Terms & Conditions

Terms & Conditions

Please take the time to carefully read our terms and conditions. By signing up for, or using a service provided by Band Pencil, you are explicitly agreeing to be bound by these terms and conditions. It is essential that you also read our privacy policy and cookie notice. By agreeing to the terms and conditions, you are confirming that you have read and agreed to our privacy policy and cookie notice as well. If you do not agree with any part of our Terms & Conditions, including our Privacy Policy and Cookie Notice, you must not use or sign up to Band Pencil.


Definitions

We, our, us, Band Pencil – a service provided by Band Pencil Ltd a registered company in England and Wales, registration number: 15732150.
You, your, user – a person logging in, signing up, or using Band Pencil.
Administrator – specifically a person who has registered for a service offered by Band Pencil. This is not a person who is accessing Band Pencil through the member or client portal.
Support team – our employees or contractors who have access to provide support to you.
Content – anything you input into our system e.g. events, members, clients, equipment, files, invoices and contracts.

Who are we?

We are Band Pencil Ltd a software company based in Newcastle upon Tyne in the UK. Our registered office is at 176 Portland Road, Jesmond, Newcastle Upon Tyne, United Kingdom, NE2 1DJ and we are registered in England and Wales under company number 15732150. We are subject to the Information Commissioner’s Office in the United Kingdom; our registration is available to view online. You can contact us by writing to the business address given above, by using our website contact form on the contact us page.

Signing for a company or legal entity?

If you're signing this agreement for a company or legal entity, you confirm that you have the authority to agree to these terms for that entity and its affiliates. In this case, "you", "your", "user", or "administrator" refers to that entity and its affiliates. If you don't have this authority, or if you disagree with these terms, you cannot accept this agreement and cannot use Band Pencil.

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.

Although you can use any browser to access Band Pencil, for optimal performance, we recommend using the latest version of Google Chrome.

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. You must not use a temporary, or one-use email address. 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 and you must ensure all users associated with your account read, understand and abide by the Terms & Conditions. By signing up to a service offered by Band Pencil, you are agreeing to these terms and conditions on behalf of all users including, but not limited to, your members and clients. One person may not maintain more than one free account at one time.

You are responsible for maintaining the security of your account and password. You are responsible for keeping periodic backups of your data stored in Band Pencil. 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 and content posted by, but not limited to, your members and clients). You may not use Band Pencil for any illegal or unauthorised purpose. You must not input false or test information into Band Pencil, this includes the use of temporary, fake, or fabricated email addresses. You must not sell, resell, rent or lease or otherwise commercially exploit access to Band Pencil.

Our site is directed to people residing in United Kingdom, but you may open an account from outside the United Kingdom if you reside on one of our supported regions. Our supported regions are: UK, USA, Canada, Australia, New Zealand and countries in the EU. We reserve the right to add and remove supported regions without prior notice. Where possible we aim to add or remove supported regions from this document within 4 months. Band Pencil is provided in English - this means that some words, characters, or symbols outside the English language may not be supported.

To ensure the security and fair usage of Band Pencil, we have implemented certain restrictions and limits on user actions. While we do not disclose the exact details of these restrictions for security reasons, we require users to acknowledge and agree that certain actions on Band Pencil may be subject to limitations. By implementing these usage restrictions, we aim to maintain a stable and reliable platform for all users. These limits are in place to prevent abuse, protect the integrity of the service, and ensure a positive experience for everyone.

2. Our site changes regularly

We will do our best to keep you up to date when we're making changes to our software. We can change, update, pause, or discontinue any of our product features, or suspend access, or close it indefinitely at any time. We don't need to give you any notice beforehand, but we'll try to be reasonable and let you know when we can. 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.

For some features in Band Pencil, we'll automatically pull in information from third party data sources. For example, we might pull in information on the weather, traffic conditions, or display a map of your venue. While we try to make sure this information is as accurate as possible, it may not always be correct. We might make a mistake, or the data we get from our providers might be wrong or misleading. For this reason, it's always important to double-check the information against trusted sources. We aren't responsible for any inconvenience, loss, damage, or personal injury that comes about because you've used or relied on inaccurate information that we've provided you, unless it was caused by our negligence.

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.

Your use of Band Pencil is at your sole risk. Band Pencil is provided on an “as is”, “as available” and “with all faults” basis.

4. 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 or attempt any penetration testing, including but not limited to vulnerability testing. 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.

4.1. We will not be liable for any loss or damage caused by a cyber attack, 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.

5. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from or related to Band Pencil. These terms and conditions 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.

6. Account deletion

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

6.1. Band Pencil reserves the explicit right, at its sole discretion, to delete your account and all associated data without prior notice, if you engage in harassment or threats towards Band Pencil and/or any of its employees.

6.2. Administrator users have the right to delete their account, and they can exercise this right by contacting support from the email address associated with their account. The user requesting to delete the account must be the account owner. Members, clients and other users who are not the account owner, should reach out to their account administrator to request the deletion of their information.

6.3. If your Band Pencil account has completed the free trial and remains without an active subscription for a period of 28 days, Band Pencil reserves the right to delete your account and all associated data without notice.

7. Cookies

By signing up to Band Pencil you are agreeing to us storing functional cookies. Cookies are important for you using Band Pencil. Cookies are used for security and personal reasons only. We will only ever read and view cookies created by Band Pencil. Please read our Cookie Notice for more information.

8. Privacy & Intellectual Property

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. Band Pencil reserves the right to access your account as per our Privacy Policy.

We claim no intellectual property rights over the material you provide to Band Pencil. Material and data uploaded remain yours. All content, trademarks, software, and other materials provided by Band Pencil are owned by or licensed to Band Pencil. Users are granted a limited, non-exclusive, non-transferable license to use the Band Pencil software and services for their intended purposes. Users must not copy, modify, distribute, or reverse engineer any part of our software or services without our express written permission.

9. Band Pencil features

Band Pencil offers a diverse range of features and tools to its users. There are a few important considerations that users should be aware of when using specific features.

9.1. Band Pencil Pay
You are responsible for Stripe fees, Band Pencil Fees, refunds, disputes, fraudulent payments, and chargebacks. Band Pencil will only facilitate connecting 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, or any other payment gateway provided by Band Pencil is provided by a third party provider called Stripe Payments Europe Limited. In order to use the payment processing services Band Pencil offers, you will also need to enter into and abide by a separate relationship directly with Stripe, at the point when you connect your Stripe account with Band Pencil, or open a new Stripe account.

9.2. 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.

9.3. Invoices & Financial Reports
Whilst we make every effort to ensure the accuracy of the data generated by Band Pencil for invoices and financial reports, we cannot guarantee that it is completely error-free. Band Pencil is designed to facilitate the creation of invoices and financial reports, but it is important for you to independently verify the accuracy of the data provided in invoices and any reports containing financial information that you create, view, or download. Band Pencil cannot be held liable for any inaccuracies or errors in the invoices or financial data generated.

Although Band Pencil offers invoice creation, reporting, and payment functionalities to streamline your invoicing process, it's important to clarify that we do not provide financial services. While we facilitate invoice reporting and payment processing, we are not engaged in offering financial advice or services. For any financial inquiries or decisions beyond invoice management, we recommend consulting with qualified financial professionals. Additionally, for comprehensive financial assistance, we advise utilizing a dedicated financial service.

9.4. Uploaded Files
Band Pencil cannot and will not be held liable for the loss or corruption of files you (or, but not limited to, your members and clients) upload to Band Pencil. It is your responsibility to maintain an external backup of all files uploaded to Band Pencil and all files auto-generated by Band Pencil, this includes, but not limited to, contracts and invoices. You must not upload any files to Band Pencil which you do not have the legal rights to own, or that infringes copyright. While many files can be shared with various individuals, including, but not limited to your members and clients, we cannot guarantee that these files won't be further shared, or accessed by unauthorized parties. Therefore, you must not upload any files containing confidential or sensitive data to Band Pencil.

9.5. Member & Client Portal
You are responsible for the security and content shared with your members and clients on their respective portals. Additionally, it is your responsibility to communicate updates and notices to the members and clients who utilize Band Pencil. Ensuring the adherence of members and clients to our security best practices, and thereby maintaining the security of their portal access, also falls under your responsibility.

9.6. Emails
All emails sent through Band Pencil are categorised as transactional, which means they are triggered by specific user actions or transactions. As a result, you must not use Band Pencil for sending marketing emails, unsolicited or spam emails, or emails containing illegal content or links to spam or illegal content.

We cannot and will not guarantee the delivery of emails sent from Band Pencil.

9.7. Forms
While form responses are encrypted, it is important to note that forms should not be utilized for collecting sensitive information, including, but not limited to passwords. Band Pencil cannot and will not assume any liability for any loss or inaccuracies in the data submitted through any form, this includes but not limited to, enquiry forms and user created forms.

10. Upgrade Licence

The license to use Band Pencil 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 6]). Your Band Pencil subscription will auto-renew each month/year unless you cancel.

Band Pencil offers new users a 14-day free trial, with an optional 7-day grace period extension upon request. Typically, we limit the number of free trials to a maximum of two, but this is subject to our discretion. Once your free trial or subscription expires, your account will be downgraded. This means you will no longer have an active subscription or a valid free trial, and you and your users will be unable to perform any actions within the software.

10.1. In the event of a payment failure or failure to renew, your account will be automatically downgraded. Your account and all associated data will be kept until you request deletion however, we reserve the right to delete unused accounts without an active subscription after a period of 28 days.

10.2. 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 user only. Users 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.

10.3. All payments (excluding the first payment to Band Pencil by a new user [see point 10.2]) are non-refundable. If Band Pencil does offer a refund as a gesture of good faith, it will be minus any fees associated with collecting the payment via our payment provider.

10.4. You can cancel your subscription at any time by contacting customer service team, or by cancelling yourself online. Cancellation will be effective immediately and we wil retain your subscription until the payment cycle has been completed, unless otherwise noted. We do not offer refunds or credits for partial months of service.

10.5. 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.

10.6. Band Pencil reserves the right to change prices, switch your plan, modify, change, or discontinue any aspect of our software or the features we offer, including the ability to reposition certain features within different pricing plans, at any given time. These changes may occur without any alteration to the pricing structure.

10.7. Band Pencil reserves the right to add any applicable Tax or VAT to your subscription charge if necessary.

11. Service levels & support

Although Band Pencil does not offer a service level agreement, Band Pencil aims to keep the website operational: For a minimum of 97% of the time during Normal Business Hours (Monday – Friday 09:00-17:00 UK time) and 94% of the time overall.

We shall use reasonable endeavours to publish the times of planned system outages. So far as is reasonably practical, we shall aim to keep any planned system outages outside of Normal Business Hours and shall aim to keep such outages under eight hours’ continuous duration on each occasion.

Occasionally, system issues arise that are beyond our control, particularly when third-party providers experience outages or problems. When this occurs, we strive to publish updates on our status page to keep you informed.

Band Pencil only offers email support as most queries require us to take some time to investigate and get back to our customers. Although Band Pencil does not offer a support level agreement, we aim to respond to all support queries in 5 working days.

Band Pencil reserves the right to access, edit, and (or) in any other way modify your Content, including but not limited to, your members, clients and events, in order to assist you when you reach out to Band Pencil's support. Band Pencil shall not be liable for any loss or damage resulting from such actions.

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 in-app notification and/or email users who are subscribed to our Product Updates newsletter.


Effective date: 1 July 2024
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Last revised: 1 June 2024
Last minor revision (correction of spelling mistakes etc.): N/A.

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