Terms & Conditions

Terms of Wesbite Use

Please read our terms and conditions carefully. By signing up to Band Pencil (Management by Band Pencil, Agency by Band Pencil or Tickets 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.

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.

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 Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.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 event 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 (Management by Band Pencil and Agency by Band Pencil) is copyrighted. 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.

15. Upgrade Licence

The license to use the Services is provided on a monthly, paid-subscription basis and therefore will terminate upon the end of your paid subscription term (unless terminated earlier see 11.).
15.1. If you fail to renew your account your account is downgraded to the Basic Package, until you decide to renew your subscription. If you update and then cancel your subscription your account will have further limitations to prevent people from abusing the site.
15.2. Band Pencil does not offer a refund on any upgraded accounts.
15.3. Band Pencil auto-renew subscriptions each month, unless you cancel.
15.4. Band Pencil reserves the right to change prices at any time.
15.4. Once cancelled we will retain your subscription until the payment cycle has been completed.

Effective date of terms of service: 20 Dec, 2018
Last revised: 10 Dec, 2018.