Terms of Service

These Terms of Service (“Terms“) are the agreement between Colourmedia Solutions Ltd, a company registered in England and Wales (company number 9703935), whose registered office is at Unit C, Moorhouse Courtyard, Warwick-on-Eden, Carlisle, Cumbria, CA4 8PA (“Colourmedia“, “we”, “us”), and the business that has a PushWMS account (“you“). They cover your use of PushWMS, our multichannel inventory, order and warehouse management service, including its website, the warehouse apps for Android and iPhone, PushWMS Print, and its connections to sales channels, couriers and accounting software (together, the “Service“).

By accepting an invitation to set up a PushWMS account, installing PushWMS from a sales channel’s app store, or using the Service, you agree to these Terms on behalf of your business, and you confirm you have authority to do so. Our Acceptable Use Policy and Data Processing Agreement form part of these Terms. If you have signed an order form or other written agreement with us (for example for the Enterprise plan), it takes priority over these Terms where they differ.

1. Business use only

PushWMS is for businesses. You confirm that you are using the Service for the purposes of your trade, business or profession and not as a consumer.

2. Your account

2.1 Each account has its own address (for example yourname.pushwms.com) and at least one owner. Owners can invite other people and choose what each of them can do. You are responsible for everyone who uses your account and for what they do in it.

2.2 You must give us accurate details about your business and keep them up to date, keep passwords, two-step sign-in codes, device PINs and API keys secret, and tell us straight away at security@pushwms.com if you think someone has got into your account without permission.

2.3 Our support staff may sign in to your account to help you, only when you ask for help or it is needed to keep the Service working or secure. We keep a record of each time.

3. The Service

3.1 We will provide the Service with reasonable skill and care, and we may improve, change or remove features over time. If we remove a feature that is a significant part of your plan, we will tell you at least 30 days before, and you may end these Terms under clause 10.3 without paying for the rest of your billing period.

3.2 We aim to keep PushWMS available at all times, but we do not promise that it will be uninterrupted or free of errors. We may need to take it offline for maintenance, which we will try to do outside UK business hours and tell you about beforehand where we can. Agreed service levels apply only where an order form says so.

3.3 Support is provided by email during UK business hours (9am to 5:30pm, Monday to Friday, except bank holidays in England).

4. Sales channels, couriers and other services

4.1 PushWMS connects to services run by other companies that you choose, such as Shopify, Amazon, eBay, Etsy, TikTok Shop, WooCommerce, BigCommerce, Mirakl marketplaces, Royal Mail, DPD, Evri, DHL, FedEx, Xero, QuickBooks and Sage (“Third-Party Services“). Your use of each one is under your own agreement with its provider, and you must keep to their terms and policies.

4.2 When you connect a Third-Party Service you tell us to exchange data with it for you, such as reading orders, updating stock and prices, creating shipments and sending tracking back. We are not responsible for Third-Party Services, including their availability, changes to how they work, the accuracy of the data they send, the charges they make, or any action they take on your account with them (such as a marketplace suspending your seller account). If a Third-Party Service changes or withdraws its connection, we will use reasonable efforts to keep PushWMS working with it, but cannot promise to.

4.3 Courier charges are between you and the courier. Where you book shipments through PushWMS using your own courier account, the courier bills you directly.

5. Your responsibilities

5.1 PushWMS keeps your stock in step across your channels and helps you run your warehouse, but it relies on the information you and your Third-Party Services give it. You remain responsible for your products, listings, prices, stock counts, orders, customer service, deliveries, returns, product safety and labelling, customs declarations, tax and VAT, and for checking that settings such as stock buffers, shipping rules, prices and customs codes are right for your business.

5.2 You must use the Service in line with the law and our Acceptable Use Policy.

5.3 If you switch on features that involve your staff or customers, such as pack desk video, warehouse performance reports or emails to your customers, you are responsible for telling those people and having a lawful basis to do so.

6. Plans and fees

6.1 You pay the fees for the plan and order allowance on your account, as shown on our pricing or in your order form. Fees are in pounds sterling and exclude VAT, which is added at the current rate.

6.2 Fees are charged monthly in advance and are due within 14 days of our invoice, unless your order form says otherwise. The Startup plan is free for up to 100 orders a month.

6.3 Orders placed in a calendar month (UK time) count towards your allowance. We never hold back orders for going over it. If you go over your allowance, we will tell you, and may move you to the allowance that fits from the next month.

6.4 We may change our prices by telling you at least 30 days before the change takes effect. If you do not agree to the new price, you may end these Terms before then under clause 10.1.

6.5 If you do not pay on time, we may charge interest under the Late Payment of Commercial Debts (Interest) Act 1998, and, after telling you at least 7 days before, suspend the Service until you have paid.

6.6 Fees already paid are not refundable, except where these Terms or the Data Processing Agreement say otherwise.

7. Your data

7.1 You own the data you and your Third-Party Services put into PushWMS (“Your Data“). You give us permission to host, copy, process and display Your Data only as needed to provide and support the Service, keep it secure, and meet our legal obligations.

7.2 Where Your Data includes personal data, we process it as your processor under our Data Processing Agreement, which forms part of these Terms. Our Privacy Policy explains how we handle personal data for which we are the controller.

7.3 We keep Your Data secure using the measures described in the Data Processing Agreement, including encryption and separating each account’s data from every other account’s. We keep encrypted backups, but you should also export any records you need to keep for your own purposes, such as for tax.

7.4 You can export Your Data from PushWMS at any time while your account is open. After these Terms end, you can ask us for an export for 30 days, after which we delete Your Data from our live systems as the Data Processing Agreement describes.

8. Our intellectual property

8.1 We, or our licensors, own all rights in the Service, including its software, apps, design and documentation. We give you a non-exclusive, non-transferable right, while these Terms last, for you and the people you invite to use the Service for your business’s own purposes.

8.2 You must not copy, modify, sell or resell the Service, try to reverse engineer it except where the law allows, or use it to build a competing product. If you send us suggestions or feedback, we may use them freely.

9. Confidentiality

Each of us will keep the other’s confidential information secret and use it only for the purposes of these Terms, except where it is already public through no fault of the receiving party, or where the law, a regulator or a court requires it to be disclosed. Your Data is your confidential information. This clause lasts for 5 years after these Terms end.

10. How long these Terms last and how they end

10.1 These Terms start when you first accept them or use the Service and continue month to month. You can end them at any time by telling us in writing at least 30 days before; they then end at the end of the billing month in which the notice period runs out. A minimum term in your order form applies instead, if there is one.

10.2 We can end these Terms by telling you at least 90 days before.

10.3 Either of us can end these Terms straight away by telling the other if the other seriously breaks them and (if it can be put right) does not put it right within 30 days of being asked to, or if the other becomes insolvent, goes into administration or liquidation, or stops trading.

10.4 We may suspend all or part of the Service straight away if we reasonably believe you are breaking the Acceptable Use Policy, your account is being used to attack or harm the Service or anyone else, or we must do so to keep the Service secure or to meet a legal obligation. We will tell you why, and restore the Service as soon as the reason has gone.

10.5 When these Terms end, your right to use the Service stops, you must pay any fees owed up to the end date, and clause 7.4 applies. Clauses 6, 7.4, 8, 9, 11, 12 and 14 continue after these Terms end.

11. Liability

11.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

11.2 Except as clause 11.1 says, neither of us is liable to the other, whether in contract, tort (including negligence) or otherwise, for any loss of profit, revenue, sales or business, loss of goodwill or reputation, loss of anticipated savings, or any indirect or consequential loss.

11.3 Except as clause 11.1 says, we are not liable for losses that arise from: Third-Party Services (clause 4.2); information or settings you or your Third-Party Services provide, such as stock counts, prices or addresses; overselling or underselling that happens because a Third-Party Service did not accept or pass on an update; or your failure to follow these Terms.

11.4 Except as clause 11.1 says, our total liability to you under or in connection with these Terms in any 12-month period is limited to the total fees you paid us for the Service in the 12 months before the event that gave rise to the claim, or £1,000 if that is greater.

11.5 Except as these Terms expressly say, all warranties, conditions and other terms implied by statute or common law are excluded to the extent the law allows.

12. Claims about your use

You will compensate us for reasonable losses and costs (including reasonable legal fees) we incur as a result of a claim by someone else that arises from Your Data, your products or listings, or your use of the Service in breach of these Terms or the law. We will tell you promptly about any such claim and let you handle it, with our reasonable help at your cost.

13. Changes to these Terms

We may update these Terms from time to time. We will post the new version here with a new date and, if the change is significant, email your account’s owners at least 30 days before it takes effect. If you do not agree to the change, you may end these Terms before it takes effect. Otherwise, by carrying on using the Service after that date, you accept the new Terms.

14. General

14.1 Events outside our control. Neither of us is liable for delay or failure to perform caused by events outside our reasonable control, such as the failure of the internet, a hosting provider or a Third-Party Service, power cuts, fire, flood, war, or acts of government. This does not apply to paying fees.

14.2 Sub-contractors. We may use sub-contractors to provide the Service, and remain responsible for them. The ones that process personal data are listed in our Privacy Policy.

14.3 Transfer. You may not transfer these Terms to anyone else without our written agreement. We may transfer them to a company that takes over all or part of our business, and will tell you if we do.

14.4 Notices. We send notices to the email addresses of your account’s owners. You can send notices to us at info@colourmedia.net or by post to our registered office. A notice by email is received when it is sent, unless the sender gets a message saying it was not delivered.

14.5 Whole agreement. These Terms, together with the documents they refer to and any order form, are the whole agreement between us about the Service and replace anything said or written before. Neither of us has relied on any statement that is not set out in them.

14.6 Other. If a court finds part of these Terms cannot be enforced, the rest still applies. If either of us delays enforcing these Terms, we can still enforce them later. Nobody other than you and us has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Terms creates a partnership or agency between us.

14.7 Law. These Terms, and any dispute about them (including non-contractual disputes), are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

15. Contact

Colourmedia Solutions Ltd, Unit C, Moorhouse Courtyard, Warwick-on-Eden, Carlisle, Cumbria, CA4 8PA, United Kingdom. Email info@colourmedia.net.