Legal / Terms of Service

Hospitech — Terms of Service

Provider: Hospitech Solutions Ltd ("Hospitech", "we"), 14 Cronans Well Grove, Swords, Co. Dublin, K67 X5F1, CRO no. 817101. Customer: the business that creates an account ("you", the "Customer"). These terms are between Hospitech and the business, accepted by the person creating the account, who confirms they are authorised to bind that business.

1. The service

1.1 Hospitech is a staff-management platform for hospitality businesses, provided as a hosted service at hospitech.ie. It is modular; you subscribe to one or more of:

1.2 Staff records are shared across the modules you subscribe to, so an employee entered once is available to each. Adding or removing a module does not require re-entering your staff. 1.3 Some modules are delivered at their own web addresses. Where you use a custom address of your own (for example hr.yourvenue.ie), you are responsible for the DNS records; we are responsible for serving your account correctly at it.

2. Plans and pricing

2.1 The Service is priced per module, per venue, per month:

Prices exclude VAT where it applies. The published prices at hospitech.ie/#free form part of these terms.

⚠ PROVISIONAL — figures, not the structure. Mark's position (01/08): the pricing shape is settled — per module, per venue, with a bundle — but the two numbers are deliberately not confirmed until closer to launch. Read the table as illustrative. The structure below (2.2 to 2.6) does not depend on what the numbers turn out to be and can be reviewed as it stands.

2.2 The free-forever offer in v0.1 is not carried forward. v0.1 promised the first 50 accounts the Service free and indefinitely for up to 100 staff. That was written for a single free scheduling tool, and applied unchanged to a five-module platform it would give HR, HACCP and Training away permanently. It is withdrawn for new accounts. Anyone who signed up while that offer was published is honoured on the original terms.

⚠ Correction, 01/08. An earlier version of this clause said the offer "was never published and no such promise has been made to any business". That was wrong. hospitech.ie has been publicly serving a page carrying the Founding-50 free-forever offer. In practice the site had no traffic and no announcement, so the number of businesses that relied on it is very probably zero — but "probably zero" is not "none", and the clause must not be drafted as though the offer was never made. The wording above is the safe version: withdrawn going forward, honoured for anyone who took it up. Solicitor: confirm this is sufficient, and check whether the published-then-withdrawn sequence creates any exposure.

2.3 Founding customers. We may agree a reduced or free rate with an early customer. Where we do, it is recorded against that customer's account with an end date, and it is honoured to that date regardless of later price changes.

2.4 Your price is fixed on the day you subscribe. Changing the list price never re-prices an existing subscription. If we increase what you pay, you get at least 30 days' notice and may leave before it takes effect. (One exception, stated because it is genuinely different: the all-five bundle rate is a live rate, so a change to it does change what bundled venues pay from the next billing period. If you are on the bundle and would rather be on fixed per-module prices, ask.)

2.5 Payment. Billing is monthly in advance by card, handled by Stripe; we do not hold your card details. If a payment fails we will contact you and retry. An account that remains unpaid 14 days after the first failure is closed as described in clause 9 — modules switched off, data untouched, and everything in the 90-day window still open to you. We do not delete anyone for non-payment and we never withhold an export over money owed.

2.6 Exceeding a plan's staff limit prevents adding further staff only. It never suspends the account, restricts existing features, or withholds data. Data export (clause 9) is free on every plan, always.

3. Your account and responsibilities

3.1 You are responsible for: the accuracy of the data you and your staff enter; keeping credentials secure; and ensuring only authorised people hold manager access. 3.2 You confirm you have the right to enter your staff's personal data into the Service and that you will meet your own obligations to those staff (see clause 6). 3.3 Acceptable use is set out in the Acceptable Use Policy, which forms part of these terms: in short, no unlawful use, no attempts to reach another customer's data, no reselling the Service without written agreement. We may suspend accounts that breach it, with notice where practicable. Suspension is not deletion — your data remains and your export remains available.

4. Compliance stays yours

4.1 The Service assists with record-keeping, calculation and evidence, but does not constitute legal, payroll, employment, food-safety or health-and-safety advice.

4.2 Employment. You remain solely responsible for compliance with employment law, including the Organisation of Working Time Act 1997 (working-time records and their retention), correct payment of wages, and the accuracy of any payroll you run from exported data. Verify payroll outputs before paying staff. Break rules, rounding rules and premiums are configurable by you; your configuration must match your legal obligations and contracts.

4.3 Contracts and documents. Contract templates provided with the Service are starting points, not legal advice, and are not tailored to your business. You are responsible for the content of any document you issue to your staff and should have your templates reviewed before use.

4.4 Food safety. You remain the food business operator. The HACCP module records what your staff record; it does not perform checks, verify their truthfulness, or make your business compliant with Regulation (EC) 852/2004. Responsibility for your food-safety management system, and for what an inspector is shown, remains entirely yours.

4.5 Health and safety. Nothing in the Service discharges your duties under the Safety, Health and Welfare at Work Act 2005.

5. Training and certification

5.1 Courses provided in the Training module are internal training. Certificates issued by the Service record that a named person completed a course and reached the pass mark on a given date.

5.2 These certificates are not externally accredited and are not awards of QQI, EHAI, or any other awarding body. They evidence that you have trained your staff — which is what Regulation (EC) 852/2004 Annex II Chapter XII requires of a food business operator — but they are not a substitute for an accredited qualification where one is specifically required.

5.3 Manual Handling in particular: the General Application Regulations 2007 require a practical assessment by a competent person. Any manual-handling course in the Service covers theory only and does not by itself satisfy that requirement.

5.4 You are responsible for deciding whether the training provided is appropriate to the roles your staff perform, and for arranging accredited or practical training where the law or your own risk assessment requires it.

6. Data protection

6.1 For personal data of your staff processed in the Service, you are the controller and Hospitech is your processor. The Data Processing Agreement at hospitech.ie/legal/ is incorporated into these terms. 6.2 The Service processes special-category (health) data where you use sick-leave recording or food-safety illness reporting. Establishing and recording your lawful basis for that processing is your responsibility as controller — see DPA §2A. 6.3 For account-holder data (your login, billing contact, support correspondence), Hospitech is the controller — see the Privacy Notice at hospitech.ie/legal/.

7. Service level

7.1 The Service is provided on a reasonable-endeavours basis. We do not guarantee uninterrupted availability, and free plans carry no service-level commitment. 7.2 The tablet clock-in and the in-venue check screens are designed to operate offline and synchronise later; you should nonetheless maintain reasonable local practices (e.g. a paper fallback) for extended outages. For food-safety records in particular, a paper fallback is your responsibility — an outage does not suspend your legal duty to keep records. 7.3 We may modify the Service. We will not materially reduce the core functionality of a module you subscribe to without at least 90 days' notice.

8. Liability

8.1 Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be excluded under Irish law. 8.2 Subject to 8.1, Hospitech is not liable for indirect or consequential loss, loss of profits, or loss arising from: your configuration choices; inaccurate data entry; payroll decisions made without verification; the outcome of any inspection, audit or enforcement action; or third-party outages beyond our reasonable control. 8.3 Subject to 8.1, Hospitech's total aggregate liability in any 12-month period is capped at the greater of €100 or the fees you paid us in that period. ⚠ For review: a €100 floor was written for a free product. For a paid platform carrying payroll, contract and food-safety records, the solicitor should advise whether this cap is enforceable and commercially sensible.

9. Your data, export, and exit

9.1 Your data is yours. You may export it (CSV) at any time, free, on every plan.

9.2 If you close your account, your modules are switched off and your subscriptions cancelled that day. No data is deleted. For 90 days afterwards your data remains exactly as you left it, your login continues to work so you can export, and you may reopen the account — reopening restores the modules you had. At the end of the 90 days your data is deleted, apart from records we must keep by law and a record of the deletion itself holding no personal data. The full detail is in Leaving Hospitech, which forms part of these terms.

9.3 Several categories must be retained by you as employer or food business operator, for periods longer than our 90 days — see DPA clause 8 for the list. Export before closing.

9.4 Shutdown commitment: if Hospitech ever discontinues the Service, every customer receives at least 90 days' written notice and a full export before anything is deleted. See the Data Portability Commitment, which is binding on us.

10. Term, changes, and general

10.1 These terms apply from account creation until the account is closed by either party. We may terminate for material breach; you may leave at any time. 10.2 We may update these terms with at least 30 days' notice for material changes; continued use after notice is acceptance. The shutdown commitment (9.4) will not be diluted by later versions. 10.3 Governing law: Ireland. Courts of Ireland have exclusive jurisdiction. 10.4 Contact: hello@hospitech.ie.

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