Terms of Service

1. Who we are and acceptance of these terms

These Terms of Service (“Terms”) are a contract between Totalsoft IT Solutions Ltd, a company registered in England and Wales (company number 16162533) with its registered office at 41 Redwood Close, Colchester, CO4 3PA (“Totalsoft”, “we”, “us”, “our”), and the business or individual using the Totalsoft Garage Manager service (“Customer”, “you”, “your”).

By creating an account, clicking to accept, or using the Service, you agree to be bound by these Terms. If you are agreeing on behalf of a garage or other business, you confirm you have authority to bind that business, and “you” refers to that business.

The Service is intended for use by businesses, not consumers, and these Terms are drafted on that basis. If you are not contracting in the course of a business, tell us before signing up — different statutory protections may apply and these Terms may not be appropriate as they stand.

2. The Service

Totalsoft Garage Manager is a cloud-based platform for garage and workshop management, including bookings, job cards, quotes and invoicing, MOT and service reminders, stock management, and staff/customer records, as described on our website and in your chosen plan.

We may add, change, or remove features over time. We will not materially reduce the core functionality of your paid plan during a billing period you have already paid for without reasonable notice.

Website services. Where your plan includes a website we build for you (such as our Enterprise plan), we currently design and build it free as an introductory offer. Where a one-off build fee applies, as shown on our pricing page or agreed with you in writing, it is due before we start the build and is non-refundable once the build has started, except where required by law. Your Subscription Fee covers hosting and maintaining the website while your subscription continues. Your domain name is registered in your business’s name and stays yours, as do the text, photos and logos you give us; its renewal is included in your Subscription Fee while your subscription continues. You confirm you have the right to use the text, photos and logos you give us, and that we may publish them on your website. The website’s design and code remain ours (clause 8). If your subscription ends, we stop hosting the website; if you ask us before it ends, we will help point your domain to a provider of your choice and give you a copy of the content you supplied.

3. Accounts and your responsibilities

You must provide accurate account and billing information and keep it up to date. You are responsible for all activity under your account, including actions taken by your staff, and for keeping login credentials confidential. Tell us immediately if you suspect unauthorised access to your account.

The Service is provided over the internet. You are responsible for providing and maintaining your own devices, web browser and internet connection, which are not part of the Service. Each member of your staff should use their own login, and sign out when using a shared or public device.

Account owner and users. Your account has an account owner: the person who signed up, or someone else you ask us in writing to name instead. The account owner is your administrator. They can add and remove users and decide what each user can do, and they accept updates to these Terms on your behalf. You are responsible for giving access only to people who need it, and for removing users promptly when they leave or no longer need access. We may treat anything done using a user’s login as done with your authority, and we are not responsible for what users you have given access to do with it.

You are responsible for the accuracy of the data you and your staff enter into the Service (including customer and vehicle records), and for having a lawful basis to hold and process that data — see our Privacy Policy and Data Processing Agreement for how we, in turn, handle it on your behalf.

4. Fees, billing and cancellation

Free trial. New customers may use the Service free of charge for a 7-day trial, starting when we approve your trial request. We review each request and may approve or decline it at our discretion. No payment method is required to start a trial, and no fees (including the setup fee) are charged during it. Trials are limited to one per business; we may decline or end a trial where we reasonably believe this limit is being avoided or the trial is being misused. At the end of the trial, access to the Service is paused unless you have chosen a paid plan; you will not be moved onto a paid plan or charged automatically. These Terms apply in full during the trial, except that the Service is provided free of charge. Clause 5 applies to Customer Data you enter during the trial. We may change or withdraw trial terms for new sign-ups at any time without affecting trials already in progress.

Your plan has two kinds of charge: the Subscription Fee — the recurring fee for your chosen plan, as set out on our pricing page or otherwise agreed in writing — and Usage Fees, being separately priced optional features and add-ons, which currently include (without limitation) SMS messaging, the AI diagnostic assistant, additional bays, additional users beyond your plan’s included allowance, and any other current or future add-on or integration we offer. All fees are exclusive of VAT unless stated otherwise. The Subscription Fee is billed in advance on a recurring basis (monthly, unless otherwise agreed) and renews automatically until cancelled; Usage Fees are billed as set out on our pricing page, which may be in advance, in arrears, or based on metered usage.

Allowances. Your plan includes allowances, such as a number of users and bays and a monthly number of SMS credits, as shown on our pricing page. Unused SMS credits do not carry over to the next month and are not refunded. Text messages sent above your monthly SMS credits, or on a plan that does not include SMS credits, are charged as a Usage Fee at 6p per SMS credit (a text over 160 characters uses 2 credits). Other use above an allowance, and other add-ons, are charged as a Usage Fee at the price on our pricing page or as agreed with you in writing.

Paying us. You pay by Direct Debit, collected through our payment provider GoCardless, or by another method we agree with you in writing. We send you an invoice for each payment. Fees are due on the date of the invoice and are collected on or shortly after that date. If a payment fails, we may try to collect it again and will tell you.

Setup fee. We do not currently charge a setup fee. Where a one-off setup fee applies when you start a paid plan, as set out on our pricing page or otherwise agreed in writing, it covers onboarding and account configuration, in addition to the Subscription Fee. The setup fee is due in full before we begin onboarding, is separate from the Subscription Fee and Usage Fees, and is non-refundable once onboarding has started, except where required by law. The setup fee is not subject to the annual review, the CPI-linked cap, or the notice provisions that apply to the Subscription Fee, and we may change the setup fee we charge to new customers at any time; a change to the setup fee does not affect customers who have already paid it.

You may cancel your subscription at any time by emailing support@totalsoft.co.uk; cancellation takes effect at the end of the billing period you have already paid for, and we do not provide refunds for partial periods, the setup fee, or unused Usage Fees except where required by law or expressly stated at the point of purchase.

The Subscription Fee is fixed for the duration of your current billing period and will not change until at least the start of your next billing period.

Introductory pricing. We currently offer the Service at introductory launch pricing. We may end this introductory pricing and move your Subscription Fee to our then-current standard list price at any time, on at least 60 days’ written notice; this one-off transition is not subject to the annual review or CPI-linked cap described below, but is subject to the same notice period and cancellation right described below for Subscription Fee increases.

Ongoing Subscription Fee reviews. Once your Subscription Fee is on our standard list price, we will review it at most once every 12 months. Any increase at that review will not exceed the increase in the UK Consumer Prices Index (CPI) over the preceding 12 months plus 3 percentage points (for example, if CPI rose by 2%, the most we can increase the Subscription Fee by is 5%). This review mechanism and cap apply only to the Subscription Fee and not to Usage Fees, which are governed separately below.

Notice and your right to cancel (Subscription Fee only). We will give you at least 60 days’ written notice (for example, by email) before any Subscription Fee increase takes effect. If you do not want to accept the new Subscription Fee, you may cancel your subscription at any time before it takes effect, with no cancellation fee, as set out above in this clause. If you continue to use the Service after the new Subscription Fee takes effect, you accept it. Any Subscription Fee increase takes effect from the start of your first billing period beginning after the notice period ends.

Usage Fees and add-ons. Usage Fees are priced, billed and reviewed independently of the Subscription Fee and are not subject to the annual review, the CPI-linked cap, or the 60-day notice period described above for the Subscription Fee. Many Usage Fees reflect costs charged to us by third parties that are outside our control — including SMS and messaging providers, AI service providers, vehicle and MOT data providers, DVLA/DVSA-related services, and payment processing providers — and we may change Usage Fees, or introduce new ones, at any time, including with immediate effect where this reflects a change in the costs charged to us. We will publish current Usage Fees on our pricing page, or notify you by email or in-platform notice, before a changed or new Usage Fee applies to your account. Your continued use of a feature that carries a Usage Fee after that fee changes means you accept the new Usage Fee for that feature. You can stop using or switch off an optional feature at any time, including before a changed Usage Fee applies, and you will not be charged the new fee for use before it applies. If you do not accept a new Usage Fee, your only remedy is to stop using that particular feature or add-on, which does not entitle you to cancel your subscription or receive a refund of the Subscription Fee.

Price decreases. If we reduce the Subscription Fee, standard list price, setup fee, or any Usage Fee — whether generally, for new customers only, for a specific plan, or as part of a promotion — that reduction applies only to the customers, plans, or sign-ups we specify, and does not automatically apply to you if you are already subscribed at a different price. Being on a higher price than a price we introduce or advertise at any later time does not entitle you to a reduced price, a credit, a refund of amounts already paid, or a retrospective price match, and we are under no obligation to offer you the lower price unless we expressly agree to do so with you in writing.

We may suspend access if payment is overdue and not resolved within a reasonable period after we notify you, without this being treated as a wrongful suspension under clause 14.

Where an invoice is not paid by its due date, we may charge interest and recover costs on the overdue amount under the Late Payment of Commercial Debts (Interest) Act 1998.

5. Your data and content

As between you and Totalsoft, you own the data you input into the Service, including customer, vehicle, job and financial records (“Customer Data”). We do not claim ownership of Customer Data and will only use it to provide the Service, as described in our Data Processing Agreement, or as required by law.

You give us a non-exclusive, royalty-free licence to host, copy, transmit, process and display Customer Data (including notes, photos and documents you upload) only as needed to provide, secure and support the Service for you. This licence ends when the Customer Data is deleted under this clause.

Export and deletion. On request during your subscription, and for 90 days after it ends (clause 14), we will help you export your Customer Data in a common format. After those 90 days we delete your Customer Data within a further 30 days, except anything the law requires us to keep. Copies in our backups are deleted as those backups expire in our normal backup cycle. Once deleted, Customer Data cannot be recovered.

6. Acceptable use

You must use the Service in accordance with our Acceptable Use Policy, which forms part of these Terms. This covers, among other things, lawful use of the platform, professional use of SMS/email communication features, and not attempting to interfere with or reverse-engineer the Service.

7. Third-party services

The Service may integrate with, or let you connect it to, third-party services (“Connected Services”), including:

• accounting and bookkeeping software, such as Xero, QuickBooks, Sage, FreeAgent, Zoho Books, KashFlow, Clear Books and FreshBooks;
• payment providers you use to take payments from your own customers, such as Stripe, SumUp, Square or GoCardless, through your own account with them;
• government vehicle data services, such as the DVSA MOT history service and DVLA vehicle information; and
• any other third-party service we make available through the Service now or in the future.

Which Connected Services are available depends on your plan and may change over time; naming a service here does not mean we offer an integration with it. Where you choose to connect a Connected Service, you instruct and authorise us to send data from your account to it, and to receive data from it, as needed for the integration to work (for example, customers, invoices, payments, products and tax codes). You are responsible for having your own account with that service and for accepting its terms and any fees it charges.

A Connected Service you choose to connect is your supplier, not ours: it handles your data under its own terms with you, and is not our sub-processor. We do not control Connected Services and are not responsible for their availability, accuracy, acts or omissions, or for data once it has been sent to them. You remain responsible for your own accounting records and tax and VAT returns, and should check records synced between the Service and a Connected Service before relying on them. You can disconnect a Connected Service at any time; this stops further syncing but does not remove data already sent to it. If a Connected Service changes or withdraws its API or access, we will act reasonably but may need to change or stop that integration.

8. Intellectual property

The Service, and all software, design, trademarks and content that make it up (excluding your Customer Data), are and remain the property of Totalsoft or its licensors, protected by copyright, trademark and other laws. We grant you a non-exclusive, non-transferable licence to use the Service for your internal business purposes for the duration of your subscription. No other rights are granted.

9. Service availability and support

We will use reasonable skill and care to make the Service available and to provide support in line with our published support channels. The Service is provided on an “as available” basis; we do not currently offer a contractual uptime service level agreement, and any uptime figures referenced in our marketing are indicative, not a guarantee, unless a specific written SLA has been agreed with you separately.

We may carry out planned maintenance and will use reasonable efforts to notify you in advance where this is likely to cause a noticeable interruption.

Support access. When you ask us for help, or to set up your account, our staff may sign in to your account to provide that support or set-up. Each support session is limited in time and recorded, and anything changed in it is shown as made by Totalsoft Support. You can see every session, and switch support access off, in Settings → Support access. Our staff are bound by confidentiality and act only on your instructions, as set out in our Data Processing Agreement.

Backups and recovery. We keep regular backups of the Service’s data and have procedures to restore the Service after a failure, such as a hardware fault, data corruption or a cyber attack. Unless a written SLA agreed with you says otherwise, we do not guarantee how quickly the Service will be restored, or that data entered shortly before a failure can be recovered. Our backups exist to restore the Service as a whole, not to recover individual records on request, and they are not a substitute for you exporting and keeping the records you need to keep, such as invoices and records required for tax.

10. Important limitations

The Service is a tool to help you run your garage. It does not replace your own professional judgement, and you remain responsible for the decisions you make using it.

No professional advice. We do not give legal, tax, accounting, MOT, vehicle-safety or regulatory advice. You remain responsible for your VAT and other tax returns, your accounting records, your compliance with MOT scheme rules and any other rules that apply to your business, the repair and safety decisions you make, and the advice you give your customers.

AI features. The AI diagnostic assistant, and any other AI feature we offer, produces answers automatically using a third-party AI model. Its answers can be incomplete, out of date or wrong. They are suggestions to help a qualified technician, not professional advice or a diagnosis: always inspect and test the vehicle and use your own professional judgement before acting on an answer or passing it on to a customer. We do not guarantee that AI answers are accurate and are not responsible for decisions made on the strength of them. AI features are optional: nothing is sent to the AI provider unless one of your users asks a question. Do not enter personal details (such as names, contact details, registration numbers or VINs) into an AI feature; the Service tries to block them, but you are responsible for what your users enter. What is sent to the AI provider, and how long it is kept, is set out in our Data Processing Agreement.

Vehicle and MOT information. Vehicle and MOT information shown in the Service (such as vehicle details, MOT due dates and MOT history) comes from government sources, including the DVSA and DVLA, and from any other vehicle data provider we use. We display it as we receive it and are not responsible for it being incomplete, out of date or temporarily unavailable, including delays or downtime in those sources. Check it before relying on it for a customer or a vehicle.

Reminders and messages. SMS and email reminders and messages sent through the Service are an aid to running your garage, not a guarantee. We will send them as scheduled, but we cannot guarantee they are delivered or read: phone numbers and email addresses change or stop working, phones are switched off, and mobile networks and email providers may delay or filter messages. You remain responsible for your own customers’ MOT, service and appointment dates, and for checking the delivery status shown in the Service before relying on a reminder. SMS messages are charged when sent, whether or not they are delivered, and we do not refund messages that are not delivered unless the failure was caused by our breach of these Terms.

Connected Services. Accounting, payment and other Connected Services are covered by clause 7: check records synced with them before relying on them.

11. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, the Service is provided “as is” and we exclude, to the fullest extent permitted by law, all other warranties, conditions and representations, whether express or implied by statute, common law or otherwise (including as to satisfactory quality, fitness for a particular purpose, and non-infringement), save that nothing in this clause excludes any warranty implied by law that cannot lawfully be excluded.

12. Limitation of liability

Nothing in these Terms limits or excludes either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.

Subject to the above, we shall not be liable for any indirect or consequential loss, or for any loss of profits, revenue, anticipated savings, business opportunity, or goodwill, however arising.

Subject to the above, our total aggregate liability to you arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of £500 and the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

13. Indemnity

You agree to indemnify and hold us harmless against reasonable losses, damages and costs we incur arising from your breach of these Terms, your Acceptable Use Policy breaches, or your unlawful use of the Service, except to the extent caused by our own breach or negligence.

14. Suspension and termination

By you. You may cancel your subscription at any time, as set out in clause 4. Cancellation takes effect at the end of the billing period you have already paid for.

By us, for convenience. We may end your subscription for any reason by giving you at least 60 days’ written notice. If we do, we will refund any Subscription Fee you have paid in advance for the period after it ends, and any prepaid Usage Fees you have not used.

For breach, non-payment or legal reasons. We may suspend or terminate your account immediately if you materially breach these Terms (including the Acceptable Use Policy) and, where the breach is capable of remedy, you fail to remedy it within a reasonable period after we notify you; if payment is significantly overdue; or if required to do so by law.

On termination, your right to use the Service ends, and your Customer Data is exported and deleted as set out in clause 5. Clause 5 (your data), clause 8 (intellectual property), clause 10 (important limitations), clause 12 (liability), clause 13 (indemnity) and clause 17 (governing law) survive termination.

15. Force majeure

Neither party is liable for delay or failure to perform obligations (other than payment obligations) caused by circumstances beyond its reasonable control, including but not limited to internet or utility outages, third-party service failures, or acts of government.

16. General

Assignment: You may not assign or transfer these Terms without our written consent, not to be unreasonably withheld. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices: Legal notices should be sent to support@totalsoft.co.uk, or to the postal address in clause 1. We may send notices to the email address on your account.

Entire agreement: These Terms, together with the Acceptable Use Policy and Data Processing Agreement, and any order form or written agreement signed by both parties, form the entire agreement between us regarding the Service, superseding prior discussions. Our Privacy Policy explains how we handle personal data; it is not part of this contract.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

No waiver: Failure to enforce a right under these Terms is not a waiver of that right.

Third-party rights: A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

17. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, save that we may seek injunctive relief in any jurisdiction to protect our intellectual property.

18. Changes to these Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days’ notice by email or in-platform notice before the change takes effect. Continued use of the Service after that date means you accept the updated Terms. If you do not agree with a change, you may cancel your subscription before it takes effect (clause 4).

19. Complaints and contact

If you have a complaint about the Service, please contact us first at support@totalsoft.co.uk so we can try to resolve it directly.