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Terms and conditions (Clients)

These terms and conditions govern the use of our software “Your Club Subs” as a client (An organisation using our platform to collect fees)

Definitions

– Your Club Subs Ltd trading as Your Club Subs which is a registered company in England #12922197, registered office at Kemp House, 160 City Road, London, EC1V 2NX (“the company”) (“we”) (“our”) (“us”).

– Online software known as “Your Club Subs” and located at https://portal.yourclubsubs.com/ (“the platform”)

– Organisation using the platform (“the client”)

– Data protection officer for the company who is Matthew Moore (“DPO”)

– Data subject access request being a request made by a member of the client to receive all personal information held on the platform (“DSAR”)

Intellectual property (IP)

– The company own all of the information and intellectual property we publish on the Site.
– Unless the company give you the right, you don’t have the right to copy or use any of the information or intellectual property we publish on the Site except where it is necessary to use the Site.
– If you post any text or image on the Site you warrant that you have the undisputed right to use the same and grant us without further fee a licence to use the same in whatever form we decide for the promotion of the Site or any other site the company may own or control.

Onboarding

– You acknowledge you have the designated permission to onboard with the platform, and the the client has given you full permission to agree to these terms on its behalf.
– As a customer of the company, you promise not to:
* You will only have one account per organisation.
* You won’t use robots, spiders, or attempt to web scrape any part of the platform.
* You won’t make any attempt to hack, get around any security measures, or do anything to intentionally cause our platform to suffer an outage.
* You won’t copy any part of our site, or the intellectual property we own.

Payments, charges and payouts

– The client authorises the company to take payment in respect of membership, event and/or subscription fees from its members on its behalf. The company will then pay any balance due to the client on the first day of the month in respect of payments received in the previous month. The company will deduct from this payout the transaction fee (5%) and any other additional costs or services purchased by the client in the previous month.
– Payouts will only be made to a verified bank account once the appropiate KYC (Know your customer) checks have been carried out by us and our payment provider.
– The company remains independent of the client. The company will not accept any liability for the client failing to fulfil it’s duties in respect of any fees paid.

Chargebacks and refunds

– The company will recharge any chargebacks or refunds directly to the client. We will attempt to add this as an additional cost prior to any payout, but if the payout balance is lower than the charge, a separate invoice will be raised which will need to be paid within 5 working days.

GDPR & Data protection

This covers the specific obligations of a client of the company. More about data protection and privacy can be found in our privacy policy.

– The company is a designated data controller registered with the ICO #ZA295728. When the client onboards, the client becomes a designated data processor of the company in respect of personal data held from the members of the client. As a designated data processor of the company, the client agrees to:
* To keep all personal data confidential, and to only hold it for as long as the personal data remains relevant.
* To ensure all personal data is kept up to date.
* To pass on any DSAR (Data subject access requests) to the DPO (Data protection officer) for the company (mattmoore@smartamus.com) immediately (within 24 hours) so this can be honoured. Any fine issued in respect of a delay with DSAR requests where the client cannot prove the request was sent immediately (within 24 hours) will be recharged to the client.
* The client assumes all responsibility for all users it gives access to the platform, and their behaviour in terms of how they manage the client’s user’s personal data.
* The company will hold all personal data until is it no longer relevant. The company is obligated to keep some of this data for a reasonable amount of time after a user has been removed off the platform. This is to allow us effectively manage disputes which may arise after a users membership with the client has ceased. The company will not hold any personal data after 12 months of either a user leaving, or a user settling their balance (whichever is later)
* The company reserves the right to recharge any fine received where the client has broken its obligations mentioned in these terms.

Payment provider’s terms and conditions

By using our platform, you agree to our payment provider’s terms and conditions (Stripe) which can be found here https://stripe.com/gb/connect-account/legal. We will manage your Stripe account on your behalf.