Terms & Conditions

Terms & Conditions

Please read our terms and conditions carefully. By signing up to a service offered by Band Pencil you are agreeing to these terms and conditions. Please make sure you read our privacy policy, as agreeing to the terms and conditions you are agreeing you have read and agreed to the privacy policy.

1. Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason if our site is unavailable at any time or for any period.

You must be 18 years or older to use Band Pencil. You must be a human, accounts registered by “bots” or other automated methods are not permitted. You must provide your full name, a valid email address and any other information to complete the registration process. Your login may only be used by one person, a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. You are responsible for maintaining the security of your account and password. You are responsible for keeping periodic backups of your data. Band Pencil cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your account (even when content is posted by other who have accounts under your account). Once person may not maintain more than one free account. You may not use Band Pencil for any illegal or unauthorised purpose. Our site is directed to people residing in United Kingdom, but you may open an account from outside the United Kingdom.

Your use of Band Pencil is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material or tools on our site may be out of date at any given time, and we are under no obligation to update such material.

3. Our liability

The materials and tools displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.

In no event will Band Pencil or its suppliers be liable for any loss of use, lost or inaccurate data, interruption of business, lost profits, costs of delay, reputational harm, or any indirect, special, incidental, cover, reliance or consequential damages of any kind however caused, even if informed in advance of the possibility of these damages.

5. Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

5.1. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

6. Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

7. Account Deletion

Band Pencil has the right to remove your account with or without written warning. If your account breaches these terms and conditions, it will be removed immediately. Band Pencil has the right to deny refunds if your account is deleted. You may not open a new account if your account has been deleted by Band Pencil.

8. Cookies

By signing up to Band Pencil you are agreeing to us storing cookies. Cookies are important for you using Band Pencil. Cookies are used for security and personal reasons only. We only ever view our own cookies.

9. Privacy

Band Pencil reserves the right to collect your IP Address, System Information and record your activity on for security and monitoring purposes. All other personal information is collected only if you voluntarily choose to share such information with Band Pencil. Information can only be viewed by the account holder. No accounts are public and no personable information is share outside Band Pencil. We claim no intellectual property rights over the material you provide to the Service. Material and data uploaded remain yours. Band Pencil reserves the right to access your account as per our privacy policy.

10. Band Pencil Features

10.1. Band Pencil Pay
You are responsible for Stripe fees, Band Pencil Fees, refunds, disputes, fraudulent payments, and chargebacks. Band Pencil will only facilitate creating your Stripe account and providing a payment gateway. It is your responsibility to check the amount being charged to the client is correct and providing any proof of payment documentation they may need.

Band Pencil Pay processing services are provided by a third party called Stripe Payments Europe Limited. In order to use the payment processing services, you will also need to enter into a separate relationship directly with Stripe, at the point when you register for Band Pencil, and on the following terms which apply in addition to these Terms of Use: https://stripe.com/gb/connect-account/legal.

10.2. Event Contracts
Band Pencil will only facilitate the creation of a contract, providing a signature gateway and creating a PDF of the signed agreement. It is your responsibility to check the legality of your agreement and the security method we use to sign contracts. Band Pencil cannot and will not be held liable for any loss or damage due to an invalid agreement.

11. Upgrade Licence

The license to use the services is provided on a monthly or yearly, paid-subscription basis and therefore will terminate upon the end of your paid subscription term (unless terminated earlier see point 7).
11.1. If your payment fails, or you fail to renew your account we will automatically downgraded to one of our free plans.
11.2. For refunds, you should contact our customer service team within 14 days of purchasing one of our plans. Please note, this only applies to the first payment of a new subscription plan for a new customer only. Customers who are re-activating, or upgrading their subscription are not entitled to this refund. We will refund your account within 14 days of requesting a refund and your account will be downgrade to one of our free plans.
11.3. All payments (excluding the first payment to Band Pencil see point 11.2) are non-refundable.
11.4. Band Pencil auto-renew subscriptions each month/ year unless you cancel.
11.5. You can cancel your subscription at any time by contacting customer service team, or by cancelling yourself online. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access Band Pencil and you will not be entitled to a refund of any fees that you've paid.
11.6. Band Pencil reserves the right to change prices or switch your plan at any time.
11.7. Once cancelled you will retain your subscription until the payment cycle has been completed, unless otherwise noted.
11.8. There will be no refunds or credits for partial months of service.
11.9. Promotion codes are only valid on specific plans while availability last and may be withdrawn at any time. Only one promotion code can be used per upgrade/renewal.
Promotion codes are not valid in conjunction with any other promotion. Offer is not valid on sale subscriptions or other discounted items.

12. Changes to this Document

Band Pencil reserves the right to change this document at any point without written notice. Wherever possible Band Pencil will give two-week’s notice of any changes of this document and will communication those changes with the user via email.

Effective date of terms and conditions: 13 October, 2020
Last revised: 13 October, 2020.

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