Draft for review. These terms should be checked by a solicitor before launch. Items in [square brackets] still need filling in.
Terms for clubs
About these terms
These terms are between Courtmark Ltd, registered in England and Wales (company number [company number]), [registered office address] ("Courtmark", "we") and the club, academy, committee or coach that sets up a club on Courtmark ("you"). The person who creates the club confirms they're allowed to agree to these terms on its behalf.
What Courtmark provides
Courtmark gives your club its own branded space in the Courtmark app, where families can book and pay for classes, camps, events and courts, and where your coaches and admins can run registers, track progress, message families and manage payments. We keep the app running, secure and up to date, and we support you by email at hello@courtmark.app.
Fees
- 1.89% of each payment made through the app for the first 12 months, counted from the day your Stripe account can first take payments.
- 2.19% of each payment after that.
- There's no set-up fee, no monthly fee and no minimum term. Families use the app for free.
- Our fee is taken automatically as each payment is made, using Stripe's platform fees, so there's nothing to invoice. Stripe's own processing fees are separate and are charged to you by Stripe.
- If you refund a family in full, tell us and we'll refund our fee on that payment.
- We'll give you at least 60 days' notice by email before changing our fees. You can leave before the change takes effect.
- Our fees are shown exclusive of VAT. [Confirm VAT position once Courtmark Ltd is VAT registered.]
Messages and the free allowance
- Each club gets 1,000 WhatsApps and texts free every month. A text longer than 160 characters counts as more than one. Emails and app notifications are free and don't count.
- Messages beyond the allowance are charged at our cost, currently 2p for a WhatsApp club update, 5.1p for a WhatsApp promotion and 4.2p for each part of a text. The app shows the likely cost before you send.
- We send you an invoice for these in the first week of the following month, payable within 14 days. Nothing is invoiced under 30p.
- WhatsApp and text messages from Courtmark are one-way. Families can't reply to them, so make sure they have another way to reach you.
Payments and Stripe
Payments are processed by Stripe. To take payments you'll open a Stripe account through Courtmark and agree to Stripe's own terms, including the Stripe Connected Account Agreement. Money from families is paid into your Stripe account and then to your bank on Stripe's schedule. Courtmark never holds your money. You're responsible for your own Stripe account, including disputes and chargebacks on your payments.
Your responsibilities
- Keep your club's information accurate, including prices, times, term dates and discounts.
- Run the sessions families book, and set out your own rules on cancellations, missed sessions and refunds. Families' agreement for a session is with you.
- Follow safeguarding good practice, including appropriate checks for anyone working with children.
- Only give coach or admin access to people who need it, and remove it when they leave.
- Use messaging for your own members and sessions, and never for spam or anything unlawful. Mark promotions as promotions, and respect families' choices about how they're contacted.
Data protection
For your members' details (bookings, children's details, attendance, progress notes, payments to you and messages you send), you are the controller and Courtmark is your processor. For families' Courtmark accounts and how the app works, Courtmark is the controller. Our privacy policy explains this to families.
When we process data for you, we will:
- only process it on your documented instructions, which are these terms and how you use the app's settings
- make sure everyone who can reach it is bound by confidentiality
- keep it secure, including encryption in transit and access controls that stop other clubs reaching your members' details
- only use the sub-processors listed in our privacy policy, give you notice of any new one, and hold each to the same data protection standards
- help you respond to requests from families to use their data protection rights
- tell you without undue delay, and within 48 hours, if we become aware of a personal data breach affecting your members
- help you with any data protection impact assessment or consultation with the ICO that relates to the app
- delete or return your members' details when you leave, as described below, unless the law requires us to keep them
- give you the information you reasonably need to show we're meeting these obligations
You confirm you have a lawful basis for the details you ask us to process, and that you'll tell families about it, for example in your own privacy notice.
Your brand and content
You keep ownership of your club's name, logo, photos and content. You give us permission to use them to run your club's space in the app. With your agreement we may name your club as a Courtmark customer. You confirm you have the right to use anything you upload.
Leaving Courtmark
You can leave at any time by emailing us. There's no minimum term and no exit fee. Before you leave we'll help you tell families and end their plans, and on request we'll give you your members' details in a common format. Thirty days after you leave, we'll delete your members' details, apart from payment records we must keep for tax and accounting purposes.
We can suspend or close a club that seriously breaks these terms, puts children at risk, or uses the app unlawfully. Where we can, we'll give you notice and a chance to put things right first.
Liability
We'll provide the app with reasonable skill and care. We don't promise it will never be unavailable, but we'll fix problems as quickly as we can. Our total liability to you in any 12 months is limited to the fees you paid us in that period. We aren't liable for indirect loss or loss of profit. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit.
General
We may update these terms, giving you at least 30 days' notice of any important change. If a change doesn't suit you, you can leave before it takes effect. These terms are governed by the law of England and Wales, and the courts of England and Wales can decide any dispute.
Questions? Email hello@courtmark.app.