1. Parties

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2. Background & purpose

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• 2.1

  The customer is seeking software to help them update their website, process booking requests, receive online payments, sell tickets for events and other tasks related to managing their venue(s).

• 2.2

  Against this background, Tectonic Software will provide a licence for LemonBooking; an all-in-one software package specifically designed for community venues including village halls, sports facilities, schools, libraries and community centres.

• 2.3

  The purpose of this document is to specify the terms for the on-going use of the service for both parties.

3. The service provided by Tectonic Software

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• 3.1

  Tectonic Software will provide a fully hosted, online service. All access to the system is gained through a compatible internet browser on customer owned equipment.

• 3.2

  Based on the agreed payment schedule and terms [Section 5], the customer’s authorised administrators will be licensed to operate the LemonBooking system. The customer is responsible for maintaining the list of authorised administrators (staff).

• 3.3

  When the customer starts a LemonBooking subscription, Tectonic Software will configure the software to meet the customer's requirements at no extra charge. This configuration is limited to; facilities, resources (equipment/services), prices, opening hours, system settings and branding. [Section 4]

• 3.4

  Tectonic Software will provide support to the customer throughout the period of the subscription. The format of the support (help centre, email, online) depends on the pricing plan [Section 5] selected by the customer. Customer support will be provided during UK business hours (9am - 4pm, Monday - Friday) with a response time of one working day. There is no customer support on weekends or UK bank holidays.

• 3.5

  The system is automatically monitored 24/7. Any hardware or system errors will be automatically reported and resolved as soon as possible - including outside normal office hours.

• 3.6

  Tectonic Software provides online training, data import tools, design services, domain names and email accounts for customers with a LemonBooking subscription. These are optional extras that can be selected at the time of ordering or at a later date, as required.

• 3.7

  Face-to-face training is not provided by Tectonic Software but is available - if needed - via affiliated third parties. The terms and conditions of face-to-face training are not covered by this document. Please contact us for further details.

• 3.8

  Tectonic Software will provide support [3.4] for up to five staff users per system. Tectonic Software does not provide support for end users (customers of the customer).

4. The customer's responsibilities

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• 4.1

  The customer is responsible for ensuring the system is configured for the specific requirements of their organisation. This includes but is not limited to; equipment, services, prices, opening hours and the availability of facilities.

• 4.2

  The customer is responsible for entering any future and/or on-going bookings onto the booking system when they start using LemonBooking. The customer is also responsible for ensuring that they have permission from their customers to enter personal information into LemonBooking.

• 4.3

  The customer is responsible for carrying out all administrative functions related to running the system including but not limited to; responding to booking requests, processing ticket orders, refunding payments and notifying users of changes to the facilities and resources.

• 4.4

  The customer is solely responsible for all content uploaded via the website editor.

5. Service charges

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• 5.1

  The standard service charges for LemonBooking are provided in the table below. The prices shown are for one system with up to eight facilities (bookable spaces). Specific details of each pricing plan - including charges for additional systems/facilities - are available here: lemonbooking.com/pricing

• 5.2

  Sales tax will be applied to subscriptions using the reverse charge mechanism. Customers in the UK: If you are VAT registered, you will need to account for the resulting VAT liability on your VAT return. If you are not VAT registered, you do not need to declare or pay VAT. However, you should be aware that the VAT liability counts towards your own VAT registration turnover threshold.

• 5.3

  All invoices are issued with payment terms of 28 days.

• 5.4

  A one month discount is applied to annual pre-payments [5.1].

• 5.5

  Access to the LemonBooking system and the service provided by Tectonic Software [Section 3] is based upon the timely receipt of payments. Tectonic Software reserves the right to withdraw access to the system and withhold other services in the event of non-payment. Tectonic Software also reserves the right to cancel the customer's subscription without the standard notice period [Section 9] in the event of non-payment.

• 5.6

  Tectonic Software reserves the right to increase the prices [5.1] for LemonBooking. Existing customers will be notified of any price changes at least 12 months in advance.

• 5.7

  The customer will be charged £10.00 or 5% (whichever is higher) per 28 days for each overdue invoice.

• 5.8

  There is a fee of 20p (25¢) per paid ticket sold via the ticketing module excluding refunds. Sales taxes may also apply to fees for ticket sales outside of the UK. Please contact paul@lemonbooking.com for details. The customer will be invoiced according to the standard terms ([5.2], [5.3], [5.7]) every three months or per £100 ($125) — whichever comes first.

• 5.9

  All invoices will be sent electronically by paul@lemonbooking.com or hannah@lemonbooking.com. Please make sure you whitelist these email addresses so you are able to receive your invoices.

6. Intellectual property

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• 6.1

  Tectonic Software asserts exclusive, perpetual rights to the design and source code of the LemonBooking system.

• 6.2

  The customer is responsible for ensuring they have the rights for any third party content uploaded to the system.

7. Publicity

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• 7.1

  Tectonic Software reserves the right to make references to the customer as a user of the system in marketing materials and on the LemonBooking website.

8. Data

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• 8.1

  Tectonic Software uses Amazon Web Services (AWS) to host LemonBooking. All LemonBooking customer data is stored in AWS data centres in London with the exception of any images uploaded to the system which are stored by FileStack in North Virginia, USA.

• 8.2

  Automatic database backups are taken every 24 hours and each backup is retained for 35 days. Customers with a Gold+ subscription may also configure an additional backup process for their own purposes.

• 8.3

  In the event of a major system failure, Tectonic Software guarantees not more than 48 hours of customer data will be lost.

• 8.4

  Amazon Web Services (AWS) guarantees a minimum uptime of 99.95%. Uptime statistics for the LemonBooking application, website and API are tracked and published here: https://status.lemonbooking.com

• 8.5

  Any customer data entered during a free trial period will be automatically deleted 90 days after the end of the trial period unless the trial has been converted to a paid subscription [Section 5.1].

9. Termination of the agreement

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• 9.1

  A LemonBooking subscription can be terminated by the customer with no notice period. The customer must send their cancellation notification in writing to contact@lemonbooking.com for it to be considered valid. The cancellation will take affect on the next working day.

• 9.2

  If the customer cancels their subscription [9.1], they will be refunded for any future, full, pre-paid months. Online training, data import, design services, domain names, email accounts and face-to-face training are non-refundable [3.6].

• 9.3

  Tectonic Software will store data for customers with a cancelled subscription [9.1] for 30 days and thereafter the data will be deleted permanently. The customer can export their data from the system at any time during this 30 day grace period.

• 9.4

  A subscription can be terminated by Tectonic Software with a notice period of 12 months. Tectonic Software also reserves the right to cancel a subscription immediately in the case of non-payment [5.5].

10. Disputes

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• 10.1

  The agreement is subject to English law.

• 10.2

  The parties agree to attempt to settle any disputes arising from the use of the system amicably and in a timely manner - before resorting to other legal options.

11. Changes to the terms of service

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• 11.1

  Tectonic Software reserves the right to make changes to the terms of service. Any changes will be announced at least 90 days in advance and the customer can choose to opt out and keep the previous version of the terms of service.