terms of service

By registering an account with the website app.nimbla.com ('the App', 'the Website', 'Nimbla') you will be deemed to have read and accepted the terms of service described below ('the Terms'). Please read these conditions carefully and if you have any questions please email us at support@nimbla.zendesk.com and do not register an account until you are comfortable with these Terms.

Nimbla is a credit control and invoice insurance platform made possible through machine learning and cloud accounting software. To make use of the Nimbla service you will need to integrate your Nimbla account with your cloud accounting software ('Accounting Software') and grant Nimbla access to your organisation's Accounting Data ('the Accounting Data'). By agreeing to these terms, you are agreeing to allow TradeCrediTech Limited ('We', 'Us', or 'TradeCrediTech') to access the Accounting Data and confirm that you have the necessary authority (and / or permissions) to do so. This Accounting Data may also contain information relating to your customers and suppliers. By agreeing to these Terms, you confirm that you have the necessary permissions from third parties referred to within your Accounting Data.

About Nimbla

Nimbla is a trading name of TradeCrediTech Limited which is an appointed representative of Ambant Underwriting Services Limited (for general insurance intermediary business), a company authorised and regulated by the Financial Conduct Authority under firm reference number 597301 to carry on insurance mediation activities. TradeCrediTech Limited is registered in England and Wales company number 10211946. Registered office at Marlow House, 1a Lloyd's Avenue, London, EC3N 3AA.

Nimbla is a flexible cloud based credit control and trade credit insurance platform allowing you to monitor and limit your trade credit exposure. This service is made possible through easy integration with your accounting software, allowing us access to real time information regarding your trading history.

We use this information to identify upcoming and overdue payments, taking a proactive approach by automatically generated late payment reminders and, where necessary, instructing debt collection. In doing so we are able to minimise your insurance premium with Nimbla.

Definitions

"Nimbla" :The web service available from the website app.nimbla.com. An online platform to monitor risk, access company credit reports and insure invoices against counterparty insolvency and bankruptcy, or debt collection fees. Nimbla is a trading name of TradeCrediTech Limited. Nimbla may also referred to as 'the App', 'the Website' or 'the Service'.

"TradeCrediTech" : TradeCrediTech Limited is an appointed representative of Ambant Underwriting Services Limited (for general insurance intermediary business), a company authorised and regulated by the Financial Conduct Authority under firm reference number 597301 to carry on insurance mediation activities. TradeCrediTech Limited is registered in England and Wales company number 10211946. Registered office at Marlow House, 1a Lloyd's Avenue, London, EC3N 3AA. TradeCrediTech Limited may also be referred to as 'Us', 'We' or 'Our'.

"the Terms" : The terms and conditions as detailed within this document and as pertaining to the use of Nimbla.
"You"The individual using the Nimbla service, with all necessary authority to act as a representative of the organisation or individual with ownership of the Accounting Data.

"Your Firm" : The business entity whose Accounting Data you have shared with Nimbla.

"Accounting Data" : Information relating to your past and present invoices, accounts payable and other data made available through integration with your accounting software.

"Accounting Software" : Software used by You (and / or Your Firm) to manage your Accounting Data.

"Personal Data" : Information provided by you directly or indirectly, from which you or a third party may be identifiable.

"the Act" : The Data Protection Act of 1998

"Our Users" : Registered users of Nimbla

Software Compatibility

Our service is made possible through cloud based accounting software. To provide this service you must be using compatible accounting software, which includes “Xero”. This list may be updated from time to time and without notice.

Accuracy of Information

Nimbla is able to offer analysis by reviewing the Accounting Data you provide alongside aggregated Accounting Data provided by all of Our Users. When you register with Nimbla you warrant that you will maintain accurate and up to date records of your trading history with relevant third parties. You confirm that you will not manipulate, distort or otherwise provide inaccurate information in a manner that may lead to a misleading representation of any third party, to the Nimbla service directly or through your Accounting Software.

Pending late payment reminders, final demands or debt collection instructions will be identified to You in advance of such action. Such actions are triggered on the Thursday of each week. It is your responsibility to monitor this and correct any omissions or inaccurate information prior to this. You confirm that Nimbla has permission to take such action and will not be liable for any acts or omissions resulting from your failure to provide accurate information or from your failure to reconcile your accounts in a timely manner.

By agreeing to these Terms you warrant that you possess all necessary consents or waivers to grant us access to your Accounting Data, and that we have the right to freely use this information as stated in these Terms.

You will be liable to us and identify to us any breach of these Terms that you make, and for any liability we incur in sending out payment reminders to any third party. Such indemnity will cover any consequential loss or damage We suffer as a result of such breaches.

TradeCrediTech may, from time to time, request that you verify any Accounting Data You have provided to Us, and confirm that You will co-operate with such requests, providing any requested information and assistance as We may reasonably require and You will do so at your own cost.

Use of Information

TradeCrediTech shall make all reasonable efforts to provide the Nimbla services and associated features, however TradeCrediTech shall not be held liable when failure to do so results from factors outside of Our control. Such external factors include, but are not limited to, the failure or improper performance by third parties who provide outsourced services utilised in the delivery of Nimbla, any failure on your part to maintain a connection between Nimbla and your Accounting Software, or should You provide inaccurate information and Accounting Data.

We aim to protect your identity and will only disclose this if reasonably required to do so by operation of law or in accordance with a court order, or if We believe it is appropriate in all of the circumstances to do so.

Payment

The Nimbla service is currently free of charge to join and access credit reports and payment forecasting information among other features. We may introduce subscription tiers at a later date. You will be given notice via email prior to any restrictions to the service available to you as a free user in advance. You will be under no obligation to become a paying subscriber and are may choose to close your Nimbla account at any time.

Insurance products are available at additional cost to You. Estimated prices will be available from within Nimbla and final quotes for insurance premiums will be made clear in prior to the your of any insurance product from Nimbla.

Nimbla and TradeCrediTech are under no obligation to offer or provide insurance.

End of Service

Should your membership expire or be cancelled at any time, access to related features will be immediately suspended.

Access to the Nimbla service may be terminated should either party be found in breach of these terms. In such instance, written notice must be provided to the other party, and termination shall occur if the breach has not been rectified within 30 days. Termination shall nullify any further liability for performance of the Nimbla service to you.

Should your access be terminated, or if You choose to close your account with Nimbla, You may request that We delete any information We hold relating to you. Please contact support@nimbla.zendesk.com if You would like Us to do so.

We may delete, and without notice to You, all information held by TradeCrediTech relating to You should your access to the Nimbla service be terminated or if You choose to close your account.

Accounting Data that has been anonymised and cannot be directly or indirectly linked to You or Your Firm may remain with Nimbla.

Compliance with Relevant Law

We undertake to comply with the Data Protection Act of 1998 and all other applicable statutes, laws, regulations, directives or requirements made by any government authority or equivalent regulatory body with relevant jurisdiction.

The Data Protection Act of 1998 (“the Act”) applied to data from which living individuals may be identified (“Personal Data”). Any Personal Data You enter into the Nimbla service may be included by the Act, as well as correspondence with TradeCrediTech.

You are responsible for the accuracy of this data and are liable for any damage resulting from failure your failure to provide accurate data.
We may from time to time use Personal Data regarding your customers, that You have provided either directly or indirectly through your Accounting Software. This Personal Data may be used to chase payment, instruct debt collection agencies or claims processing agencies. Personal Data of your customers may be passed to those third parties involved in providing the Nimbla service and as applicable laws may permit. You must have authority to provide us with this information and to authorise us to process this personal data as described in these terms.

Other Terms

You may not assign, license or transfer any of your obligations under these terms to a third party. TradeCrediTech may freely assign our rights and obligations under these Terms.

Should either party fail to, or delay, exercise of any right or solution available under these terms, this will not impede that party’s ability to exercise such rights in the future. A waiver granted relating to a breach of these terms shall not extend to any further breaches.

These terms, in conjunction with any related documents specified within these terms, shall constitute the whole agreement between us.
Each provision or part of a provision included within this document is separately enforceable. Should part of a provision be deemed by unenforceable or invalid by a court or other administrative authority with relevant jurisdiction, all other provisions and parts of that provision remain enforceable.

Should a provision or part of a provision be found unenforceable in its current form, but would be enforceable with the removal of words within the relevant provision, then the provision shall apply with such modifications deemed necessary.

A person not party to this agreement has no rights, under the Contracts (Rights of Third Parties) Act 1999, to enforce any of these terms, however this does not affect any right or remedy that exists or is available apart from that act.

These terms are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.