Terms of Service

These Terms of Service apply to your organisation's use of SIMTRACA, a business software service supplied by Simtec Consult Ltd.

1. About us

Simtec Consult Ltd is a private company limited by shares, registered in England and Wales under company number 13710785. Our registered office is Illtud House, Station Road, Llantwit Major, Vale of Glamorgan, Wales, CF61 1ST.

You can contact us at [email protected].

2. Business use only

SIMTRACA is provided only for business and professional use. By creating an account, accepting an invitation, or using the service, you confirm that:

• you are acting for purposes relating to your trade, business, craft, or profession;
• you have authority to bind the organisation for which you use the service; and
• you accept these terms on behalf of that organisation.

The service is not offered to consumers.

3. The service

SIMTRACA helps waste-receiving organisations manage receiving sites, customers and carriers, Waste Transfer Notes, and digital receipt submissions to the Department for Environment, Food and Rural Affairs (DEFRA).

We may improve, update, or change the service from time to time. We will not materially reduce paid core functionality during an active subscription without reasonable notice, except where a change is required for security, law, regulation, or a third-party service.

4. Accounts and organisations

You must provide accurate information and keep account details current. Each person must use their own account. You are responsible for:

• keeping passwords, passkeys, and authentication devices secure;
• controlling membership and Org Admin permissions within your organisation;
• promptly removing access when a person no longer requires it; and
• notifying us at [email protected] if you suspect unauthorised access.

Your organisation is responsible for activity carried out through its accounts unless that activity results from our failure to apply reasonable security measures.

5. Your compliance responsibilities

SIMTRACA is a software tool. It does not provide legal, regulatory, environmental, or professional advice.

Your organisation remains responsible for:

• determining which waste tracking, environmental permit, duty of care, and record-keeping rules apply;
• checking that data entered into the service is complete and accurate;
• ensuring Waste Transfer Notes and DEFRA receipts are submitted by applicable deadlines;
• obtaining and maintaining valid permits, licences, exemptions, carrier registrations, and DEFRA API codes;
• reviewing DEFRA warnings, validation messages, and submission outcomes; and
• retaining any additional records required by law or your own procedures.

A successful API response or a Waste Tracking ID does not by itself confirm that all legal duties have been met.

6. DEFRA and other third-party services

The service connects to third-party services, including DEFRA Digital Waste Tracking, Environment Agency public registers, Stripe, email providers, and storage providers.

These services are outside our control. Availability, response times, validation rules, reference data, and credentials may change. We are not responsible for a third-party service outage or decision, but we will use reasonable efforts to keep our integration compatible and to communicate material disruption.

We do not promise that SIMTRACA will be included on a GOV.UK compatible software provider list by a particular date. Production DEFRA access depends on DEFRA's onboarding, approval, and credential processes.

7. Customer data

Your organisation retains its rights in the information it submits to the service, including Waste Transfer Note data, party details, signatures, and delivery photos (Customer Data).

You grant us permission to host, copy, process, transmit, and display Customer Data only as needed to:

• provide, secure, support, and improve the service;
• make submissions your authorised users request;
• comply with law; and
• enforce these terms.

You confirm that your organisation has the rights and lawful basis needed to provide Customer Data to us and to instruct us to process it.

Our Privacy Policy explains how we handle personal data. Our Data Processing Agreement applies where we process personal data for your organisation as a processor.

8. Acceptable use

You must not:

• use the service unlawfully, fraudulently, or to submit information you know is false;
• attempt to access another organisation's data or another user's account;
• probe, scan, bypass, or interfere with security or access controls;
• upload malicious code or content that infringes another person's rights;
• reverse engineer the service except where the law does not allow that restriction;
• use automated means that place an unreasonable load on the service; or
• resell, sublicense, or make the service available to a third party unless your plan or a written agreement permits it.

We may suspend access where reasonably necessary to protect the service, users, or third parties, or to investigate a suspected breach. We will notify you where reasonably practicable.

9. Plans, charges, and VAT

Plan features, usage limits, billing periods, and prices are shown when you subscribe. Prices are stated in pounds sterling and exclude VAT unless we say otherwise.

Self-serve paid plans (Site and Organisation) include a 14-day trial. A payment card is collected at checkout. Unless you cancel before the trial ends, we charge the selected plan price when the trial ends. If you chose annual billing, that first charge is the yearly amount, not a monthly amount.

Paid subscriptions renew automatically for the selected billing period until cancelled. Stripe processes payment information on our behalf. We do not store complete card details.

You may cancel through the billing portal. Cancellation during a trial takes effect at the end of the trial, with no charge if you cancel in time. Cancellation of a paid subscription takes effect at the end of the current paid period unless applicable law or your order says otherwise. Amounts already paid are non-refundable except where these terms, your order, or the law requires a refund.

If payment is overdue, we may restrict paid features after giving reasonable notice.

10. Availability, support, and changes

We aim to provide a reliable service but do not guarantee uninterrupted or error-free availability. Planned maintenance, urgent security work, internet failures, and third-party outages may affect access.

Unless a separate written service level agreement applies, support is provided on a reasonable-efforts basis through [email protected].

We may update these terms. For material changes, we will provide reasonable notice by email or within the service. Continued use after the stated effective date means your organisation accepts the updated terms. If you do not accept a material change, you may stop using the service and cancel before it takes effect.

11. Intellectual property

We and our licensors own all intellectual property rights in the service, software, documentation, branding, and underlying materials, excluding Customer Data.

Subject to payment and compliance with these terms, we grant your organisation a limited, non-exclusive, non-transferable right to use the service during the subscription for its internal business operations.

Feedback you provide may be used to improve the service without restriction or payment, provided we do not identify you publicly without permission.

12. Confidentiality

Each party must keep the other party's confidential information secure and use it only to perform or receive the service. This obligation does not apply to information that:

• is public through no breach of these terms;
• was lawfully known without a duty of confidence;
• is received lawfully from another source; or
• must be disclosed by law or a competent authority.

13. 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, fraudulent misrepresentation, or any liability that cannot legally be limited.

Subject to that:

• neither party is liable for indirect or consequential loss;
• we are not liable for loss arising from inaccurate Customer Data, missed regulatory deadlines, a customer's failure to review submission outcomes, or the acts or omissions of DEFRA or another third-party service; and
• our total aggregate liability arising in any 12-month period is limited to the fees paid or payable by your organisation for the service during that period.

14. Ending the agreement

Either party may end the agreement immediately if the other party commits a material breach and, where the breach can be remedied, does not remedy it within 30 days after written notice.

We may end or suspend a free plan on reasonable notice. You may stop using a free plan at any time.

When the agreement ends:

• your right to use the service ends;
• outstanding charges remain due;
• you should export or download records you need before access ends; and
• we may delete Customer Data after the retention period described in our Privacy Policy or DPA, unless the law requires longer retention.

Terms intended to survive termination, including confidentiality, intellectual property, liability, and governing law, continue to apply.

15. General

Neither party is responsible for delay caused by events beyond its reasonable control.

You may not transfer this agreement without our written consent. We may transfer it as part of a merger, reorganisation, or sale of our business, provided your rights are not materially reduced.

If any provision is unenforceable, the remaining provisions continue in effect. A delay in enforcing a right is not a waiver of that right.

These terms, any order, the Privacy Policy, and the DPA form the entire agreement about the service and replace earlier discussions or representations about it.

No person other than the parties has a right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

16. Governing law and courts

These terms and any non-contractual obligations arising from them are governed by the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction over disputes arising from or connected with these terms.