NextTill Terms of Service

Last updated: 2 September 2026

These Terms of Service (the Terms) form a legally binding agreement between Cherry Tree Garden Centre Limited, company number 16760931, whose registered office is at Cherry Tree Garden Centre, 8 Wragby Road, Sudbrooke, Lincoln, United Kingdom, LN2 2QU (trading as NextTill, and referred to as NextTill, we, us or our), and the business or organisation creating or using a live NextTill account (the Customer, you or your).

1. Business use only

NextTill is supplied only for use in the course of a trade, business, craft or profession. It is not supplied to consumers for private or domestic use. By creating a live account you confirm that you are acting for business purposes and that you have authority to bind the Customer to these Terms.

2. The service

NextTill provides cloud-connected electronic point-of-sale software, till functions, catalogue and stock tools, reporting, customer and staff functions, integrations and related management features (together, the Service). The Service may include browser-based, progressive-web-app, offline-capable and server-side components. Each live Customer is allocated its own tenant context and business data store while using shared NextTill application code.

We may improve, replace, add, remove or alter features from time to time. We will use reasonable efforts not to remove material core functionality from an active paid Service without reasonable notice where practical, but we do not guarantee that every feature, integration or workflow will remain unchanged.

3. Account creation, users and security

You must provide accurate and complete account, business and contact information and keep it reasonably up to date. You are responsible for all activity carried out through your account by your owners, staff, contractors and authorised users.

You must use strong passwords, keep credentials and staff PINs confidential, promptly remove access for people who no longer require it, and tell us without undue delay if you suspect unauthorised access. You must not share an owner or administrator account between unrelated people where separate staff access can reasonably be used.

4. Customer responsibilities

You remain responsible for how you operate your business. In particular, you are responsible for:

• the accuracy of products, prices, VAT/tax settings, stock, promotions, customer records, staff permissions and other information entered into or imported into NextTill;
• checking that receipts, reports, tax calculations, exports and integrations are suitable for your business and legal obligations before relying on them;
• your internet connection, local network, power, compatible devices, printers, scanners, card terminals, cash drawers and other hardware unless we have expressly agreed to supply and support specific hardware;
• maintaining suitable fraud controls, cash controls, user permissions and staff training;
• maintaining a practical business-continuity procedure for taking payments and recording transactions if software, power, internet, hosting, a payment provider or hardware is unavailable; and
• retaining any independent accounting, tax, statutory or operational records that your business is required to retain.

NextTill is a business tool. It is not legal, tax, accounting, employment, food-safety or regulatory advice, and using it does not transfer your legal obligations to us.

5. Availability, maintenance and outages

Unless a separate written service-level agreement expressly says otherwise, the Service is supplied on an as available basis and no guaranteed uptime, response time or recovery time applies.

The Service may be unavailable or degraded because of planned maintenance, emergency work, software defects, internet or telecommunications failure, hosting failure, cyber incidents, third-party services, device problems, power failure or circumstances outside our reasonable control. We may temporarily suspend all or part of the Service where reasonably necessary to protect security, integrity, other customers or the platform.

You acknowledge that a point-of-sale system is operationally important and agree not to rely on NextTill as your only means of continuing to trade during an outage.

6. Offline operation

Where offline features are available, they are intended to improve resilience but do not guarantee uninterrupted operation or successful later synchronisation. Browser storage, device storage or queued offline transactions are not a substitute for an independent backup or business-continuity process. You are responsible for keeping devices secure and allowing pending data to synchronise before clearing browser data, resetting a device, uninstalling software or disposing of hardware.

7. Customer data and ownership

As between you and NextTill, you retain ownership of the business content and data you or your authorised users submit to the Service (Customer Data). You grant us a non-exclusive right to host, copy, transmit, process, back up and otherwise use Customer Data only as reasonably necessary to provide, secure, maintain and support the Service, comply with your documented instructions, or comply with law.

You warrant that you have all rights, notices, permissions and lawful bases required to provide Customer Data to us and to instruct us to process it.

8. Backups, retention and data loss

We will use reasonable technical and organisational measures appropriate to the Service, which may include server backups and recovery procedures. However, no backup, storage system or recovery process is guaranteed to be complete, current or error-free.

You must maintain independent copies or exports of information that would be materially damaging to your business if lost, particularly accounting, statutory, product, pricing and other essential operational records. You must not treat NextTill, a till terminal or an offline browser cache as your sole archive.

Following termination, access to Customer Data may end. Subject to applicable law and our data-processing obligations, we may delete or anonymise Customer Data after a reasonable export/recovery period. Backup copies may remain until overwritten in the ordinary backup cycle.

9. Third-party services and integrations

The Service may integrate with or depend on third parties such as payment providers, email/marketing providers, hosting providers, accounting systems, marketplaces or hardware vendors. Those services may have their own contracts, privacy terms, charges, availability and technical requirements.

Unless we expressly agree otherwise in writing, we are not responsible for the acts, omissions, outages, security failures, pricing changes, API changes or withdrawal of a third-party service. We may suspend or remove an integration that becomes insecure, unlawful, technically unavailable or commercially impractical.

NextTill is not intended to store full payment-card numbers, card security codes or PINs. You must not enter such information into product notes, customer notes, free-text fields or other parts of the Service not expressly designed for payment-card processing.

10. Free introductory period and fees

Where offered, a new live Customer may receive an introductory period during which no NextTill software subscription charge is payable. The current standard offer is three months unless your order or signup confirmation states otherwise.

No paid subscription will begin until the applicable subscription price has been communicated to you and you have agreed to continue on that paid basis, unless the price and billing basis were already clearly stated and accepted in your order or signup. Third-party charges, payment-processing fees, hardware costs, connectivity and other external charges are separate unless expressly included.

Once paid billing begins, fees are payable in accordance with the billing frequency and payment terms shown in your order, account or invoice. We may suspend paid service for overdue undisputed sums after reasonable notice.

11. Trial accounts

A demonstration or free Trial account is not a live trading account unless we expressly state otherwise. Trial data may be sample, shared, reset, restricted or deleted, and Trial integrations may be disabled. You must not rely on Trial data for live business records.

12. Acceptable use

You must not use the Service unlawfully, attempt to bypass tenant isolation or access another customer's data, probe or attack the Service, introduce malware, interfere with security controls, scrape the platform at unreasonable scale, reverse engineer the Service except where the law gives a non-excludable right to do so, or use the Service to infringe another person's rights.

We may suspend access immediately where we reasonably believe use creates a security, legal, fraud or material platform risk.

13. Intellectual property

NextTill and its licensors retain all intellectual-property rights in the Service, application code, interfaces, documentation, branding and platform improvements. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Service for your own business operations during your subscription.

Feedback and suggestions you voluntarily give us may be used to improve NextTill without payment or obligation to you, provided we do not thereby acquire ownership of your Customer Data.

14. Confidentiality

Each party must keep the other party's confidential information confidential and use it only for performing or receiving the Service, except where disclosure is required by law, to professional advisers under duties of confidence, or to approved subcontractors who need the information to perform the Service.

15. Data protection

Each party must comply with applicable UK data-protection law, including the UK GDPR, the Data Protection Act 2018, the Data (Use and Access) Act 2025 and the Privacy and Electronic Communications Regulations 2003 to the extent they apply.

For personal data we process solely on your behalf within Customer Data, you are normally the controller and we are the processor. For account administration, billing, security, service management, legal compliance and our own business records, each party may act as an independent controller for the personal data it determines how and why to use.

The Data Processing Schedule at the end of these Terms forms part of the agreement and is intended to satisfy the processor-contract requirements applicable under UK data-protection law.

16. Warranties and disclaimers

We warrant that we will provide the Service with reasonable care and skill. Except as expressly stated in these Terms, and to the fullest extent permitted by law, all other warranties, conditions and terms which might otherwise be implied are excluded.

We do not warrant that the Service will be uninterrupted, completely secure, error-free, compatible with every device or third-party service, or that every defect or lost item of data can be recovered. We do not warrant that reports or settings are suitable for your tax, accounting or regulatory obligations unless we have expressly agreed a specific requirement in writing.

17. Liability

17.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so. In particular, nothing excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.

17.2 Excluded losses. Subject to clause 17.1, to the fullest extent permitted by law, NextTill will not be liable, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, for any:

• loss of profit, gross margin, revenue, sales, takings or anticipated savings;
• loss of business, loss of trading time, business interruption, loss of opportunity or loss of contract;
• loss of goodwill or reputation;
• loss, corruption or unavailability of data, except for reasonable direct restoration work that we expressly agree to perform from an available NextTill backup;
• wasted staff, management or administrative time;
• chargeback, payment-provider, marketplace or third-party service loss caused by a third party; or
• indirect, special or consequential loss or damage,

whether or not the possibility of that loss was known or foreseeable.

17.3 Aggregate cap. Subject to clause 17.1, NextTill's total aggregate liability arising out of or in connection with the Service, these Terms and all related events in any rolling 12-month period will not exceed the greater of: (a) £1,000; and (b) 100% of the NextTill software subscription fees paid or payable by you for that 12-month period. This is a single aggregate cap, not a separate cap for each claim, user, terminal, location or incident.

17.4 Data protection. The exclusions and cap in this clause apply, to the fullest extent permitted by law, to contractual claims between you and NextTill arising from security incidents, personal-data breaches and data-processing obligations. They do not purport to prevent a regulator or data subject exercising a statutory right or remedy that the law does not permit the parties to exclude or limit.

17.5 Customer mitigation. You must take reasonable steps to avoid and reduce loss, including using your business-continuity process, maintaining independent records and exports, securing devices and promptly reporting material faults or security concerns.

17.6 Allocation of risk. The parties agree that the exclusions and cap in this clause are an important part of the commercial allocation of risk and the pricing of the Service. If you require a higher contractual liability cap, guaranteed service levels or bespoke recovery commitments, these must be agreed separately in writing and may involve an additional charge.

18. Customer indemnity

To the extent permitted by law, you will indemnify us against third-party claims, regulatory costs and reasonable external legal costs arising directly from: (a) Customer Data that you did not have the right or lawful basis to process; (b) your unlawful instructions or misuse of the Service; or (c) your deliberate attempt to access another tenant or compromise the Service. This indemnity does not apply to the extent the relevant loss was caused by our breach of these Terms or applicable law.

19. Suspension and termination

You may cancel the Service in accordance with your order or account arrangements. Unless a minimum term has been separately agreed, cancellation will stop future subscription renewals after any period already paid for.

We may suspend or terminate the Service where you materially breach these Terms and fail to remedy a remediable breach within a reasonable period after notice, where undisputed charges remain overdue, or immediately where continued use creates a serious security, fraud, legal or platform risk.

Termination does not affect rights and liabilities that accrued before termination. Clauses concerning confidentiality, intellectual property, data protection, liability, payment of accrued sums and governing law survive where their nature requires it.

20. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including widespread internet or telecommunications failure, hosting or cloud failure, power failure, fire, flood, severe weather, epidemic, war, terrorism, civil disorder, industrial dispute, government action, major cyberattack or failure of a critical third-party provider, provided the affected party takes reasonable steps to mitigate the effect.

21. Changes to these Terms

We may update these Terms for legal, security, product or commercial reasons. Material changes affecting an existing paid Customer will be notified through the Service, account contact details or another reasonable method before they take effect where practicable. Changes will not retrospectively remove rights that have already accrued.

22. Notices

We may send contractual notices to the email address associated with your owner account. You are responsible for keeping that address current. Notices to NextTill may be sent using the contact or legal-contact method published on the NextTill website.

23. General

You may not assign or transfer this agreement without our prior written consent, not to be unreasonably withheld for a genuine transfer of your business. We may assign, novate or otherwise transfer this agreement, together with the NextTill business and associated rights and obligations, as part of a reorganisation, financing or sale of the NextTill business, to an affiliated entity, or to a company incorporated or acquired to own or operate the NextTill business (including a future company trading as or named NextTill Limited). We will give you reasonable notice of such a transfer. No further consent from you is required provided the transfer does not materially reduce your substantive rights under this agreement.

If any provision is held invalid or unenforceable, it will be adjusted or severed to the minimum extent necessary and the remainder will continue. A delay in enforcing a right is not a waiver. These Terms, your order/account confirmation and any expressly incorporated schedules form the entire agreement concerning the Service and supersede prior discussions about the same subject matter.

No person other than the parties has a right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms, except where a provision expressly says otherwise.

24. Governing law and courts

These Terms and any non-contractual obligations arising from them are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except where applicable law requires otherwise.

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Data Processing Schedule

This Schedule applies where NextTill processes personal data on behalf of the Customer as a processor.

A. Processing details

Subject matter: hosting, storing, organising, transmitting, synchronising, backing up, supporting and otherwise processing personal data used in the Customer's NextTill tenant.

Duration: for the duration of the Service and any limited post-termination retention or backup period required to return, export, secure or delete the data.

Nature and purpose: providing EPOS, transactions, customer/loyalty functions, staff access, reporting, stock/catalogue, communications/integrations, support, security, backup and related functionality selected by the Customer.

Categories of data subjects: the Customer's customers, loyalty members, prospective customers, staff, workers, contractors, suppliers, contacts and other people whose data the Customer lawfully places in the Service.

Types of personal data: names, contact details, customer/member identifiers, purchase and transaction information, receipts, account and staff identifiers, roles/permissions, notes, supplier/contact information, technical identifiers and other data the Customer chooses to enter into supported fields. The Service is not intended for unnecessary special-category or criminal-offence data unless expressly agreed and lawfully configured.

B. Documented instructions

NextTill will process processor data only on the Customer's documented instructions, including these Terms, settings and lawful instructions submitted through the Service or in writing, unless UK law requires otherwise. If law requires processing contrary to an instruction, we will inform the Customer beforehand unless the law prohibits us from doing so.

C. Confidentiality

We will ensure that personnel authorised to process processor data are subject to appropriate confidentiality obligations.

D. Security

Taking account of the state of the art, implementation cost, the nature and scope of processing and the risks to individuals, we will maintain appropriate technical and organisational security measures. Measures may include access controls, password hashing, HTTPS transport, tenant separation, backup/recovery processes, logging, vulnerability remediation and restrictions on administrative access, as appropriate to the relevant component of the Service.

E. Sub-processors

The Customer gives NextTill general written authorisation to use sub-processors reasonably required to provide the Service, including hosting/infrastructure, backup, email/communications, support and security providers, and integration providers selected or enabled by the Customer. We will require sub-processors handling processor data to be bound by data-protection obligations appropriate to their role.

Where required by law, we will give reasonable notice of a material new sub-processor so the Customer can raise a reasonable data-protection objection. If an objection cannot reasonably be resolved, either party may discontinue the affected optional feature or, where the sub-processor is essential to the whole Service, terminate the Service.

F. International transfers

Where processor data is transferred outside the United Kingdom, we will use a lawful transfer mechanism where required, such as applicable adequacy regulations, the UK International Data Transfer Agreement, the UK Addendum to approved standard contractual clauses, or another mechanism permitted by UK law.

G. Individual rights

Taking into account the nature of processing, we will provide reasonable assistance through appropriate technical and organisational measures to help the Customer respond to valid requests by data subjects to exercise their rights. Where we receive a request relating solely to Customer-controlled data, we may direct the individual to the Customer unless law requires us to respond directly.

H. Security incidents and breaches

If we become aware of a personal-data breach affecting processor data, we will notify the Customer without undue delay and provide information reasonably available to us to assist the Customer with its legal assessment and notifications. The Customer remains responsible, as controller, for deciding whether notification to the Information Commissioner or affected individuals is required, unless law places that obligation directly on us.

I. Compliance assistance

Taking into account the nature of processing and information available to us, we will provide reasonable assistance with the Customer's obligations concerning security, breach assessment, data-protection impact assessments and prior consultation where required by law.

J. Deletion and return

At the end of the Service, and subject to applicable law, technical feasibility and normal backup cycles, we will delete or return processor data in accordance with the Customer's reasonable written request and the Service's available export functionality. We may retain data where UK law requires retention, in which case it will remain protected and will not be used for another purpose.

K. Audit information

We will make available information reasonably necessary to demonstrate compliance with our processor obligations. On reasonable prior notice, no more than once in any 12-month period unless required by a regulator or following a material security incident, the Customer may request an audit reasonably limited to processing relevant to the Customer. We may satisfy routine audit requests using current policies, security information, certifications, questionnaires or remote evidence where reasonable. The Customer will bear its own audit costs and our reasonable additional costs unless the audit identifies a material breach by us.

L. Unlawful instructions

If, in our reasonable opinion, a Customer instruction infringes applicable data-protection law, we will inform the Customer and may suspend the affected processing until the instruction is amended or its lawfulness is established.