1. Definitions
- "We", "us", "our" or the "Provider" means NC Web Solutions Ltd trading as Yacht Clubs Manager, a company registered in Northern Ireland (company no. NI736920), whose registered office is at 4th Floor, Glendinning House, 6 Murray Street, Belfast, BT1 6DN.
- "The Service" means the Yacht Clubs Manager platform, the club website we build and host for you, and the support we provide with them.
- "The Club" or "you" means the club or organisation that signs up to the Service, acting through its officers.
- "Users" means the Club's administrators, committee, members and guests who use the Service.
- "Club Data" means the information the Club and its Users put into the Service, including members' personal data.
2. Signing up
A contract between us and the Club begins when we confirm in writing, usually by email, that we have accepted the Club's order. The person accepting these terms confirms they are authorised to do so on the Club's behalf. If anything in our confirmation is wrong, tell us straight away and we will correct it.
We will give the Club's nominated administrators their login details. Administrators can then invite other Users and decide what each of them can see and do.
3. Using the Service
While the Club keeps to these terms and pays its fees, we grant it a non-exclusive, non-transferable right to use the Service, and to let its Users use it, to run the club.
The Club is responsible for:
- its Users' use of the Service, and keeping logins and passwords secure;
- the accuracy and lawfulness of Club Data, and having a lawful basis to process members' personal data;
- not attempting to access parts of the Service it is not entitled to, interfere with its operation or security, or use it for anything unlawful.
4. Fees and payment
- Setup: a one-off fee for building and refining the Club's website, agreed with the Club before work starts.
- Subscription: a monthly fee covering hosting, support and website editing, starting only once the Club's website goes live. See our pricing page.
- Invoices: subscription fees are invoiced monthly in advance and are due within 14 days. Prices exclude VAT where VAT applies.
- Late payment: if an invoice is more than 30 days overdue we may suspend the Service after giving the Club written notice, and restore it once the account is paid up.
- Price changes: we will give at least 30 days' notice before changing the subscription fee.
5. Online payments taken by the Club
Membership fees, event entries, shop orders and other payments are taken through the Club's own Stripe account, connected to the Service. Stripe's terms apply to those payments and Stripe pays the money directly to the Club. Stripe's processing fees, and the small per-transaction platform fee set out in our agreement with the Club, are deducted from each payment. Refunds and chargebacks are a matter between the Club, its payer and Stripe.
6. Data protection
The Club controls Club Data and we process it on the Club's behalf, as described in our Privacy Policy. We use the subprocessors listed on our Subprocessors page. We will keep Club Data secure, process it only on the Club's instructions, and help the Club respond to requests from members exercising their data protection rights.
7. Intellectual property
The Club owns Club Data and its own content, such as logos, text and photos, and gives us permission to use them only to provide the Service. We own the Yacht Clubs Manager software and platform, and everything we develop for it. Third-party services connected to the Service, such as Stripe and Xero, remain the property of their owners.
8. Cancelling and ending the Service
- By the Club: the Club can cancel at any time by emailing us, with no cancellation fee. The Service continues to the end of the month already paid for, and fees already paid are not refunded.
- By us: we may suspend or end the Service if the Club seriously breaches these terms and does not put it right within 14 days of our notice, or if fees remain unpaid after suspension. We may also end the Service for any reason by giving the Club at least 3 months' notice.
- Club Data afterwards: on request before the Service ends, we will give the Club an export of its Club Data. We delete Club Data within 30 days of the Service ending, except where the law requires us to keep it.
9. Our responsibility to you
We provide the Service with reasonable skill and care, and aim to keep it available at all times, but we cannot promise it will be uninterrupted or error-free. Planned maintenance will be scheduled to cause as little disruption as possible.
Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law. Otherwise:
- we are not liable for loss of profits, revenue, goodwill or data, or for any indirect or consequential loss; and
- our total liability to the Club in any 12-month period is limited to the subscription fees the Club paid us in the 12 months before the claim arose.
10. General
- Changes to these terms: we may update these terms. We will tell the Club at least 30 days before a significant change takes effect.
- Events outside our control: we are not responsible for delays or failures caused by events beyond our reasonable control.
- Transfer: the Club may not transfer its rights under these terms without our agreement.
- Whole agreement: these terms, with our written confirmation of the Club's order and any quote it refers to, are the whole agreement between us.
- Governing law: these terms are governed by the law of Northern Ireland.
11. Contact
For questions about these terms, email [email protected] or write to NC Web Solutions Ltd, 4th Floor, Glendinning House, 6 Murray Street, Belfast, BT1 6DN, United Kingdom.