Terms & Conditions

 

  1. About These Terms
    1. These terms of use set out the rules for the use of the Spontza Ltd platform. Use of our Platform is to enable Football Clubs that requiring investment in to Sponsorship Advertising opportunities (“Football Clubs”) to publicise those requirements on our platform to Businesses who can make a purchase of a Sponsorship on the Platform (“Partners”).
    2. Our role is only to make the Platform available for your use and we are not party to any contract between Customers and Suppliers. We are not responsible for the performance of any Sponsorship Advertising arrangement or other service arrangements entered into between the parties using our Platform.
    3. By using our Platform, you confirm that you accept these terms of use and that you agree to comply with them.

Section 1: General Terms of Platform Use

  1. Information About Us
    1. The Platform is owned by Spontza Ltd (“We”, “our”, “Spontza”). Spontza Ltd is registered in England and Wales under company number 12475092 and has its registered office at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H. Our VAT number is 343 9155 92.
  2. Changes To These Terms
    1. We may revise these terms of use at any time by amending this page. Display of the modified terms of use shall be deemed notice to you. It is your responsibility to check this page from time to time to take notice of any changes we have made, as they are binding on you.
  3. Access
    1. We reserve the right to suspend, withdraw or amend the services we provide on our Platform without notice.
    2. From time to time, we may restrict access to some parts of our Platform, or our entire Platform, to users who have an account registered with us. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
    3. You are responsible for making all arrangements necessary for you to have access to our Platform. The Platform is intended for use only by those who can access it from within the UK. If you choose to access the Platform from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
    4. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  4. Availability
    1. We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted.
    2. You are solely responsible for evaluating the suitability of any downloads, text or programmes available through this Platform.
  5. Data Protection
    1. Any information that we collect about you in respect of your use of our Platform and any services we provide via our Platform will be processed in accordance with our Privacy Policy which is located at https://www.spontza.co.uk/privacy-policy. By using our Platform, you acknowledge that you have read and accept our Privacy Policy and you warrant that all data provided by you is accurate.
    2. Like most interactive websites, our Platform uses cookies to ease the retrieval of user details for each visit. Cookies are used in some areas of our Platform to enable the functionality of this area and ease of use for those people visiting. Please view our Cookie Policy at https://www.spontza.co.uk/cookie-policyfor more information.
  6. Intellectual Property Rights
    1. We are the owner or the licensee of all intellectual property rights in our Platform, and in the material, we publish on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Redistribution or republication of any part of this Platform is prohibited, without our written consent.
    2. Nothing in these terms grants you any legal rights in the Platform other than as necessary to enable you to access the Platform. You agree not to adjust, to try to circumvent or delete any notices contained on the Platform (including any intellectual property notices).
  7. Content On Our Website
    1. Whenever you make use of a feature that allows you to upload content to our Platform, or to contact other users of our Platform, you must use our site only for lawful purposes. You may not use our Platform:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree not to access without authority, interfere with, damage or disrupt:
      1. any part of our Platform;
      2. any equipment or network on which our Platform is stored;
      3. any software used in the provision of our Platform; or
      4. any equipment or network or software owned or used by any third party.
    3. Any content you upload to our Platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
    4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
    5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Platform. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.
  8. Disclaimer, Exclusions and Limitations
    1. We shall not be responsible to you for any communication sent by email which is either received late or not received at all. This includes but is not limited to Sponsorship confirmation, approval emails, sponsorship cancellation emails, content change emails, general business emails.
    2. Given the nature of our role in the relationship between the Football Club and the Partner (as further described at Clause 13 below), we accept no liability in connection with a breach of these terms of use by any Football Club or Partner. In accordance with Clause 13, the transactions made between Partner and Football Clubs using the Platform are made at their own respective risk and responsibility.
    3. To the extent permitted by law we hereby expressly exclude:
      1. All conditions, warranties and other terms which might otherwise by implied by statute;
      2. Any liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, incurred by any user in connection with our Platform or in connection with the use, inability to use, use of or reliance on any content displayed on the Platform or results of the use of our Platform, any Platforms linked to it and any materials posted on it; and
      3. Any liability for:
        1. loss of income or revenue;
        2. loss of business;
        3. loss of profits or contracts;
        4. loss of anticipated savings;
        5. loss of use or corruption of software, data or information;
        6. business interruption;
        7. loss of goodwill;
        8. wasted management or office time; and
        9. any indirect or consequential loss or damage.
      4. Our liability to you shall be limited as follows:
        1. If you are a Football Club, our liability in respect of any Sponsorship listing shall be limited to the commission fee received in respect of such Sponsorship transaction.
      5. The exclusions and limitations under clauses 9.2, 9.3 and 9.4 do not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
      6. You agree to indemnify us against all liabilities, losses, expenses, costs or other damage suffered or incurred by us (including in respect of any third-party claims against us) as a consequence of your breach of these terms.
    4. Links to and from Third Party Sites
      1. We do not monitor or review the content of other party’s websites which are linked to or from this Platform. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.
      2. Please be aware that we are not responsible for the privacy practices, or content, of these websites. We encourage our users to be aware when they leave our website and to read the privacy statements of these websites.

Section 2: Terms Applicable to Account Holders

Where you open a Football Club or a Partner account, the terms of this section form the basis of the agreement that you enter into with us and Partners or with us and Football Clubs

  1. Account Registration
    1. Only those in a position to form legally binding contracts under English law may register for an account. Registration to list sponsorship advertising opportunities is not open to businesses outside of the Football sector, or individuals. If you are an individual registering an account on behalf of a Football Club, you represent that you have the authority to bind the business to these terms.
    2. Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password. You must not disclose your username or password to any third party.
  2. Sponsorship Advertising Opportunities
    1. Spontza Ltd do not guarantee access to all sponsorships advertising opportunities listed on our platform, nor access for Partners to all Football Clubs sponsorships.
    2. Spontza Ltd will vet and approve all new sponsorship advertising purchases made by a new Partner. Once approved, all Partner information will be emailed to the Football Club.
    3. Without prejudice to clause 14.1.2 below, in respect of each sponsorship, unless the partner notifies Spontza Ltd within 7 calendar days from the purchase day, then Spontza Ltd shall deem such Sponsorship agreement to be completed. Accordingly, once 7 days has passed following a sponsorship purchase, in the absence of any notification to the contrary from the Football Club or the Partner, Spontza Ltd will mark the sponsorship as agreed, the transaction will then be processed by Spontza Ltd in accordance with these terms.
  3. Our Role
    1. The purpose of our Platform is to facilitate the sponsorship investment between Football Clubs and Partners (which can be any business trading in England & Wales), by providing a platform in the form of a market place where they can be introduced and communicate. Football Clubs can contract with Partners to conclude transactions which have been facilitated via the Platform. Unless otherwise agreed by us in writing, we are in no way involved in such transactions.
    2. We hold no control over the quality or legal aspects of the transactions that are made through the Platform. It is the responsibility of both the Football Club and Partner to agree to the details within the transaction.
    3. We are not obliged to assist in any disputes between any Football Club and Partners. We may, however, at our sole discretion take action (including for breach of contract) against any Football Club or Partner that fails to comply with these terms.
  4. Partners – Your Role & Responsibilities
    1. A Partner investing into a sponsorship agreement agrees and undertakes that:
      1. it enters into these terms in the course of its business, ensuring its full capacity to meet and carry out its obligations under these terms;
      2. it understands and agrees to its responsibilities under the applicable laws concerning the protection of personal information, including the Data Protection Act 2018, the General Data Protection Regulations ((EU) 2016/679) (GDPR), the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and any amendments or updates to the same (the “Data Protection Laws”);
      3. It shall provide all information and documents required as part of its investment into a Sponsorship with a Football Club. It will ensure that all information and documentation is complete and accurate and it will inform Spontza Ltd of any changes to such information in writing immediately;
      4. it shall not rely on any automated emails sent, including but not limited to, sponsorship purchase confirmation and sponsorship cancellation emails, but shall use them in conjunction with information in its account;
      5. it shall inform Spontza Ltd of any information which may bring the brand of a Football Club’s name into disrepute by entering into an agreement.
      6. it shall use its best endeavours to support and assist Spontza in any claim it brings against a Football Club in connection with a sponsorship investment, including providing all requested information and documents;
      7. It shall agree to and carry out it is obligations to pay the full investment cost, if so by agreeing with Spontza Ltd and a Football Club to pay in a series of instalments at point of purchase.
    2. Football Clubs – Your Role
      1. A Football Club registering for an account agrees and undertakes to both Spontza Ltd and any Partner that:
        1. all information and documents provided as part of its registration as a Football Club with Spontza Ltd is complete and accurate and it will inform Spontza Ltd of any changes to such information in writing immediately;
        2. it has full capacity to meet and carry out its obligations under these terms;
        3. it understands and agrees to its responsibilities under the Data Protection Laws;
        4. all information it provides when listing and in connection with the sponsorship, including within any change or amend requests, is complete and accurate;
        5. it shall not duplicate Sponsorships.
        6. It shall inform Spontza Ltd of any Sponsorship that requires a quote, which will be reviewed and approved based on an agreement between a Football Club and Spontza Ltd.
        7. It shall not have a misalignment in sponsorship inventory and pricing displayed on its website and/or on any other channel, including print-based pricing. Prices advertised on Spontza Ltd marketplace will reflect the prices promoted elsewhere, unless agreed otherwise between both the Football Club and Spontza Ltd.
        8. It shall agree to Spontza Ltd commission fee terms and will honour this agreement. Terms will be agreed in writing and by advertising on our site, you are agreeing to our terms.  if Spontza Ltd identify that a transaction has been complete outside of our marketplace but is as a direct result of our marketplace influence, we reserve the right to request the pre agreed commission fee.
        9. If payment is received directly from a Partner to the Football Club, you agree to pay Spontza Ltd’s commission fee, with 7-day payment terms applied from date of transaction between the Football Club and Partner.
        10. It shall inform Spontza Ltd of any renewal negotiations with any Partner that is a Client of Spontza Ltd.
        11. if Spontza Ltd identify that a renewal transaction has been complete without Spontza Ltd involvement, then we reserve the right to request a commission fee to be paid, based on the terms on the original agreement between the Partner and the Football Club
        12. it will endeavour to make Spontza Ltd aware immediately of any sponsorship opportunity that is no longer available/change requests for a sponsorship, bearing in mind the Spontza office hours are Monday – Friday 9am – 5pm (excluding Bank Holidays);
        13. it will regularly check its account activity by logging into its Spontza Ltd account;
        14. it shall deal directly with the Partner in relation to any disagreement on representation of a Partners brand, and design changes any communication and any information that is promoted within the public domain.
        15. it shall use its best endeavours to support and assist Spontza Ltd in any claim it brings against a Partner in connection with an investment into a Sponsorship, including providing all requested information and documents;
        16. it understands and accepts that Spontza Ltd is not liable for any issues arising during the tenure of a sponsorship agreement.
  5. Payment
    1. Each partner will make payment via credit/debit card, Paypal through our marketplace or can request to be invoiced directly by a Football Club to make necessary arrangements to make payment. Where applicable and when pre agreed with a Football Club, payment terms can be agreed in instalments. Payments shall be made by direct debit by the due date specified on such invoices.
    2. Spontza Ltd will specify whether VAT will be calculated in the listing on our marketplace. For any agreement which includes VAT, all fees are subject to VAT at the prevailing rate.
    3. Instalment terms will be agreed between the Football Club, Spontza Ltd and the Partner.
    4. We reserve the right to change the payment details at our absolute discretion.
  6. Cancellations
    1. Accounts. A Football Club may terminate its partnership with Spontza Ltd at any time by giving 30 days’ notice in writing to Spontza Ltd. If at the time of giving notice to terminate the Football Club has any pending transactions on its account, notice to terminate shall take effect no earlier than the date that all transactions have been completed.
    2. Payment Instalments. If a Football Club makes a request to terminate its agreement with outstanding % commission fee’s to be paid to Spontza Ltd, then the Football Club will be required to pay all outstanding % commission fee’s set out in the original terms in full.
  7. Confidentiality
    1. During the course of your partnership with Spontza Ltd we may disclose to you, or you may otherwise learn of or discover information relating to our business, affairs, processes, customers, clients or suppliers. You hereby agree that any and all of this information is confidential and shall be our sole and exclusive property. Any disclosure of our information to a third party is strictly prohibited. You shall not use our confidential information for any purpose other than to exercise your rights and perform your obligations under or in connection with your account.
  8. Personal Data
    1. The Customer is required to upload to our Platform certain personal data. It is acknowledged and agreed that the Customer is the “Controller” of the personal data and Spontza Ltd is the Customer’s “Processor” (as those terms are defined by the Data Protection Laws).
    2. The processing of personal data to be undertaken by Spontza Ltd (as referred to in clause 19.1) shall be as set out in the sub-clauses below:
      1. SCOPE AND PURPOSE OF PROCESSING: the processing of personal data belonging to the Customer, which is uploaded by the Customer to our Platform in connection with a sponsorship listing;
      2. NATURE OF PROCESSING: means collection of the data; transfer of limited personal data (i.e. company branding) to and from Football Clubs and Partners for the purposes of them completing a transaction; transfer of the full personal data (i.e. the name, email address, full address, in addition to company information, i.e Vat Number, Company Number and information held within the public domain); storage; and erasure or destruction of the personal data in accordance with the Data Processing Terms;
      3. TYPES OF PERSONAL DATA: means the name, email address, postcode, full address; and
      4. CATEGORIES OF DATA SUBJECT: means the Partners personnel and/or the Football Club (who may or may not be a consumer).
    3. The Customer shall be responsible for ensuring that it fully complies with is obligations as Controller under the Data Protection Laws. Without limitation, this means that the Customer will ensure that it provides all necessary privacy information to the Data Subjects and has a proper legal basis to enable the lawful transfer of the personal data to Spontza Ltd, and the lawful processing of the personal data by Spontza Ltd, for the duration and purposes of these terms.
    4. In respect of each Sponsorship listing, Spontza Ltd shall make available to the Football Club, the Partners details which is captured to complete a transaction. In respect of such personal data, the Customer acknowledges and agrees that the Parner shall act as Spontza Ltd’s sub-processors. Without prejudice to the generality of clause 14.1.2 above, each of the Partners shall, in relation to its processing of such personal data:
      1. process that personal data only for the purpose of Sponsorship investment unless the Partner is required to process such personal data otherwise by Applicable Laws. Where the Partner is relying on Applicable Laws as the basis for processing personal data, the Partner shall promptly notify Spontza Ltd of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Partner from so notifying Spontza Ltd. “Applicable Laws” means (for so long as and to the extent that they apply to the Supplier) the laws of the European Union, the laws of any member state of the European Union and/or Domestic UK Law; and “Domestic UK Law” means the Data Protection Laws and any other law that applies in the UK;
      2. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
      3. ensure that all its personnel (including, without limitation, employees) who have access to and/or process the personal data are legally obliged to keep the personal data confidential;
      4. not transfer any of the personal data outside of the European Economic Area unless the prior written consent of Spontza Ltd has been obtained and the following conditions are fulfilled:
        1. the Partner or Spontza Ltd has provided appropriate safeguards in relation to the transfer;
        2. the Data Subject has enforceable rights and effective legal remedies;
        3. the Partner complies with its obligations under the Data Protection Laws by providing an adequate level of protection to any personal data that is transferred; and
        4. the Partner complies with any other reasonable requests by Spontza Ltd in respect of the transfer;
      5. assist Sponta Ltd or the Customer in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
      6. notify Spontza Ltd without undue delay, and in any case within 48 hours, on becoming aware of any personal data breach or other security incident affecting or relating to the personal data;
      7. promptly delete all copies that they have made of the personal data on being notified that they have been unsuccessful in the relevant bid, or at the written direction of Spontza Ltd at any other time, unless required by Applicable Law to store the personal data; and
      8. maintain complete and accurate records and information to demonstrate its compliance with this clause 19.4 and relevant provisions of the Data Protection Laws and allow for audits by Spontza Ltd or Spontza Ltd’s designated auditor in respect of the same.
    5. Where the Football Club contracts with the Partners in respect of a Sponsorship investment (facilitated via our Platform), the Customer agrees that Sponzta Ltd can transfer the full personal data (i.e. name, email address, full address for completion of the Sponsorship investment) to the Football Club. It is the responsibility of the Football Club and Partner to ensure that they enter into appropriate data processing clauses to cover the processing of this personal data by the Partner on the Football Club’s behalf (where the Football Club is the Controller and the Partner is the Processor). Spontza Ltd accepts no responsibility for the processing of this personal data by the Partner once the personal data has been transferred from Spontza Ltd to the Partner in accordance with this clause.
  9. Termination or Suspension of Account
    1. We reserve the right to reject, terminate or suspend your account, or otherwise restrict your access to our Platform at any time for any reason and without notice to you.
    2. If your account is rejected, terminated or suspended, or otherwise restricted you may appeal our decision by submitting a written statement stating the reasons why your account should be approved or reinstated. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. We are not obligated to give you any reasoning as to our decision, which shall be final.
  10. Applicable Law
    1. These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and subject to the exclusive jurisdiction of the English courts.
  11. Other Important Terms
    1. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
    2. These terms (and any document referred to by them) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    3. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
    4. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.