Terms & Conditions

Terms of Wesbite Use

Please read our terms and conditions carefully.By signing up to Band Pencil as a member, or band account holder you are agreeing to these terms and conditions.

General Conditions

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 (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. Band Pencil status can be found here.

2. Intellectual property rights

2.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2. You must not change or manipulate the site to potentially show, or provide false information.
2.3. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
2.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.5. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
2.6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3. 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 Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

4. Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

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 under the Computer Misuse Act 1990. 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. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
6.1. Band Pencil does not endorse anything posted on the site, including links.

7. Emails

You can unsubscribe from all emails. However, Band Pencil is based upon email communication, we need to send you autoscripted emails to alert you of changes. Band Pencil only ever sends out autoscripted emails if your band changes something on their account which you need notifying on. e.g. A new concert added or account settings change. For these reasons we suggest you do not unsubscribe. All information emails and promotional emails are unsubscribable too.

8. 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.

9. Copyright

The Band Pencil app is copyrighted. of Band Pencil. Please do not use anything from this site on your own.

10. Your concerns

If you have any concerns about material which appears on our site, please contact us.

11. Account Deletion

We (Band Pencil) have the right to remove your account with or without written warning. If your account breaches these terms and conditions then it will be removed. Band Pencil have the right to deny refunds if your account is deleted. After your account has been deleted (you will be notified) then you may open one new account under however account holder must inform us of their new account.

12. 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.

13. Licensing

All images used on Band Pencil are under the CC licensing, or are our own images. For licensing issues please contact us.

14. Privacy

Personal Information. bandpencil.com collects personal information only if you voluntarily choose to share such information with bandpencil.com. Information can only be viewed by the account holder. No accounts are public and no person information is share outside bandpencil.com. Band Pencil Band Pencil holds the right to own everything posted on the site to use for advertising, statics and any other ways without seeking permission.

If there is anything you are unsure about or don't understand contact us before signing up, otherwise you are agreeing to these terms and conditions. Thank you for visiting our site and we hope you find Band Pencil useful.

When adding members to Band Pencil we advice you have written permission to input their information. Band Pencil has the right to delete members from our app, you will be informed by email if this takes place.


Using Stripe

This Stripe Connected Account Agreement is a legal agreement (“Connected Account Agreement”) between you, the person or legal entity (including sole proprietors) that you identified to Stripe on the registration page or provided to a Connect Platform (“Connected Account” or “you”), and Stripe, Inc. (“Stripe”). Your use of the Stripe Service is subject to your acceptance of the terms and conditions of this Connected Account Agreement. Your continued use of the Stripe Service represents your express consent to the terms and conditions contained in this Connected Account Agreement, including the Stripe Terms of Service (“Stripe ToS”), and updates or modifications that may be made occasionally by Stripe. This Connected Account Agreement governs your use of Stripe Connect and management of your Connected Account by Connect Platforms. This management includes use and administration of data about you or your transactions provided to Stripe (“Data”) and initiating Activity. As used in this Connected Account Agreement, any action submitted using the Stripe Connect API on behalf of a Connected Account is referred to as “Activity,” which includes initiating charges or Refunds, handling Chargebacks or disputes, and other functions available through Stripe Connect. You represent to Stripe that all of the information that you provide to us directly or through the Connect Platform is accurate and complete, and that you are authorised to agree to this Connected Account Agreement on behalf of the Connected Account. You agree to the terms and conditions provided in this Connected Account Agreement and to the Stripe ToS, and understand that your use of the Stripe Service and Stripe Connect are subject to your acceptance of these terms and conditions.

15.1. Relationship to Other Agreements

By using Stripe Connect, including the Stripe Service, you expressly agree to abide by the terms and conditions of this Connected Account Agreement, the Stripe ToS, and to any updates or modifications to either of those documents that may occasionally be made by Stripe. The Stripe ToS is a three-party agreement between you, Stripe, and Stripe’s financial services providers (the “Bank”), and is incorporated into this Connected Account Agreement by reference as it relates to your use of the Stripe Service. This Connected Account Agreement contains additional terms and conditions relating to your use of the features of Stripe Connect made available to Connected Accounts. To the extent that there is a conflict between the Stripe ToS and this Connected Account Agreement related to your use of Stripe Connect, this Connected Account Agreement will prevail. Nothing in this Connected Account Agreement alters the terms and conditions of the Stripe ToS as between you and the Bank. Any capitalised terms that are used but not defined in this Connected Account Agreement are defined in the Stripe ToS.

15.2. Stripe Connect – Your Connected Account

Stripe Connect allows Connect Platforms to help you integrate Stripe Services into your site or application, and manage your Connected Account. When you sell your goods or services, or receive bona fide charitable donations through a Connect Platform that uses the Stripe Service, the Connect Platform may agree to perform obligations on your behalf, such as web development or hosting services, customer service, processing of refunds, handling consumer complaints, or other Activity. The specific things that a Connect Platform is agreeing to do for you, if any, are determined by your agreement with that Connect Platform. Stripe is not a Connect Platform, and only provides the Stripe Services described in this Connected Account Agreement and the Stripe ToS. Through Stripe Connect, you can delegate the creation and management of portions of your Connected Account to a Connect Platform. You consent to Stripe’s disclosure of Data (which may include your name and address, and information regarding the transactions that you process through the Stripe Service) to the Connect Platform, the Bank, and our service providers to facilitate the provision of Stripe Services to you through Stripe Connect. You also consent to Stripe’s use of information provided to Stripe or collected by us as part of providing the Stripe Service for our internal analyses and fraud monitoring. For more information regarding Stripe’s use of your data, please review Stripe’s Privacy Policy.

15.3. Your Obligations

You agree to comply with all applicable laws or regulations, payment network rules (including the Network Rules), agreements with third parties that are binding on you, and this Connected Account Agreement (including the Stripe ToS) when using Stripe Services. You are solely responsible for, and Stripe disclaims all liability for, the provision of any goods or services sold to your customers or users as part of your use of Stripe Services, and any obligations you may owe to your customers or users. While you may agree to share some liability with the Connect Platform, you are financially liable to Stripe for Chargebacks, Refunds, and any fines that arise from your use of the Stripe Services. These obligations are described in more detail in Section C of the Stripe ToS. Page or the acts or omissions of any Connect Platform in providing services to you or your customers, nor is Stripe responsible for your obligations to your customers (including but not limited to properly describing the nature of or delivering the goods or services being sold to your customers). You are solely responsible for, and Stripe expressly disclaims all liability for, your complying applicable laws and obligations related to your provision the goods or services to your customers, or receipt of bona fide charitable donations. This may include providing customer service, notification and handling refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the Stripe Services. You agree to indemnify Stripe for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your customers.

Depending on the Connect Platform, you may have access to directly manage your Connected Account through the Stripe dashboard. If such access is made available to you, you are responsible for all actions taken on your Connected Account through the Stripe dashboard, including the initiation of Refunds or changing of depository bank information. Alternatively, the Connect Platform may manage your account on your behalf.

15.4. Relationship to Connect Platforms

As part of your use of Stripe Connect, you understand and agree that Stripe and the Connect Platform will share some Data about you and Activity on your Connected Account. This may include information you provide to create your Connected Account to Stripe or the Connect Platform, or information about transactions submitted by your customers to Stripe. Connect Platforms will never have access to full credit card information provided by your customers. You understand and agree that Connect Platforms and Stripe can share such Data to provide services to you. You designate the Connect Platform as your agent for the limited purpose of processing or accepting payments on your behalf (as a merchant payee) pursuant to a preexisting contract between you and the Connect Platform. You understand and agree that the Connect Platform may provide instructions regarding the delivery of funds to you for the sale of goods or services, or receipt of bona fide charitable donations. The pricing for your use of Stripe Services with a Connect Platform will depend on your agreement with the Connect Platform. Pricing from the Connect Platform may include fees for your use of the Connect Platform’s services that are separate from fees owed for Stripe Services. Stripe will receive fees for your use of the Stripe Services. The fees for the Stripe Services will not exceed the amounts posted on our web site. In addition, the Connect Platform may charge you fees for the services it provides you. You agree that Stripe will have the right to deduct both Stripe’s fees for Stripe Services and the Connect Platform fees specified to us by the Connect Platform. Stripe does not control and is not responsible for Connect Platform fees charged to you, which are based on your agreement with and use of the Connect Platform. All fees charged to you should be made clear to you in your agreement with each Connect Platform. If enabled by the Connect Platform, you will not have the option to receive funds sent to your payment card (such as a debit or reloadable card). Refunds must be disputed through your band and Band Pencil will only offer a full refund if the band can provide evidence the payee should receive a refund. Receipt of funds to your payment card is not available through all Connect Platforms. Any such payments made to your payment card are provided through Band Pencil upon receiving instructions from Stripe.

15.5. Limitations on Stripe’s Liability

Stripe is not responsible for the acts or omissions of any Connect Platform in providing services to you or your customers, nor is Stripe responsible for your obligations to your customers (including but not limited to properly describing the nature of or delivering the goods or services being sold to your customers). You are solely responsible for, and Stripe expressly disclaims all liability for, your complying applicable laws and obligations related to your provision the goods or services to your customers, or receipt of bona fide charitable donations. This may include providing customer service, notification and handling refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the Stripe Services. You agree to indemnify Stripe for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your customers.


Account Upgrade

16. Upgrade Licence

The license to use the Services is provided on a yearly, paid-subscription basis and therefore will terminate upon the end of your paid subscription term (unless terminated earlier see 11.).
16.1. Your subscription to Band Pencil is 365 days from day you upgrade. Once your subscription is up for renewal you have a 28 days window to renew your account. If you fail to renew your account your account is downgraded to the Basic Package, until you decide to renew your subscription.
16.2. Band Pencil does not offer a refund on any upgraded accounts.
16.3. Band Pencil does not auto-renew subscriptions.
16.4. Band Pencil reserves the right to change prices at any time.

Effective date of terms of service: 1 September, 2016
Last revised: 1 August 2016.