Terms of Use
Last updated: August 2024
Your use of this website is governed by these terms of use. This is a private, password-protected website for the exclusive use of authorised users and is not to be accessed by any unauthorised personnel.
If you continue to browse and use this website or register for an account, you are agreeing to comply with and be bound by the following terms of use, which together with our privacy policy govern Design My Setlist’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. Wherever possible we will give a two-week notice period of any changes to our legal documents (Terms of Use and Privacy Policy) and will communication those changes with the user by displaying an in-app banner.
The term 'Design My Setlist' or 'us' or 'we' refers to the owner of the website Band Pencil Ltd a registered company in England and Wales, registration number: 15732150. The term 'you' refers to the user or viewer of our website (further definitions are included in our Privacy Policy).
Normal Business Hours refers to Monday to Friday 09:00 - 17:00 (London, UK).
The use of this website is subject to the following terms of use:
- You ensure all users associated with your account read and understand the Terms of Use.
- You must be over the age of 18 to create an account with us and members must be over the age of 16 to use our software.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Design My Setlist is provided "as is", "as available" and "with all faults" and we are not responsible for any damages that may result from its use, including loss of data or income.
- We do not warrant that your use of Design My Setlist will be uninterrupted or error-free; that Design My Setlist will meet your requirements; or the Design My Setlist will be compatible with your Device or any telecommunication links. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Design My Setlist and third party services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- You are permitted to use shared or generic mailboxes, such as admin, support, or teamx, however, you are strictly prohibited from sharing your personal login credentials with anyone else as only one user may use one login credential. The system is designed to prevent login credential sharing, and any attempt to do so will be flagged and may result in account suspension or termination of your account.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. You must not use shared accounts or disclose your password to anyone.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- We may process your personal data outside of the European Union and of your country. By using our services, you consent to the transfer of your personal data to countries outside of your country and the European Union.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Service Levels
Although Design My Setlist does not offer a service level agreement, subject to circumstances outside of Design My Setlist's reasonable control, Design My Setlist aims to keep the website operational:
- For a minimum of 97% of the time during Normal Business Hours
- 94% of the time overall
We shall use reasonable endeavours to publish the times of planned system outages. So far as is reasonably practical, we shall aim to keep any planned system outages outside of Normal Business Hours and shall aim to keep such outages under six hours’ continuous duration on each occasion.
Refund & Payment Policy
If you're not satisfied with our software, contact us within the first 14 days and we will send you a full refund.
Refunds will not be made if you are given a discount code and do not apply it before you purchase a subscription or it renews.
Design My Setlist has the right to change your subscription plan and cost with one pay period notice.
You will automatically be billed monthly or annually for subscriptions made via credit/debit cards. You are free to cancel the subscription at any time - logon to Design My Setlist and cancel in Settings - Billing – Stripe Customer Portal. Refunds will not be issued if you are no longer using Design My Setlist and fail to cancel your subscription.