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eBookingonline.net Terms and Conditions ("the Conditions")

These terms and conditions comprise the whole agreement between you and us ("Contract"). This Contract explains our obligations to you and your obligations to us in relation to the Service(s) you purchase.

General Provisions

1. eBookingonline.net (EBO) "the Supplier" and

2. "the Client"

Definitions

eBookingOnline.net (EBO) - an organisation providing Online Court Bookings and Club Management Software as Software as a Service (SaaS).

The Service(s) - is defined as the Services that EBO provides to the Client

The Clients - These are the direct customers of EBO, such as Clubs, Gyms and Sports Facilities. It does not include End Users.

End Users - These are defined as individuals or groups of individuals that belong to EBO Clients, also referred to as an Individual.

Third Parties - These are defined as organisations that EBO share information with in order to perform the tasks of data processing.

Introduction

This policy details the Terms & Conditions of use of the eBookingOnline.net (EBO) service. It also details EBO's responsibilities and obligations under the General Data Protection Regulation (GDPR) [Regulation (EU) 2016/679] forming a Data Processing agreement between EBO and its Clients. This is to ensure that EBO are adhering to the data privacy protection requirements set forth in the GDPR. As a processor for personal data EBO process, EBO document all the applicable information under Article 30(2) of the GDPR.

Under the GDPR all EBO Clients are defined as Data Controllers and EBO is defined as a Data Processor. This policy does not define the obligations of the Data Controller [ the Client ] as these will be specific to the data that the Client collects, how the Client uses this data and any Client policies for protecting it.

Should you have any questions or concerns regarding this policy please email dpo@ebookingonline.net. Please note that EBO only respond directly to Clients and not to End Users. Should End Users have any concerns then these should be addressed to the Administrator or the EBO System [ the Client ]

Terms and Conditions

1. Provision of Information

a) You agree with us to:

i. provide certain true, current, complete and accurate information about you as required by the application process; and

ii. maintain and update the information you provide to us upon the date you enter into the Conditions with EBO.

b) We rely on this information to send you important information and notices regarding your account and our Service(s).

c) You must ensure that all information submitted is correct as we may not be able to rectify errors.

d) On an ongoing basis you will maintain accurate contact information in the administration Panel. We shall not accept liability for any loss resulting from inaccurate contact information provide by you.

2. The Service

a) We may need to change the Service(s) as a result of legislative, regulatory or other changes requiring us to do so. We will endeavour to provide you with not less than twenty-one (21) days notice in advance of such alteration taking effect, but shall not guarantee that we can always do so.

b) We may also need to temporarily suspend the Service(s) without notice in order to repair, maintain, replace or improve the Service(s), or in an emergency. If we need to do this, we will try to keep you informed and will try to keep interruptions to a minimum, but we cannot always guarantee to do so.

c) By default the Service(s) includes back up of your data. Backup can be excluded at the Client's request leaving the Client responsible for recovering any data loss.

d) You may terminate the Service(s) at any time on giving not less than one (3) days notice by submitting a ticket to our billing department by logging into the Support Portal located at https://ebookingonline.net/osticket. All cancellations shall be processed on the same business day and any related Service(s) are removed within the same time frame. Refunds will generally not be issued unless EBO believes that there are appropriate grounds for the request. If applicable refunds will only be issued for the previous one (1) month of Service(s) and exclude any one time fees.

3. Duration

a) Your Contract with us is for a minimum period and renews for the length of your billing period. For example if you pay every month then your contract is a rolling one (1) month. If you pay every three (3) months, your contract is a rolling 3 months and so on. Should payment be late by greater than two (2) days we reserve the right to levy a late fee on your account of £5.00 or 10% whichever is higher. Beyond 3 days late we reserve the right to disconnect your service and there will be a reconnection fee of £35.00.

b) Unless otherwise specified the Contract will start when we accept your order for Service(s) and the subscription payment period has been cleared, which we will acknowledge in writing by sending you an email to the email address notified to us in your order and will continue in accordance with the terms applicable to a particular Service(s) and for the subscription period applicable to the Service(s) in question.

c) The Service(s) will lapse unless we receive payment for the extended term of the subscription. We will not be liable in respect of the non-renewal of a Service(s) if, having sent you a notice, we do not receive the applicable payment, or if you fail to notify us of a change of contact details.

d) The Contract (and any subscription for Service(s)) may be terminated early by either Party pursuant to clause 8 of these Conditions.

4. Acceptable Use Policy (AUP) and Your Obligations

a) We shall report, if appropriate, misuse or abuse of the Service(s) by you to any regulatory authority or, in the case of criminal matters, the police.

b) You agree not to use the Service(s), to do any of the following and it is expressly agreed between us and you that if there is any breach of this Clause 4 we may, without further notice to you and without obligation to pay compensation, apply Service(s) credits or refund any monies, suspend restrict or terminate your Service(s) if you:

i. send unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint;

ii. access, or attempt to access resources that you are not authorized to access;

iii. distribute, or make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which you do not have;

iv. do anything that in the opinion of us is likely to bring the Service(s) into disrepute.

c) For the avoidance of doubt, EBO does not monitor, and will have no liability for the contents of, any communications transmitted by virtue of the Service(s).

d) Notwithstanding the aforesaid EBO reserves the right to withdraw the Service(s) without compensation to you in the event of a breach of the Acceptable Use Policy and any such breach shall be treated as a fundamental breach of the Contract.

5. Charges and Payment Methods

a) The Client shall pay the price for the Service(s) as detailed on our current price list available at http://ebookingonline.net/prices.php.

b) Technical support will be provided on a same day basis, usually within 120 minutes, and will be provided by highly technical administrators.

c) All prices quoted to the Client for the provision of Service(s) by EBO are exclusive of any VAT for which the Client may be additionally liable at the applicable rate.

d) The price and all other amounts due as confirmed on the Order Confirmation shall be paid by the Client by the due date and in the currency as specified in EBO's invoice/pro-forma. Payment shall be made in full without any abatement, set off or deduction on any grounds.

e) Payment for all invoices and Service(s) must be received by the due date. Payments are made one month in advance for all Service(s). If you do not make payment on the due date, we will:

i. be entitled to charge you interest on the amount owing (both before and after judgment) on the amount unpaid at the rate of 4% per annum above the base rate from time to time of Barclays Bank plc, such interest accruing on a daily basis from the date that payment falls due until the date that payment is made in full, and/or

ii. suspend the Service(s) until payment is made in full, and/or

iii. terminate the Contract in whole or in part and cease providing the Service(s). If you are persistently late in settling your account (defined as being placed on hold more than 3 times during your Contract with us), we reserve the right in the event of subsequent late payments to put you on hold 24 hours after the first reminder of your account being overdue is sent.

f) Where a payment is made to us via bank transfer of any kind, all bank charges incurred will be your responsibility.

6. Chargebacks & Refunds

a) Requests for a refund under this Clause 6 must come from the email account that we have on file. Should this not be possible then EBO reserves the right to require proof of identity. In the event that such proof is not forthcoming EBO shall be under no obligation to make any refunds.

7. Renewals

a) Renewal notices will be sent to the then current email address specified (in your Admin Panel.) In the event the payment fails, we will notify you via e-mail and it will be your responsibility to make alternative payment arrangements for your Service(s) renewal. We will not be liable in respect of the non-renewal of a Service(s) if, having sent you a notice, we do not receive notice of cancellation and the applicable payment, or if you fail to notify us of a change of contact details.

b) We cannot be held responsible for failed payments or loss / termination of any product or Service(s) as a result of unauthorised payments / invalid, expired or missing credit/debit card details.

8. Termination and Cancellation

a) We reserve the right to terminate your Service(s), and any future business relation with you, for any suitable reason at any time via written notification.

b) Save as otherwise stated in these conditions to the contrary either party may terminate this agreement with immediate effect by written notice to the other party

9. Intellectual Property, Licence and Ownership

All Intellectual Property Rights to the Service(s) to the Client are and shall remain the property of EBO.

Title to the Software (both legal and equitable) is and shall at all times remain with EBO and the Client shall keep the Software free of all charges, liens and encumbrances and protect it from any and all judicial process.

EBO grants to the Client a non-exclusive non-transferable licence to use the Software in conjunction with the Service(s) and except as provided for in these Conditions the Client is not permitted to sub-licence any rights granted under the Conditions to any third party.

10. Indemnity

a) The Client agrees to fully indemnify and keep EBO, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following:

i) the Client's breach of the Contract and or these Conditions or its' negligence or other act, omission or default;

ii) the operation or break down of any equipment or software owned or used by the Client but not the Hardware and or Software;

iii) the Client's use or misuse of the Service(s);

iv) the Client infringing (whether innocently or knowingly) third party rights (including without limit IPRs).

11. Limitation of Liability

This service is provided by the EBO "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. in no event shall EBO be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this service, even if advised of the possibility of such damage.

If you wish to use the option of sponsorship it is the responsibility of the Client to manage the relationship with the sponsor and agree terms such as payment and length. EBO will not deal directly with any sponsors nor does it have any interest in this relationship and provides no warranties. EBO reserve the right to remove any offensive, illegal or unsuitable advertising for a sporting system at its discretion without notice. In such cases EBO will not be responsible for any loss.

12. Variation

We may, from time to time change any part of these Conditions and will post such changes to our website (www.ebookingonline.net).

Data Protection under the GDPR

1. Lawful Basis for processing

In order for EBO to be able to fulfil its obligations to individual Clients it needs to process personal information. At a minimum the following personal information is required to make a booking using the EBO service:

  • First and Last name
  • Membership Number
  • Personal Identification Number (PIN)

Optional information is required if Client's or End Users wish to take advantage of more features offered by EBO. This may include:

  • Email address
  • Membership renewal date
  • Financial Transactions made between the Client and the End User
  • Type of membership
  • Contact details such as phone numbers, address and email.
  • Specific custom data as defined and controlled by the Client

2. Individual Rights

The individual rights of personal data are largely controlled by the controller [the Client].

Should an End User require that all data be erased "Right to erasure" then they will no longer be able to use the booking system. In such cases provision should be provided for End Users where possible outside of this contract.

EBO have a policy that retains backup data for a period of 3 months. This data is not processed and does not form part of the Individual Rights under the GDPR.

Requests for the removal of backup data can be made in writing from the Client to the DPO at dpo@ebookingonline.net. This will involve the complete removal of the database backups from the archive. It is not possible for individual records within the backup to be removed. In such circumstances EBO will no longer be held responsible for the backup and recovery of any Client Data.

3. Right of Data Portability

All data held within the Client Database is accessible from the Administration Panel. All data can be exported in common formats as and when required either for individual End Users or on a system wide basis.

4. Accountability & Governance

The information that is processed and stored by EBO is subject to a number of strict policies to protect all data by design and default.

5. Sharing of Data

EBO does not share any information with any other unauthorised party. This includes individual's (End Users) information and Client information. The only exception to this principle is if instructed to do so by Law.

All processing of data is under the instruction of the Client only. This is limited to the designated Administrator of the system and not to sub-administrators. Requests from End Users should be made through the designated Client Administrator.

EBO may share End User information under instruction from the Client with Third Parties in order to perform processing. This may include exchanging information with Clients Third Party providers such as online merchant accounts or email providers. E.g. PayPal, Mail Chimp.

6. How we handle and protect data

A Client's data is stored in an individual database that is not shared with other Clients. Client information may be stored in a shared database for the sole use of EBO administration, i.e. contact information, payment collection and global account settings. Sensitive information such as passwords are stored in the database as a secure one way hash, this prevents the ability for anyone to obtain the original sensitive information.

All data access is protected by individual firewalls allowing only the minimum amount of information from public networks, such as the Internet, to the application. Further security policies are installed to protect unauthorised access and automatically restrict access through dynamic security policy updates.

Servers are regularly updated with the latest patches and monitored for breaches. Should any breach occur then the Controller (Clients) will be notified at the earliest opportunity and within 72 hours of EBO becoming aware of the breach, where feasible.

All sensitive data transmitted over public networks, such as the Internet, is encrypted with Transport Layer Security (TLS) version 1.2.

Databases are replicated to all EBO Servers in real-time for the purpose or providing high availability. Database backups are taken daily and stored on a separate secure server. All replication and backups are encrypted with TLS 1.2.

Access to any data is only permitted to EBO staff that require access to perform processing or support functions. Each individual with access to data has been trained on confidentiality and is aware of their duty of confidence.

7. Sub-Contractors

EBO use sub-contractors for supplying hardware platforms and Internet Access. The minimum requirements for which are:

  • Located within the UK&I
  • Data Centers must have secure access with 24x7 support
  • Diverse Internet connections to Tier 1 providers
  • Provide non-shared servers (the use of Virtual Private Servers is permitted)
  • Resilient Power Systems with UPS
  • Do not back up server data

A list of the current sub-contractors used by EBO is available in writing by contacting the DPO at dpo@ebookingonline.net.

Should a new sub-contractor be considered then all Clients will be notified in advance, allowing a reasonable time to object.

8. Termination of Contract

Upon termination of the contract with EBO clients' data is retained online for 3 months. Client data can be returned or deleted immediately by requesting this in writing to the DPO at dpo@ebookingonline.net.

9. Access and restriction to individual's data

Access to personal data can be obtained through:

  • Individual's account
  • Administration Panel
  • Remote DB access

An individual End User can access some but not all of the information that may be held within the system. This is dependent on what information the Client collects. This is also dependant on system settings maintained by the Client that permit or restrict information that is available to the End User.

Full information held on an End User can be accessed using the Administration Panel by the Client. This information can then be exported and presented to individuals on request to the Client. Access to the Administration Panel can also be controlled so that only system administrators that require access to individual's data are allowed.

Remote Database access is controlled by the use of username / passwords and network address (IP address) through server firewalls. Remote Database access is not enabled as standard, it is requested through the Administration Panel by the Client.

10. Controller Audits

Should the controller (Client) require further information or request an audit to ensure that EBO is meeting its obligations under Article 28 of the GDPR then requests should be made in writing to the DPO at dpo@ebookingonline.net.