About these terms
These terms are an agreement between the company or organisation that holds a SAMRISK account ("you", "your company") and Remiam Limited, trading as SAMRISK, a company registered in England and Wales with company number 10829191, whose registered office is at 37 Southgate Street, Winchester, Hampshire, SO23 9EH ("we", "us", "SAMRISK"). SAMRISK is a product of Remiam Limited.
They apply from when someone accepts them for your company, usually when creating its account or choosing a plan. Whoever accepts them confirms they are allowed to agree on your company's behalf. SAMRISK is for business and organisational use; these terms are not written for consumers.
Our privacy policy explains how we handle personal data. Our data processing agreement, which covers the personal data in your company's records, forms part of these terms; ask us for a copy at [email protected]. If an order form signed with us for an Enterprise plan says something different, the order form wins.
Accounts and roles
People and roles
Each person has their own account. Sharing a sign in is not allowed. Within your company each person has a role:
- Admin: everything a manager can do, plus people, billing and company settings. A company always has at least one admin.
- Manager: creates and changes buildings, sites, audits and records, and approves.
- User: works on the records they are given. Admins can limit a user to chosen buildings and sites, or to one client's places.
Your responsibilities for accounts
Your admins decide who has access and at what role, and remove people who leave. Keep sign in details safe and tell us at once at [email protected] if you think an account has been misused. You are responsible for what is done through your company's accounts.
Our staff
A small number of our staff can see across companies to run the platform and give support, as the privacy policy describes, including a read only "view as" that needs a reason, lasts at most 30 minutes and is shown in your company's activity log.
Plans and billing
Plans
You choose a plan and the tools you switch on. The plans and prices today are shown at the top of this page and on our pricing page; the price shown in the app when you buy is the one that applies. Prices are in pounds sterling and are what you pay. Remiam Limited is not registered for VAT, so no VAT is charged. If that changes, we will give your admins at least 30 days' notice by email before VAT is added.
- Free has the limits shown and can add individual tools.
- Pro and Business include more buildings, sites, people, storage and tools, and can add extra buildings, sites, people and storage.
- Enterprise is agreed with you and set out in an order form.
- Some tools are bought on their own, such as the building safety case. Three or more land tools together are discounted as the pricing page shows.
Paying
Paid plans are billed in advance, monthly or yearly, through our payment provider. Card details go to the provider and never to us. Tools, extra buildings, sites, people and storage are added to the same subscription and billed with it. Something added part way through a period starts at once, and a pro rata charge for the rest of that period is added to your next invoice. A change of plan made in the billing portal is charged as the portal shows before you confirm it. Invoices are available in billing settings.
Trials
When you choose a paid plan as you set up your company you get a 30 day free trial. You give a payment method at the start; nothing is charged during the trial. When the trial ends the plan becomes paid and is charged unless an admin cancels before then.
Late payment
If a payment fails, our payment provider tries again and SAMRISK shows your admins and managers that the payment is overdue. While it is overdue the paid tools are off and your company has the features and limits of the Free plan; its records are kept. When the payment goes through, the paid plan comes back. If it is still unpaid 21 days after it first failed, the subscription ends and the company moves to the Free plan.
Price changes
We will give your admins at least 30 days' notice by email before a price you pay goes up. The new price applies from your next billing date after the notice ends. If you do not want it, cancel before then.
Cancelling and refunds
An admin can cancel at any time from billing settings, where our payment provider's billing portal also handles plan changes, payment details and invoices. A cancelled plan runs to the end of the month or year already paid for; the company then moves to the Free plan and keeps its records within the Free plan's limits.
We do not refund part periods or unused time, except where the law requires or we agree otherwise. Nothing in these terms takes away rights you have by law.
Using SAMRISK fairly
You must not, and must not let anyone else:
- use SAMRISK for anything unlawful, or to record data you have no right to hold;
- upload malicious code, or try to get into other companies' data, our systems or anyone's account;
- test, scan or load SAMRISK in a way that harms the service, without our written permission;
- copy, resell or rent out SAMRISK, or use it to build a competing product;
- take data out of SAMRISK by automated means other than the exports, feeds, webhooks and integrations we provide;
- use public pages such as visitor sign in to send spam or to collect other people's data.
We may suspend access that breaks these rules or puts the service or other customers at risk. We will tell you why and restore access when the problem is fixed, unless the breach is serious or repeated.
Your data
It stays yours
Everything your company puts into SAMRISK ("your data") belongs to your company or whoever supplied it. You give us permission to store, copy and process it only to provide, secure and support SAMRISK for you, and as the data processing agreement allows.
Your responsibility for it
You are responsible for your data being accurate and lawful, for having the right to record what you record about people, and for telling them, for example visitors who sign in at your buildings. Your company is the controller of the personal data in its records; we are its processor.
Getting it out
You can export registers to CSV or Excel and download your documents at any time while your account is open. When a record is deleted it stays in Recently deleted for 90 days, where an admin or manager can restore it, and is then removed for good.
Data about how SAMRISK is used
We may use information about how the service is used, combined so that it does not identify your company or any person, to run and improve SAMRISK.
Safety, compliance and advice
SAMRISK is a tool for keeping safety, compliance and land records: audits, risk scores, safety case documents, inspections, clocks and reminders. It is not legal or professional advice and it does not replace a competent person. In particular:
- you and your duty holders remain responsible for meeting the Building Safety Act 2022, the Regulatory Reform (Fire Safety) Order 2005 and any other law that applies to your buildings and land;
- risk scores, due dates, templates, guidance and suggested wording are general aids, written as at a date, and may not fit your building or the latest law;
- SAMRISK does not submit reports to the Building Safety Regulator or anyone else for you; it keeps your record of what you sent.
Availability and changes to SAMRISK
We work to keep SAMRISK available and to fix faults promptly, but we do not promise it will never be interrupted, for example during maintenance, updates or events beyond our control. We do not offer a formal service level or uptime commitment. We aim for high availability and tell your admins about planned maintenance in advance.
We keep improving SAMRISK and may change features. If we remove a feature you pay for, we will give reasonable notice and either a replacement or a fair reduction in price.
We keep rolling backups, for up to 30 days, to recover from faults. They are not a substitute for exporting the records you must keep.
Intellectual property
We, or our licensors, own SAMRISK: its software, designs, templates, guidance and content, apart from your data. While your subscription lasts we give your company a non-exclusive, non-transferable right to use SAMRISK for its own business. If you send us suggestions we may use them freely.
Aerial imagery and map data are provided by third parties under their own licences and carry their credits.
What we promise and liability
Except as these terms say, SAMRISK is provided as it is and as available. We make no other promises about it, including that it is fit for a particular purpose or free of errors, to the extent the law allows.
Our total liability to your company under or in connection with these terms, in any year, is limited to the fees your company paid us in the 12 months before the event giving rise to the claim. We are not liable for loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.
You are responsible for loss we suffer because your company breaks the rules in "Using SAMRISK fairly" or because your data infringes someone else's rights.
Ending the agreement
- You can end the agreement by cancelling and asking us to close your company's account.
- We can end it on 30 days' notice for any reason, and at once if your company seriously breaks these terms and does not put it right within 14 days of being told, or becomes insolvent.
When the agreement ends, access stops at the end of the period paid for. You have 30 days after that to export your data; at the end of those 30 days we delete your company's records and files, except billing records, which we keep for six years as HMRC requires, and they leave our backups as the backups expire. If we end the agreement without cause, we will refund any fees paid for time after it ends.
The parts of these terms that by their nature should continue, such as liability and the law that applies, continue after the agreement ends.
Changes to these terms
We may update these terms. We will email your admins at least 30 days before a change that affects you materially takes effect. If you do not agree, you can cancel before then. Continuing to use SAMRISK after that date means accepting the change. The date and version at the top show the current terms.
General
- Events beyond our control: we are not responsible for delay or failure caused by events outside our reasonable control.
- Transfer: you may not transfer this agreement without our written agreement; we may transfer it to a company that takes over SAMRISK, and will tell you.
- Whole agreement: these terms, the data processing agreement and any order form are the whole agreement about SAMRISK.
- Severance and waiver: if part of these terms cannot be enforced the rest still applies; not enforcing a right now does not give it up.
- Third parties: no one else has rights under these terms under the Contracts (Rights of Third Parties) Act 1999.
- Notices: we send notices to your admins' email addresses; send yours to [email protected].
Law and disputes
The law of England and Wales applies to these terms and any dispute about them, and the courts of England and Wales decide any dispute. Please tell us first; most things are sorted out by a conversation.
Contact us
- About these terms: [email protected]
- Help with your account: [email protected], or raise a ticket from the app.
- The company: Remiam Limited, registered in England and Wales, company number 10829191, registered office 37 Southgate Street, Winchester, Hampshire, SO23 9EH.