On 29 April 2021, we updated our general customer terms and conditions (our customer agreement) and our data processor agreement. You’ll find details of the most important changes here.
Main changes to the customer agreement
We have significantly restructured the way our customer agreement looks. While most of the commercial content remains the same, we’ve made the following changes:
- We extended your termination rights
That’s correct. We now allow customers to terminate at any time within the first three months of their Capdesk subscription, at which point any prepaid fees for future subscription periods are refunded. This is to allow customers to exit if the onboarding process (which usually takes place in the first month of your subscription) or initial product experience are not satisfactory.
- We made your termination rights clearer
In the previous version of the customer agreement, termination rights were not very clearly conveyed, so we’ve amended them. Apart from the extended rights as described above, your termination rights remain unchanged. Here’s a summary of your rights:
- You can terminate at any time during your first three months.
- After the first three months, you commit to staying with us for the rest of your subscription term. If you decide to terminate, this will come into effect at the end of your subscription period.
- When your subscription is renewed, you commit to staying with us for the rest of your renewed subscription period. If you do not wish to renew your subscription, you must give notice of cancellation 30 days before your renewal date. You remain entitled to request a termination for substantial reasons at any time where we have materially breached the customer agreement.
- We limited our ability to terminate the agreement
On our side, our capacity to terminate the agreement is now limited. Where we could previously terminate the agreement with 30 days’ notice, we can now only terminate with three months’ notice and only with effect at or after the end of a subscription period.
- We clarified billing aspects
You primarily manage your billing details, including billing frequency and other specific terms, in the application (and outside of the customer agreement). The customer agreement primarily deals with account signup, subscription start, renewal and termination. We’ve made this clearer. We’ve also clarified that our UK customers are contracting with us via our UK establishment, whereas all other customers contract with us via our DK incorporation. Read more on how we apply VAT.
- We added a confidentiality clause
Although we have always kept your data confidential, the agreement now makes our commitment more explicit.
- We allowed ourselves to tell the world that you’re our customer
On occasion, we may want to share your name and logo, e.g. on our website, and we now have that right by default. Contact our support team if you’d like to opt out.
- We allowed ourselves to refer you to our integrated partners
In pursuing the best possible service for you, we may want to share your company contact details with relevant third parties who offer integrated services. For example, if you would like to carry out a secondary transaction, we may connect you to our partner Seedrs. We will now assume we have permission to share your contact details by default. Contact our support team if you’d like to restrict permissions.
- We gave you the right to audit us
Apart from what is set out in the data processor agreement, you now have the explicit right to audit us (terms and conditions apply).
- We simplified the position on liability
We have simplified our liability, keeping or increasing existing liability caps. To give our customers additional protection we now indemnify you for third party IP infringement in relation to your use of Capdesk.
Main changes to the data processor agreement
The data processor agreement is a sub-agreement of the customer agreement. Under data protection regulations, such as GDPR, we need you to agree to these conditions in order for us, as a data processor, to deliver services on your behalf, to you, the data controller.
- We updated our list of sub-processors
Sub-processors are third parties we rely on to deliver the Capdesk service. We now include a selection of extra tools such as Slack for internal communication, JIRA for product management, Sentry for bug-fixing and Stitch for internal reporting. We will continue to process data in a secure and compliant manner and rely on market-leading, secure and compliant sub-processors.
- We clarified our stance on data processing in the UK and the EU
It is now clear that we interpret the UK and the EU as secure data-processing locations, from the perspectives of both UK and EU data protection legislation, and we allow ourselves to process data in either location.
- We clarified how we handle data transfer outside the UK and the EU
It is now clear how we handle data transfers and processing outside the UK and the EU; in particular, we make it clear that we do not rely on the EU-US Privacy Shield for US transfers, and thereby we bring the clause in line with the Schrems II decision.
- We clarified the connection to the customer agreement
We centralised all notice, liability and termination handling in the customer agreement, and made it clear that you cannot terminate one of the two agreements alone. You may still terminate the data processor agreement – this leads to termination of the customer agreement as well.
The changes in full