We, our, us, Band Pencil – Band Pencil (any service offered by bandpencil.com) owned by Simon Hirst of 205 Middle Drive, Newcastle upon Tyne NE20 9LU.
You, your, user – a person logging in, signing up, or using Band Pencil.
Administrator – 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.
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. 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 Term & 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.
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.
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.
We aim to update our site regularly, and may change Band Pencil 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 to one of our free plans.
10.3. All payments (excluding the first payment to Band Pencil by a new user [see point 10.2]) are non-refundable.
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.
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.
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.
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.
Last revised: 22 May 2023
Last minor revision (correction of spelling mistakes etc.): 26 October 2023.