KuulSeats Membership (Subscription) Terms and Conditions

For KuulSeats business (B2B) customers – pubs, bars and restaurants using the KuulSeats platform

1. Membership

1.1 Membership Fees, Models and Duration

The current membership fees are available on our website and are subject to change. We offer the following subscription types:

Monthly Paid Subscriptions: Run on a monthly rolling basis with payments taken each month

Annual Paid Subscriptions: Run on an annual rolling basis with payment taken once per year

Free Subscriptions: Available on a rolling basis with no payment required

All memberships run on a rolling basis according to the chosen subscription period.

1.2 Notice Periods for Cancellation

Monthly Paid Subscriptions: Require 30 days' notice for cancellation

Annual Paid Subscriptions: Require 30 days' notice before the annual renewal date for cancellation

Free Subscriptions: Can be cancelled immediately without notice

1.3 Refunds

All membership fees are non-refundable. If you cancel a paid subscription (monthly or annual), you will retain access until the end of your paid period, but no refund will be provided for any unused portion of your subscription.

1.4 VAT

All membership fees are subject to VAT at the prevailing UK rate.

1.5 Promotional Pricing

From time to time, we may offer promotional pricing for new members. Any promotional rates apply only to the initial subscription period stated in the promotion. Upon renewal, the standard membership fee will apply unless otherwise specified.

2. Payment

2.1 Monthly Subscriptions

The first monthly membership payment will be taken on the first day of your paid subscription, with subsequent payments being taken by us on the same date each month. Subscriptions due on the 29th, 30th or 31st of the month will be taken monthly on the 1st using your preferred payment method.

2.2 Annual Subscriptions

The full annual membership payment will be taken on the first day of your annual subscription period, with subsequent annual payments being taken on the same date each year.

2.3 Jurisdiction

All legal disputes related to card processing are handled under the law of England and Wales.

2.4 Failed Payments

If your preferred payment method becomes invalid during your membership period, or if the charge is refused for any other reason outside our control, you authorise us to use any other payment method we have on file in your KuulSeats account.

For Monthly Subscriptions: If all your payment methods on file are declined, you must provide us with a new eligible payment method within 7 calendar days or your access to your account will be suspended. Failure to supply a new valid payment method will result in the membership being cancelled.

For Annual Subscriptions: If payment fails at renewal (following your 30-day notice period before renewal), you must provide us with a new eligible payment method within 7 calendar days or your membership will be cancelled and access suspended.

3. Deposits and No-Show Charges

3.1 What this section covers

We provide functionality that allows you to (a) request a deposit or pre-payment from a customer to secure a booking, and/or (b) securely capture a customer's payment details so that you may charge a fee if the customer does not attend ("no-show") or cancels or amends a booking outside your stated policy (a "No-Show Charge"). Together, these are the "Deposit and No-Show Features".

3.2 Our role

The Deposit and No-Show Features are enabled through our integration with a third-party payment processor (the processor we currently use will be notified to you when you enable these features, and we may change, add to, or replace it from time to time) (the "Payment Provider"). Customers enter their payment details directly and securely into the Payment Provider's own payment widget; those details are not shared with, or visible to, you or us. We are a technology platform only. We do not provide payment services, do not process or hold customer funds, and are not a party to any payment made, or attempted, between you and your customer using the Deposit and No-Show Features.

3.3 Your responsibilities

As between you and us, you are solely responsible for:

setting your own deposit amounts, no-show charges and cancellation policy, and ensuring these are clearly and accurately communicated to customers before a booking is confirmed;

ensuring your policy, and the way you apply it, complies with applicable law (including UK consumer protection and distance selling law) and the Payment Provider's terms;

deciding whether and when to apply a deposit or a no-show Charge to a specific booking;

processing, and where appropriate refunding, any deposit or no-show Charge via the Payment Provider; and

handling all customer queries, complaints, disputes and chargebacks relating to a deposit or no-show Charge in the first instance.

3.4 Relationship with the Payment Provider

To use the Deposit and No-Show Features you must register with, and separately accept the terms of, the Payment Provider. That is a direct contractual relationship between you and the Payment Provider; we are not a party to it and have no liability for the Payment Provider's acts, omissions, errors, delays, security or service availability. We may change, add to, or remove the Payment Provider(s) we integrate with at any time; where reasonably practicable we will give you notice before doing so.

3.5 Fees

We charge a fee for each set of payment details captured through the Website on your behalf, whether or not a subsequent charge is later made. Current fees are published on our pricing page at business.kuulseats.com and may be updated by us from time to time.

Separately, the Payment Provider charges its own transaction fee and percentage on each deposit or no-show Charge that is actually processed. These are the Payment Provider's fees, are payable to (or deducted by) the Payment Provider, and are set out in your agreement with the Payment Provider, not in these Terms.

We are not responsible for, and do not control, the Payment Provider's fees or how they are calculated or charged.

3.6 Liability

To the maximum extent permitted by law, we exclude all liability for any loss arising from the Deposit and No-Show Features, including any failed, delayed, disputed or unauthorised transaction, any act or omission of the Payment Provider, or any dispute between you and a customer regarding a deposit or no-show Charge. Nothing in this clause excludes or limits liability that cannot be excluded or limited under applicable law.

4. Switching Between Subscription Types

You may switch between subscriptions in accordance with the options available on our website at the time. Standard notice periods and payment terms will apply to any subscriptions commenced. We have the right to amend subscription and Membership types.

5. Acceptance of Membership

We reserve the right to accept or refuse your membership application to the extent permitted by applicable law. When you sign up for membership, you are agreeing to these Terms and Conditions in full.

6. Membership Benefits

6.1 Reserve with Google Integration

We may offer eligible members the option to participate in Reserve with Google, which enables customers to find and book your services through Google Business Profile listings.

Availability: Eligibility and availability are determined by us and may be limited to certain membership types.

Optional: Participation in Reserve with Google is optional. You may opt in or opt out at any time through your account settings.

Withdrawal of Service: We reserve the right to discontinue Reserve with Google integration entirely, or to remove individual members from the service, with 5 days' notice. Google also reserves the right to discontinue the service with 5 days' notice.

Suspension: If your KuulSeats membership is suspended or cancelled for any reason, your access to Reserve with Google will be automatically suspended or terminated.

Future Changes: We reserve the right to introduce fees for Reserve with Google in the future. We will provide reasonable notice of any such changes in accordance with our general terms for fee changes.

No Guarantee: We do not guarantee the continued availability of Reserve with Google and are not liable for any losses arising from its modification, suspension or discontinuation by either us or Google.

6.2 Other Benefits

From time to time, we may offer additional benefits or features to members. These will be subject to their own terms and conditions as applicable, and we reserve the right to modify or discontinue any such benefits with reasonable notice.

7. No Transfer or Assignment

You may not transfer or assign your KuulSeats membership or any benefits, including promotional codes for memberships or benefits, except as expressly allowed in these Terms.

8. Termination

8.1 Termination by You

You may terminate your KuulSeats membership at any time by providing the required notice:

Monthly Paid Subscriptions: 30 days' notice required

Annual Paid Subscriptions: 30 days' notice before your renewal date required

Free Subscriptions: Immediate cancellation without notice

Upon cancellation of a paid subscription, you will retain access to your membership until the end of your current paid period, but no refund will be provided.

8.2 Termination by Us

We may terminate your KuulSeats membership immediately by notice if we consider that:

(a) Your use of the Service materially breaches these Terms or any applicable law; or

(b) You fraudulently use or misuse the Service; or

(c) There is repeated negative customer feedback regarding your conduct

In such cases, we will not provide any refund. We will inform you of the termination of your KuulSeats membership and your right to appeal.

We may also terminate your membership with 30 days' notice for any other reason, in which case:

For monthly subscriptions, you will not be charged for any further months beyond the notice period

For annual subscriptions, you will receive a pro-rata refund for any complete unused months remaining after the notice period

9. Governing Law

These Terms and Conditions, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.