Note: SwimClub Manager is owned and run by BPS Designs Limited.
The terms and conditions laid out below in this document form the contract for your use of the SwimClub service. By checking the ‘Agree To Terms’ form field displayed on the register page you entered into an agreement governed by these terms and conditions. If you enter this agreement on the behalf of a company or other similar body you warrant that you have the authority to enter that company or body into this agreement.
Last updated 9th November 2018.
1. BPS Designs grants you a non-exclusive, non-transferable licence to use the SwimClub application via a web browser on one or more computers for the process of carrying out your swimming club management for the period in which you continue to meet the subscription fee.
2. You may not resell or otherwise re-distribute the service for any reason whatsoever.
3. You may use the service only for the purpose of carrying out your own, legitimate business.
4. You may not use the service for the distribution of spam or unsolicited bulk emails (which includes marketing emails), or the distribution of unlawful materials, whatsoever their nature. All emails sent from your account are monitored and recorded. Any user found to be using the service for the distribution of spam or unsolicited bulk emails, or the distribution of unlawful materials, whatsoever their nature, will be banned.
5. Responsibility for all activity on your account rests with yourself or your company or body. You must immediately notify us if you believe that your password has been compromised in any way. Should you suspect that unauthorised access to your account has taken place you will notify us immediately. We will not be liable for any changes, deletions or additions made to customer data where an account has been compromised.
6. You may terminate this agreement with 30 days written notice to us. You may not claim any money back if you cancel in the middle of a payment period.
7. If you terminate this agreement and you are on payment option 1 (full website and SwimClub access), you are not entitled to take your website elsewhere. You may have a copy of the site design (if not using one of the default templates), but the underlying code that the website runs on belongs to BPS Designs Ltd.
8. All charges and fees for the service shall be met in a timely manner. Payments will be collected on a monthly or yearly basis.
9. Failure to make payment for the service within 14 days (monthly invoices) or 30 days (6 monthly and yearly invoices) of the invoice date will be considered a breach of contract and BPS Designs will cease access to the delinquent account. Access will be restored on receipt of full payment of the arrears plus interest at the rate of 1% per calendar month.
10. Should subscriptions fall into arrears BPS Designs reserves the right to charge a re-connection fee.
11. Where a subscription has fallen into arrears for a period of at least ninety days, BPS Designs reserves the right to permanently delete all data from your account.
12. Access to the SwimClub system may occasionally be slowed, interrupted or delayed due to the limitations of the internet and electronic communications.
We will have no liability for losses caused by such delays and/or failures where they remain out of our control.
13. In any event the maximum liability of BPS Designs to the customer will remain at the equivalent or one year’s subscription.
14. At times it may be necessary to vary the service from the published specifications; BPS Designs will notify you of such changes by email at the earliest possible opportunity.
16. BPS Designs makes no warranty as to the reliability or suitability of the service offered. It is incumbent on you to test the service during the trial period offered to establish whether it meets expectations.