Terms & Conditions

1. Scope and business use

These terms apply to services supplied by NCR Pads Ltd, trading as Formsy® (“Formsy”, “we”, “us” or “our”), including the Formsy® platform, subscriptions, digital form setup and agreed integration or development work.

Your order, accepted quotation or other agreed service description forms part of the contract. If there is a conflict, a specifically agreed written quotation or order takes priority for the services it describes.

2. The Formsy® service

Formsy® provides digital forms that authorised users can complete, save, submit, search and, where available, generate or send as documents. Features depend on the customer's plan, configured forms and any separately agreed services.

We may improve or update the service from time to time. We will not deliberately remove a material core feature from a paid plan during a current billing period without a reasonable operational, security or legal reason.

3. Form setup and changes

Digital form setup is charged separately unless we expressly agree otherwise. We will normally provide a quote based on the form and requirements supplied to us. Work outside the agreed scope, later alterations or additional forms may be quoted separately.

The customer is responsible for checking and approving a configured form before operational use, including wording, fields, calculations, numbering, required information and any regulatory content. We will correct setup errors that do not match the agreed specification, but changes to the customer's requirements may be chargeable.

Form templates and ownership

Any digital form, template or configuration created or adapted by us for use with Formsy® is provided solely for use as part of the Formsy® service. Formsy® templates, configurations and functionality are not supplied as standalone products and cannot be transferred to or used within another forms platform or service.

This does not affect your ownership of any original documents, wording, content, branding, logos, data or other materials supplied by you for the purpose of creating your Formsy® forms.

Completed forms, generated PDFs and the information you enter into Formsy® remain yours and may be downloaded, saved, emailed, shared or otherwise used by you as required, including being sent to or integrated with third-party systems where supported by Formsy®.

4. Subscriptions, users and payment

Subscription charges, included users and form allowances are shown on our Pricing page or in your agreed quotation. Prices are exclusive of VAT unless stated otherwise.

Fees are payable in accordance with the billing arrangements agreed at signup or in your quotation. If payment becomes overdue, we may suspend access after giving reasonable notice where appropriate.

Form setup fees are separate one-off charges for creating and configuring forms for use with Formsy®. Once form setup work has commenced, setup fees are non-refundable, except where required by law or expressly agreed otherwise in writing.

Unlimited completed form storage means storage for an unlimited number of completed forms, subject to reasonable use. It is intended for normal storage use of the service by the subscribing organisation and does not permit abusive, automated or exceptional usage that materially affects the service or other customers. If storage usage becomes unusually high, we will normally contact the customer to understand the requirement before taking action.

5. Accounts and acceptable use

The customer must ensure that only authorised users access its account, keep login credentials secure and promptly remove access for users who no longer require it.

You must not use Formsy® unlawfully, attempt to gain unauthorised access, interfere with the service, introduce malicious code, circumvent usage or security controls, or use the service in a way that could damage Formsy or other users.

6. Customer data and responsibilities

The customer retains its rights in the information, documents, logos, images and other content it supplies to or stores in Formsy® (“Customer Data”). The customer gives us the rights necessary to host, process, reproduce and transmit Customer Data solely as needed to provide and support the service.

The customer is responsible for ensuring it has a lawful basis and any necessary notices, permissions or consents to collect and use Customer Data. The customer is also responsible for deciding what records it must keep and for how long, including any industry-specific or statutory record-keeping requirements.

Formsy is a tool for creating and managing digital records. Unless expressly agreed in writing, we do not provide legal, tax, accounting, environmental or other professional advice and do not certify that a customer's particular form or workflow meets every legal or regulatory requirement applicable to that customer.

7. Data protection

Each party must comply with the data protection laws that apply to it. For personal data that we process on the customer's behalf through customer forms, the customer will normally be the controller and NCR Pads Ltd the processor.

In that processor role, we will process personal data on documented instructions from the customer (including these terms and the customer's use of the service), ensure persons authorised to process it are subject to confidentiality obligations, apply appropriate security measures, impose appropriate data protection obligations on sub-processors, and provide reasonable assistance with applicable data protection obligations.

At the end of the service, Customer Data will be returned, made available for export or deleted in accordance with the service arrangements and applicable legal requirements. Our Privacy Policy & Cookies explains how we handle information where NCR Pads Ltd acts as controller.

8. APIs, integrations and third-party services

API integrations, where available, are normally scoped and quoted separately. Their operation can depend on third-party systems that we do not control.

We do not guarantee that a third-party API or service will remain available, unchanged or compatible. If a third party changes, restricts or withdraws its service, additional development may be required and will be discussed with the customer.

References to planned integrations, including government or regulatory services, describe intended development only unless we expressly confirm that the integration is live and included in the customer's service. Customers remain responsible for verifying successful submissions and meeting applicable regulatory deadlines.

9. Availability, offline use and support

We aim to provide a reliable service but do not promise uninterrupted or error-free availability. Access may occasionally be affected by maintenance, upgrades, internet or mobile connectivity, third-party services, security events or circumstances outside our reasonable control.

Where offline functionality is available, data will normally synchronise when connectivity returns. Users should confirm that important records have synchronised successfully before relying on them as submitted or shared.

10. Intellectual property

NCR Pads Ltd and its licensors retain all intellectual property rights in the Formsy® platform, software, underlying technology, branding, templates, code and materials we create, except for Customer Data and any rights expressly assigned in writing.

The subscription gives the customer a limited, non-exclusive, non-transferable right to use the service for its internal business purposes during the subscription term.

11. Suspension, cancellation and termination

Starter and Business subscriptions are provided on a monthly rolling basis and billed monthly in advance. Customers may cancel at any time. Cancellation will take effect at the end of the current paid billing period, and access to the service will continue until that date. Subscription fees already paid are non-refundable, except where required by law.

Enterprise plans, bespoke integrations and other individually quoted services may be subject to different subscription periods, notice requirements or cancellation terms, which will be stated in the applicable quotation or agreement.

Either party may terminate where the other commits a serious breach and, where the breach can be remedied, fails to remedy it within a reasonable period after written notice. We may suspend access where reasonably necessary to protect security, prevent unlawful or abusive use, respond to a material breach or address overdue payment. Where practicable, we will give notice and an opportunity to resolve the issue.

Customers should export records they need before their access ends. Following the end of a Starter or Business subscription, we will normally make remaining Customer Data available for export for 30 days before deletion, unless a different period is required by law, agreed in writing or reasonably necessary for backup, security or legal purposes. Customers remain responsible for retaining any business records they are legally required to keep.

12. Liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to that, neither party will be liable to the other for indirect or consequential loss, or for loss of profit, revenue, business, anticipated savings or goodwill, to the extent such losses are legally capable of exclusion in a business contract.

Our total aggregate liability arising from the service will, to the extent permitted by law, be limited to the fees paid or payable by the customer to NCR Pads Ltd for the affected Formsy® service during the 12 months immediately preceding the event giving rise to the claim. This limitation does not apply to liabilities that cannot lawfully be limited.

Customers are responsible for maintaining appropriate business continuity arrangements and for checking critical records, submissions and outputs.

13. General

Neither party is responsible for delay or failure caused by events outside its reasonable control, provided it takes reasonable steps to minimise the effect.

If any provision is found unenforceable, the remaining provisions will continue in effect. A delay in enforcing a right does not waive that right.

We may update these standard terms for future renewals or where reasonably required by law, security or changes to the service. We will give reasonable notice of material changes affecting an existing paid service.

The contract is governed by the law of England and Wales and the courts of England and Wales will have jurisdiction, subject to any mandatory law that applies otherwise.

Questions about these terms can be sent through our Contact page.