personal data of tenants or third parties, you are the data controller and are responsible for ensuring that such processing is lawful. Our data processing obligations are further described in our Privacy Policy and any Data Processing Agreement entered into with you.
We implement appropriate technical and organisational measures to protect Customer Data against unauthorised access, loss, or disclosure. However, no system is completely secure and we cannot guarantee absolute security.
Intellectual property
The Platform, including all software, designs, content, and documentation, is the exclusive property of Harbor Ops Ltd and its licensors. Nothing in these Terms transfers any intellectual property rights to you.
You may not copy, reproduce, modify, or create derivative works of any part of the Platform without our prior written consent.
Harbor may use aggregated, anonymised data derived from usage of the Platform for product improvement and analytics purposes, provided such data cannot be used to identify you or any individual.
Availability & maintenance
We will use commercially reasonable efforts to make the Platform available with a target uptime of 99.5% per calendar month, excluding scheduled maintenance and circumstances beyond our reasonable control.
We reserve the right to carry out scheduled maintenance, which we will aim to perform during off-peak hours and with prior notice where practicable. Unplanned downtime or degraded performance does not entitle you to a refund unless expressly agreed.
We may update, modify, or discontinue features of the Platform at any time. Where a change materially reduces functionality, we will provide reasonable notice.
Confidentiality
Each party agrees to keep the other’s Confidential Information confidential and not to disclose it to any third party without prior written consent, except as required by law or regulation.
This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that was already known to the receiving party prior to disclosure.
Warranties & disclaimers
We warrant that the Platform will substantially perform in accordance with its documentation under normal use and conditions. We do not warrant that the Platform will be error-free or uninterrupted.
We do not provide legal, financial, or tax advice. Any tools or templates provided within the Platform are for informational purposes only and should not be relied upon as professional advice.
Limitation of liability
To the fullest extent permitted by law, Harbor shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform, including loss of profit, loss of data, or loss of goodwill.
Our total aggregate liability to you in connection with these Terms shall not exceed the total fees paid by you to Harbor in the 12 months preceding the event giving rise to the claim.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
Indemnification
You agree to indemnify, defend, and hold harmless Harbor and its officers, directors, employees, and agents from any claims, losses, damages, or costs (including reasonable legal fees) arising from:
- your breach of these Terms;
- your use of the Platform in violation of applicable law;
- any claim by a third party relating to Customer Data you have uploaded.
Term & termination
These Terms commence on the date you first access the Platform and continue until your subscription is terminated.
Either party may terminate these Terms by providing 30 days’ written notice. We may terminate immediately if you materially breach these Terms and fail to remedy the breach within 14 days of written notice.
Upon termination, your right to access the Platform ceases. We will retain Customer Data for up to 30 days following termination, during which time you may request an export. After this period, Customer Data may be permanently deleted.
Governing law & disputes
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Before initiating formal proceedings, the parties agree to attempt to resolve any dispute in good faith through written notice and a 30-day negotiation period.
General
Questions about these Terms?
Write to our legal team and we’ll respond within five working days.