SAMTAP Terms of Service

1. What the Service is

1.1 SAMTAP is a statutory assurance platform. It holds a register of your buildings and duty-carrying assets ("records"), states the statutory and regulatory duties that attach to each record, and stores the evidence that those duties have been discharged.

1.2 SAMTAP records duties and evidence. It does not carry out inspections, instruct contractors, or discharge duties on your behalf. You, as duty-holder, remain legally responsible for compliance at all times. SAMTAP is not a guarantee of compliance and we give no warranty that the duties shown for a record are complete or correct for your circumstances. Where we are uncertain whether a duty applies we show it rather than hide it.

1.3 Duty satisfaction is recorded on your assertion, supported by the evidence you or your contractors upload. We do not verify evidence.

2. Subscription, bands and billing

2.1 The Service is sold in bands by number of records, as published at samtap.uk/pricing on the date of your order. Your quotation states your band and price. Obligations are unlimited within a band; you pay for records, not duties.

2.2 Monthly plans are rolling. Either party may end a monthly plan on 30 days' written notice. Annual plans are paid 12 months in advance at the annual price and run for a fixed 12 months, renewing for further 12-month terms unless either party gives 30 days' notice before renewal.

2.3 Your band is checked monthly against your record count. If you exceed your band by more than 10 per cent, you move to the band that fits. On a monthly plan the new price applies from your next billing date. On an annual plan we issue a pro rata invoice for the difference from that month to your renewal date, and the new band applies at renewal. We tell you before either happens; you will never get an invoice you weren't warned about.

2.4 There are no per-user charges and no setup fee. Contractor and external access is included.

2.5 Prices are in pounds sterling. VAT is not currently charged; if Samtap becomes VAT registered, VAT will be added at the prevailing rate from that date. Annual prices may rise at renewal by no more than the UK Consumer Prices Index over the previous 12 months, on 60 days' notice.

2.6 Invoices are due within 30 days. We may suspend access to accounts more than 30 days overdue after giving 14 days' notice; your data is not deleted during suspension.

2.7 SAMTAP tags are physical goods sold separately at the published tag prices, minimum order 50, excluding VAT and carriage, with a typical lead time of three to four weeks. Tags are pre-encoded to your records and cannot be returned once encoded except where faulty.

2.8 Optional professional services (system build, onsite tagging) are quoted separately at a day rate, plus travel at cost where agreed in advance, and invoiced on completion.

3. Your data

3.1 The register, the records, the evidence and every document you or your contractors upload ("Customer Data") belong to you. We claim no ownership.

3.2 The evidence log is append-only by design: published evidence and the record of who published it and when cannot be edited or silently deleted, by you or by us. This is the property of the Service that makes the record trustworthy. Evidence can be withdrawn, and the withdrawal is itself recorded.

3.3 Published evidence belongs to the building and is visible to every party you give access to. Unpublished drafts, internal notes and review-queue observations stay with the party that created them.

3.4 You may export your Customer Data at any time in standard formats from within the Service. On termination we keep your data available for export for 30 days, then delete it within a further 90 days, except where we are required by law to retain it or where you have asked us in writing for a longer export window.

3.5 We may use aggregated, anonymised data derived from use of the Service, from which neither you nor any building or individual can be identified, to improve the Service and the shared duty catalogue.

3.6 Asset types and duty mappings are part of a shared catalogue that belongs to Samtap and is never exclusive to one customer. Requests you make for new types are added to the shared catalogue.

4. Personal data

4.1 Where Customer Data includes personal data (typically names and contact details of your staff and contractors, and names on certificates), you are the controller and we are your processor. The Data Processing Addendum below forms part of these terms.

4.2 Our sub-processors are listed in the Addendum. All of them hold data in the United Kingdom or the European Economic Area.

5. Access and acceptable use

5.1 You are responsible for the people you give access to, including contractors and external parties, and for keeping their access current. You must enable multi-factor authentication for every account with administrative rights.

5.2 You must not use the Service to store material you have no right to store, to attempt to access another customer's data, to probe or test the Service's security without our written agreement, or to resell access other than under a written partner agreement with us.

5.3 We may suspend an account immediately where we reasonably believe it is compromised or being misused, and will tell you why as soon as we can.

6. Availability, support and changes

6.1 We aim for the Service to be available 99.5 per cent of the time in any calendar month, excluding planned maintenance notified at least 48 hours in advance and events outside our reasonable control. If we miss that target in two consecutive months you may end an annual plan and receive a pro rata refund of the unused period.

6.2 Support is by email to support@samtap.uk during UK business hours, with a response within one business day.

6.3 We improve the Service continuously and may add, change or retire features. We will not remove a capability you rely on to export your data or to read your evidence log without 90 days' notice.

6.4 The duty catalogue is reviewed against changes in law and standards. Where a duty is added, changed or withdrawn we record the decision and its reasoning and make it visible within the Service. You remain responsible for confirming the duties that apply to you.

7. Intellectual property

7.1 The Service, its software, design, duty catalogue and documentation are owned by Samtap or its licensors. You receive a non-exclusive, non-transferable right to use the Service for your own buildings during your subscription.

7.2 You give us a licence to host, process and display Customer Data solely to provide the Service to you.

8. Confidentiality

8.1 Each party will keep the other's confidential information confidential and use it only for the purposes of these terms, for the term and five years after. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

9. Liability

9.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot be limited by law.

9.2 Subject to 9.1, our total liability to you under or in connection with these terms in any 12-month period is limited to the fees you paid to us in that period.

9.3 Subject to 9.1, neither party is liable to the other for loss of profit, loss of business, loss of data (other than as covered by our backup obligations in the Addendum), or any indirect or consequential loss.

9.4 Because you remain the duty-holder, we are not liable for any regulatory penalty, enforcement action or loss arising from a duty that was not discharged, whether or not the duty was shown in the Service, provided we have performed the Service in accordance with these terms.

10. Term and termination

10.1 Either party may end these terms on written notice if the other is in material breach and has not remedied it within 30 days of being told, or becomes insolvent.

10.2 On termination your access ends at the end of the paid period. Clause 3.4 governs your data. Clauses 3, 7, 8, 9 and 12 survive termination.

11. Partners and resellers

11.1 Where you take the Service through a Samtap partner or reseller, these terms still govern your use of the Service and your data. The partner's own contract with you governs the partner's services and pricing. Your register belongs to your buildings and stays with you if you change partner.

12. General

12.1 These terms, your quotation and the Addendum are the whole agreement between us and replace any earlier discussion.

12.2 We may update these terms on 30 days' notice by email and by publishing the new version at samtap.uk/terms. Changes that materially reduce your rights give you the right to end an annual plan with a pro rata refund.

12.3 Neither party may assign these terms without the other's consent, except that either may assign to a successor to its business on notice.

12.4 These terms are governed by the law of Scotland and the Scottish courts have exclusive jurisdiction.