Terms of Service
A venue hands every hirer a set of conditions before it hands over the keys. This page is ours. Sections 1 to 15, together with 18 to 21, form the commercial agreement between VenueBooker and a venue operator. Section 16 governs anybody simply reading this website. Section 17 is the licence for our apps and the consumer conditions attaching to a store purchase. Wherever you are a consumer, the statutory rights the law refuses to let anyone contract out of survive everything written here.
1. What this agreement is, and when it binds you
The supplier on one side of this agreement is VENUEBOOKER SOLUTIONS LTD, a company incorporated in Northern Ireland under number NI737741. Our registered office is the one recorded against that number on the public register maintained by Companies House, and it is the address at which a document may be formally served on us.
You take these conditions on at whichever of these comes first: signing an order form that refers to them, opening an account, or simply using the Services. Nobody is obliged to accept them — but without accepting them, the Services are not available.
Where an Order Form has been signed and something in it pulls against something here, the order of precedence runs: first the Order Form, then these conditions, then the Privacy Policy and the Cookie Policy. Help articles, support pages and anything said in a demo or a sales conversation are there to inform you and form no part of the bargain.
These conditions can be revised. Where a revision would genuinely cut into your rights or add to your obligations, you get at least thirty days’ notice by email to the administrative contact on the account, and you may bring the agreement to an end before it bites, without penalty. Anything else takes effect on publication here.
2. The vocabulary
- Apps — the VenueBooker operator applications for iOS and for Android.
- Booking Data — what the Customer records in the Services about its own hirers and events: who they are, how to reach them, what is happening, what has been paid, the run sheets and the uploads.
- Customer Data — everything the Customer or its Users put into the Services or create inside them, Booking Data included.
- Deliverables — anything we build for one Customer specifically under a written Order Form: a migration, a configured template, a report cut to order.
- Documentation — the help and support material we publish alongside the Services.
- Order Form — a written or electronic order both sides have signed or accepted, setting out plan, term, fees and any special arrangement.
- Services — the VenueBooker booking and operations software as a whole: the web application, the Apps, any programming interface, and support.
- Subscription Term — the opening period named in the Order Form or chosen at sign-up, plus each renewal after it.
- User — somebody the Customer has authorised to work inside its account.
- VenueBooker IP — the Services, their code, interfaces, designs, documentation and trade marks, every improvement to them, and everything we owned or built before this agreement or independently of it.
- Website — venuebooker.co.
A few reading conventions. “Including” never narrows what precedes it. Headings are signposts and carry no weight of their own. Where a statute is named, read it as it stands from time to time, amended or superseded. And a business day means Monday to Friday, setting aside public holidays in Northern Ireland.
3. What we supply
We supply booking and operations software built for the people who run venues: one diary spanning every bookable space, records of bookings and enquiries, the state of every deposit and balance, run sheets for the team on shift, and reporting on how the building is actually used. Which of those a Customer gets depends on the plan bought.
Provided these conditions are observed and the fees are paid, the Customer has a non-exclusive, non-transferable licence that it may not sublicense, allowing its Users to reach and use the Services throughout the Subscription Term for the Customer’s own business.
The Services are delivered as software running on our infrastructure rather than software you install. We will change and improve them, and an individual feature may be withdrawn on reasonable notice — but not in a way that materially strips out functionality during a term already paid for. Where a material reduction genuinely cannot be avoided, the Customer may end the affected subscription and take back a proportionate share of anything paid in advance.
Evaluation features. Anything we label as an evaluation or a preview exists so that it can be tried out and told apart from the rest. It may behave unpredictably, it may be withdrawn, and it comes without the warranties in section 11.
4. At the door — accounts and authority
The Services are for organisations and for people acting in the course of a business, and anybody accepting these conditions must be eighteen or over. Where you accept for an organisation, you are confirming that the authority to commit it rests with you, and from that point “you” means the organisation itself.
Credentials are the Customer’s responsibility to keep to itself. So are the acts and omissions of its Users, which count as the Customer’s own. Users who leave should lose their access promptly, and any suspicion that somebody has got in who should not have belongs in an email to bookings@venuebooker.co without waiting to be certain. Loss flowing from credentials that were not looked after is not ours to carry, save where our own breach brought it about. A seat belongs to one person and is not to be passed round a team, and we may insist on a second authentication factor for administrative access.
5. House rules
The Services must be used lawfully. The Customer must not do any of the following, nor let a User or anybody else do it:
- put in content that is unlawful, defamatory, obscene, discriminatory or infringing;
- send unsolicited marketing through the Services in breach of the Privacy and Electronic Communications Regulations 2003, or handle personal data through them without a lawful basis for doing so;
- try to reach parts of the Services, other customers’ workspaces or our infrastructure that are not open to it, or probe our security without written permission — the route for reporting a genuine finding is in our Privacy Policy;
- introduce malicious code, or interfere with how the Services perform for anybody else;
- copy, adapt, decompile or reverse engineer the Services beyond what the law expressly permits, or work backwards towards their source;
- harvest or systematically extract anything other than the Customer’s own data, or use what it learns to build a rival product;
- resell the Services, sublicense them, or run them as a bureau for other organisations without our written agreement; or
- push storage, interface calls or notifications well past what the plan reasonably contemplates. Where consumption runs plainly out of proportion we will talk to the Customer and agree a sensible plan before doing anything else about it.
Customer Data has to be accurate and lawful, and that is the Customer’s responsibility — including holding a lawful basis, and an Article 9 condition where one is needed, for what it records about its hirers, and giving those hirers a privacy notice of its own. Content we reasonably believe to be unlawful or in breach of this section may be taken down or switched off, and the Customer will hear from us promptly whenever we do that.
6. At the till — fees, invoicing and arrears
The fees are whatever the Order Form, the sign-up screen or the relevant store listing says they are. Unless something says otherwise, they sit outside VAT and any other applicable tax, which is added at the rate in force.
Invoiced directly. Where we invoice the Customer ourselves, payment falls due fourteen days from the date of the invoice unless the Order Form sets a different period. Payment is by whichever methods we have made available; a card payment is handled by our third-party payment provider, and full card details never sit with us.
Billed by a store. Where a subscription is bought through the App Store or through Google Play, that store bills you and its own payment conditions apply — see section 17.
Renewals and price movement. A subscription rolls over into a further period of the same length unless it is cancelled before the renewal date. Fees for a renewal period may be changed on at least thirty days’ written notice ahead of that date; a Customer that would rather not accept the new figure can cancel before the roll-over happens.
Arrears. Where both sides are acting in the course of a business, the Late Payment of Commercial Debts (Interest) Act 1998 governs what happens next: overdue sums may carry statutory interest at eight per cent above the Bank of England base rate, alongside the fixed compensation and reasonable recovery costs that Act allows for. We may also suspend under section 10, having given at least seven days’ written notice that payment is outstanding. None of this paragraph applies to a consumer.
Invoices in dispute. A Customer disputing an invoice in good faith should tell us inside fourteen days of its date, pay whatever part is not in dispute, and work with us to settle the rest quickly. Interest does not build up on a sum genuinely in dispute while it is being resolved.
Save where these conditions or the law say otherwise, fees are not refundable — including for part-periods and for seats nobody used.
7. What belongs to whom
Ours remains ours. Every right in the VenueBooker IP — everything we held or built before this agreement, and everything we build independently of it — stays with us or with the people who licensed it to us. Nothing here moves any of it across. What you get is the licence granted at section 3 or at section 17, and nothing beyond.
Yours remains yours. Every right in Customer Data belongs to the Customer. The Customer grants us a worldwide licence, non-exclusive and free of royalty, to host, copy, transmit, display, back up and otherwise handle Customer Data purely in order to run, secure and support the Services and to meet our legal obligations. That licence falls away as the data is deleted under section 10.
Deliverables. Unless an Order Form says otherwise, once payment is made in full we assign to the Customer the rights in anything built specifically for it — leaving out any VenueBooker IP or third-party material woven into it, for which the Customer instead receives a licence, perpetual and non-exclusive, covering its use inside that Deliverable.
Suggestions. Ideas and feedback you send us may be used freely and without payment. We will not name you as their source unless you would like us to.
Aggregate figures. Genuinely anonymised, aggregated statistics may be compiled from use of the Services in order to run and improve them, on the footing and with the safeguards our Privacy Policy describes. Nothing identifying a Customer, a User or a hirer will be published or passed on.
8. Keeping confidences
Each side will come into information the other treats as confidential, whether it is marked as such or is obviously of that character — Customer Data, pricing, security detail, unreleased plans. Each side will keep it close, use it only to perform this agreement, and share it only with the staff and advisers who genuinely need it and are held to equivalent obligations.
None of that applies to information already public without any breach, information lawfully held before it was disclosed, information developed independently, or information lawfully obtained from somebody else entitled to give it. Where a law, a court or a regulator compels disclosure it may be made, and where the compelled party is lawfully able to, it will warn the other beforehand and help it challenge or narrow what has to go.
These obligations run for five years beyond the end of this agreement, and without limit of time for personal data and for anything amounting to a trade secret.
9. Part C — handling personal data
Both sides will comply with the UK GDPR and the Data Protection Act 2018. Our Privacy Policy sets out in detail what happens to personal data, and sections 3, 6 and 11 of that policy are incorporated into these conditions.
For Booking Data the Customer stands as controller and VenueBooker as processor. For account, billing, support, telemetry and website data, VenueBooker is the controller. Each side answers separately for its own compliance in whichever role it holds.
Acting as processor, we will: (a) handle personal data only on the Customer’s documented instructions — which comprise these conditions, the Order Form and the Customer’s own use of the Services — unless UK law requires otherwise, in which case the Customer hears from us first unless the law forbids it; (b) place everybody with access under a duty of confidence; (c) run the technical and organisational measures Article 32 calls for, as described in the Privacy Policy; (d) bring in a sub-processor only under written terms carrying equivalent obligations, with at least thirty days’ notice of any addition or substitution and a right to object on reasonable data protection grounds; (e) assist the Customer, so far as the nature of the processing and the information available to us permit, with requests from individuals, with security, with breach notification and with impact assessments; (f) tell the Customer without undue delay, and in practice inside 24 hours, once we become aware of a breach touching its personal data; (g) return or destroy the personal data when this agreement ends, in line with section 10, save where UK law makes us keep it; and (h) make available what is reasonably needed to demonstrate compliance and submit to audit, which written answers and documentation may satisfy where that is a reasonable way to do it.
The Customer instructs us to move personal data internationally only along the routes described at section 12 of the Privacy Policy, and warrants that it holds a lawful basis for what it enters and has given its hirers the notices the law requires of it. The subject matter, duration, nature and purpose of the processing, the categories of personal data and the categories of individual are all set out at section 6 of the Privacy Policy.
10. Renewal, suspension and parting company
Length. This agreement runs for the Subscription Term and rolls into successive periods of equal length, unless one side gives notice of non-renewal at least thirty days before the current period ends, or the subscription is cancelled through the relevant store (section 17).
Suspension. Access may be suspended in whole or in part where fees have been outstanding for seven days after written notice; where we reasonably believe continued access threatens the security of the Services or of other customers; or where use breaches section 5 in a way that risks harm to somebody. We will give whatever notice the circumstances reasonably allow, keep the suspension no wider than it needs to be, and restore access as soon as the cause is dealt with.
Ending it for breach. Either side may end this agreement by written notice where the other commits a material breach and either fails to put it right within thirty days of written notice describing it, or cannot put it right at all. Either side may end it immediately where the other becomes insolvent, has an administrator or receiver appointed, or stops trading.
Ending it by choice. The Customer may cancel at any point, effective from the end of the current Subscription Term. We may end the agreement on ninety days’ written notice if we withdraw the Services altogether, refunding fees covering any period after termination.
What follows. On termination or expiry the licences at sections 3 and 17 come to an end and use of the Services must stop; fees accrued up to that date become payable at once; and the workspace goes read-only for thirty days so that Customer Data can be exported as a structured file in a common, machine-readable format. We then remove Customer Data from live systems within a further thirty days, with encrypted backups ageing out on their normal rotation, keeping only what a statute requires. Sections 2, 6 as to sums already accrued, 7, 8, 9, 13, 14 and 18 to 21 survive, along with anything else whose nature means it should.
11. What we warrant
We warrant three things: that the Services will be provided with reasonable skill and care and will match the Documentation in every material respect; that the licences granted here are ours to grant; and that we will not knowingly put malicious code into the Services.
The Customer warrants for its part that it is entitled to upload Customer Data and to instruct us to handle it, that Customer Data infringes nobody’s rights and breaks no law, and that it will keep to section 5.
Where the Services materially fall short of that warranty, tell us, and reasonable efforts to put them right are what follows. Where we cannot manage that within a reasonable time, the Customer may end the affected subscription and take back a proportionate share of fees paid in advance for the unused part. That is the Customer’s sole remedy for a breach of this warranty, leaving section 13 untouched.
12. What we stop short of promising
Beyond what section 11 says expressly, and as far as the law allows, the Services come as they are, and every other term, condition or warranty that statute or common law would otherwise imply is excluded.
We do not undertake that the Services will run without interruption or without fault, that they will suit every requirement anybody brings to them, or that every defect will be put right. Nor are we answerable for failures rooted in the Customer’s own equipment, network or third-party services, or for whether Customer Data is accurate. Nothing published about features, tiers or timings commits us to supplying them in a particular form or by a particular date. Nothing on the Website or inside the Services amounts to legal, accounting, licensing or safety advice: licensing, insurance, fire safety and safeguarding remain squarely the venue’s own responsibilities.
None of this section touches rights that cannot lawfully be excluded, including a consumer’s rights under the Consumer Rights Act 2015.
13. The ceiling on liability
Nothing written here excludes or limits our liability for death or personal injury arising from negligence; for fraud or fraudulent misrepresentation; for breach of the implied obligations as to title under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or for anything else the law does not permit to be excluded or limited. A consumer’s statutory rights are untouched by any of it.
Subject always to that:
- Neither side carries liability for lost profit, revenue, business, contracts, anticipated savings, goodwill or reputation, nor for indirect or consequential loss of any kind, foreseeable or not.
- We are not answerable for Customer Data being lost or corrupted so far as that follows from the Customer keeping no copies of what it regards as critical, or from what the Customer or a User did.
- The cap. Our total aggregate liability arising out of or connected with this agreement — in contract, in tort including negligence, for breach of statutory duty or otherwise — is limited to whichever is the greater of £1,000 and the fees paid or payable by the Customer across the twelve months preceding the event complained of.
- Where the Services are being used without charge — an evaluation account, for instance — that total aggregate liability is capped at £100.
- These exclusions and this cap apply to a single event and to a run of connected events taken together as one.
Each side must take reasonable steps to keep its own losses down. No claim may be started more than two years after the claimant knew, or should reasonably have known, the facts giving rise to it, unless the law insists on a longer period.
Both sides agree these limits are reasonable, given what the Services are, what they cost and the insurance available to each side.
14. Indemnities
From us. We will defend the Customer against a claim that its permitted use of the Services infringes somebody’s intellectual property rights in the United Kingdom, and will meet damages and costs finally awarded or agreed in settlement — provided the Customer tells us promptly, leaves the defence and any settlement to us, and helps where we reasonably ask. Where such a claim is made or looks likely, we may choose to secure the right for use to continue, to change or replace the Services so that the problem goes away, or to close the affected subscription and hand back fees covering the part nobody used. This does not extend to claims arising out of Customer Data, out of use that breaches these conditions, or out of the Services being combined with something that did not come from us.
From the Customer. The Customer will indemnify us against losses, damages and reasonable costs arising from a third-party claim about Customer Data or about use of the Services in breach of section 5 — including a claim brought by one of the Customer’s own hirers about how the Customer handled their personal data — save where our own breach of these conditions brought it about. This paragraph does not apply where the Customer is a consumer.
15. Events beyond anyone’s control
Neither side is liable for failing or being late to perform — payment obligations aside — where the cause lies beyond its reasonable control: act of God, fire, flood, storm, epidemic, war, terrorism, civil unrest, industrial action not involving that side’s own workforce, the failure of a public telecommunications network or utility, or an act of government. Whoever is affected must say so promptly and make reasonable efforts to work around it. Where the disruption runs past sixty days, either side may end the agreement by written notice, and we will refund fees paid in advance for anything not supplied.
16. Using this website
This section binds anybody using the Website, customer or not, and using it is how you accept it.
The Website and what is on it — the words, the design, the logos, the VenueBooker name and mark, the graphics and the code — are ours, or are held by us under licence. Pages may be viewed, downloaded and printed for your own internal or personal use. Beyond that, reproducing, modifying, distributing or commercially exploiting them needs our written consent, except so far as the law allows it anyway.
The Website is not to be misused: no malicious code, no attempts to get in where you should not be, no wholesale scraping or harvesting, no using it to send spam, no pretending to be somebody else, and nothing unlawful. Access may be blocked to protect the Website or the people using it. Links may lead to other people’s sites, which are outside our control and not our responsibility.
The Website costs nothing to use and, subject to section 13, our total liability connected with use of the Website by itself is capped at £100.
17. The app licence and consumer terms
This section is the end-user licence for the Apps and sets out what applies to a purchase made through a store. It is an agreement between you and VenueBooker; neither Apple nor Google is a party to it.
17.1 What the licence allows, and what it does not
We grant you a personal, non-exclusive, non-transferable and revocable licence to install and use the Apps on devices you own or control, purely to use the Services in line with these conditions and with the usage rules of the store in question. Copying the Apps beyond what is expressly allowed, modifying them, building derivative works from them, reverse engineering or decompiling them beyond what the law permits, stripping out proprietary notices, and renting, leasing, selling, sublicensing or redistributing them are all outside the licence. The Apps are licensed to you; they are not sold to you.
17.2 A subscription bought inside an app
Buy a subscription inside an App and Apple or Google takes the money, not us. The price, the currency and any applicable tax are shown in the store before you confirm. Subscriptions renew by themselves at the end of each billing period at the price then current, and the store account is charged inside the 24 hours before the period runs out unless you have cancelled first.
17.3 Cancelling a store subscription
Cancelling happens in your store account settings rather than in our app. On an Apple device, open Settings, tap your own name at the top and choose Subscriptions. On Android, open the Play Store, tap your profile picture, and look under payments and subscriptions. Cancel at least 24 hours ahead of the renewal date or the next period will be charged. Deleting the App does not cancel anything. Once cancelled, access carries on to the end of whatever has already been paid for.
17.4 Refunds on a store purchase
Apple and Google run their own refund policies for purchases made through them, and we are not able to process such a refund on your behalf. Any refund we owe you directly under these conditions is a separate matter and is unaffected.
17.5 The fourteen-day cancellation right for consumers
A consumer in the United Kingdom ordinarily has fourteen days from entering the contract to cancel it and be refunded, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- Digital content delivered straight away. Ask for supply to start inside the fourteen days, and acknowledge that the cancellation right goes once it does, and the right ends at that moment. The stores present that acknowledgement as part of buying.
- A digital service, meaning a subscription. Cancel inside fourteen days and a refund is due, which may be reduced in proportion to what has already been supplied where you asked for supply to begin during the cancellation window.
- Saying so. A plain email to bookings@venuebooker.co does it, and so does cancelling through the store itself. No particular form of words is needed.
17.6 The Consumer Rights Act 2015
Digital content supplied to a consumer must be of satisfactory quality, fit for its purpose and as it was described. Where it is not, the Consumer Rights Act 2015 entitles you to a repair or a replacement, and to a price reduction where neither is possible or neither happens within a reasonable time. Where digital content we supply damages your device because we failed to exercise reasonable care and skill, you may be entitled to a repair or to compensation. Nothing in these conditions cuts any of that down.
17.7 Terms Apple requires
For the iOS App: this agreement is between you and VenueBooker alone, and Apple is not party to it. Apple carries no obligation to furnish maintenance or support. Should the App fail to conform to a warranty that applies to it, you may tell Apple, and Apple will refund whatever purchase price was paid; beyond that refund, and to the fullest extent the law allows, Apple carries no warranty obligation at all. Apple is not the party responsible for handling any claim relating to the App — product liability, regulatory compliance, consumer protection and third-party intellectual property claims all included. You confirm that you are not located in a country under a United States Government embargo or designated by that Government as supporting terrorism, and that you appear on no United States Government prohibited-party list. Apple and its subsidiaries are third-party beneficiaries of this section 17 and are entitled to enforce it against you.
17.8 Google Play
For the Android App, the Google Play Terms of Service apply to you as well as these conditions. Google is the merchant of record for a Play purchase, its own billing and refund conditions govern that purchase, and it carries no responsibility for the App or for supporting it.
18. Complaints and disputes
When something goes wrong, the first move is to tell us at bookings@venuebooker.co. A complaint is acknowledged within two business days and we work towards a written answer on the substance inside thirty days.
Where that does not settle it, each side will take the matter to a senior representative and meet inside thirty days to try to resolve it, and may weigh up mediation before anybody starts proceedings. None of that stops either side seeking urgent injunctive relief or issuing proceedings whenever it needs to, and none of it cuts across a consumer’s right to go to court.
19. General provisions
Subcontracting. We may subcontract our obligations, including to the sub-processors named in our Privacy Policy, and we stay answerable for how those subcontractors perform.
Assignment. Neither side may assign or transfer this agreement without the other’s written consent, which is not to be withheld unreasonably. Either side may nonetheless assign it to a successor on a merger, a reorganisation or a sale of substantially the whole of its business or assets, on written notice.
Variation. Apart from revisions made under section 1, any variation has to be written down and agreed by both sides.
Whole agreement. The Order Form and these conditions are the entire agreement on their subject matter and displace everything discussed, proposed or represented beforehand. Each side confirms it has not relied on any statement not written into this agreement. Liability for fraudulent misrepresentation is untouched by that.
No partnership. No partnership, joint venture, agency or employment relationship arises out of anything written here, and neither side can commit the other to anything.
Third parties. Apart from the Apple provisions at 17.7, somebody who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of it, and both sides may vary or rescind it without asking any third party.
Notices. Notices to us go to bookings@venuebooker.co, or by post to the registered office. Notices to the Customer go to the administrative contact email held on the account, or to the address on the Order Form. Notice sent by email is treated as arriving at nine o’clock on the following business day, and a posted one two business days after it goes out.
Severability. Where a provision turns out to be invalid or unenforceable, it is cut back or severed to the smallest extent that fixes the problem, and everything else carries on.
Waiver. Failing to enforce a right, or being slow about it, waives nothing, and exercising a right once or in part does not exhaust it.
20. Governing law and jurisdiction
This agreement, and any dispute or claim connected with it or its subject matter — including one that is not contractual — is governed by the law of Northern Ireland, and both sides submit to the exclusive jurisdiction of the courts of Northern Ireland.
A consumer living elsewhere in the United Kingdom may also bring proceedings in the courts of the part of the United Kingdom where they live, and keeps the benefit of whatever mandatory consumer protections the law of that place provides.
21. Contact
- Email: bookings@venuebooker.co
- Company: VENUEBOOKER SOLUTIONS LTD, incorporated in Northern Ireland, number NI737741