Terms & conditions

Note: SwimClub Manager is owned and run by BPS Designs Limited.

The terms and conditions laid out below in this document form the contract for your use of the SwimClub service. By checking the ‘Agree To Terms’ form field displayed on the register page you entered into an agreement governed by these terms and conditions. If you enter this agreement on the behalf of a company or other similar body you warrant that you have the authority to enter that company or body into this agreement.

Last updated 17th January 2026.

General Terms & Conditions

1. BPS Designs grants you a non-exclusive, non-transferable licence to use the SwimClub application via a web browser on one or more computers for the process of carrying out your swimming club management for the period in which you continue to meet the subscription fee.

2. You may not resell or otherwise re-distribute the service for any reason whatsoever.

3. You may use the service only for the purpose of carrying out your own, legitimate business.

4. You may not use the service for the distribution of spam or unsolicited bulk emails (which includes marketing emails), or the distribution of unlawful materials, whatsoever their nature. All emails sent from your account are monitored and recorded. Any user found to be using the service for the distribution of spam or unsolicited bulk emails, or the distribution of unlawful materials, whatsoever their nature, will be banned.

5. Responsibility for all activity on your account rests with yourself or your company or body. You must immediately notify us if you believe that your password has been compromised in any way. Should you suspect that unauthorised access to your account has taken place you will notify us immediately. We will not be liable for any changes, deletions or additions made to customer data where an account has been compromised.

6. You may terminate this agreement with 30 days written notice to us. You may not claim any money back if you cancel in the middle of a payment period.

7. If you terminate this agreement and you are on payment option 1 (full website and SwimClub access), you are not entitled to take your website elsewhere. You may have a copy of the site design (if not using one of the default templates), but the underlying code that the website runs on belongs to BPS Designs Ltd.

8. All charges and fees for the service shall be met in a timely manner. Payments will be collected on a monthly or yearly basis.

9. Failure to make payment for the service within 14 days (monthly invoices) or 30 days (6 monthly and yearly invoices) of the invoice date will be considered a breach of contract and BPS Designs will cease access to the delinquent account. Access will be restored on receipt of full payment of the arrears plus interest at the rate of 1% per calendar month.

10. Should subscriptions fall into arrears BPS Designs reserves the right to charge a re-connection fee.

11. Where a subscription has fallen into arrears for a period of at least ninety days, BPS Designs reserves the right to permanently delete all data from your account.

12. Access to the SwimClub system may occasionally be slowed, interrupted or delayed due to the limitations of the internet and electronic communications. We will have no liability for losses caused by such delays and/or failures where they remain out of our control.

13. In any event the maximum liability of BPS Designs to the customer will remain at the equivalent or one year’s subscription.

14. At times it may be necessary to vary the service from the published specifications; BPS Designs will notify you of such changes by email at the earliest possible opportunity.

15. SwimClub Manager uses cookies to identify logged in members as they move around the system. By accepting these terms and conditions you are also giving us permission to write and read cookies on your device (computer/smartphone etc). The cookies stored on your device expire when you logout or close your browser. The only personal information stored in these cookies is your name and email address.

16. BPS Designs makes no warranty as to the reliability or suitability of the service offered. It is incumbent on you to test the service during the trial period offered to establish whether it meets expectations.

Email Services

1. Provision of Email Services: SwimClub Manager provides email services, allowing clubs to manage email accounts on their own domains. These services are intended solely for legitimate communications related to club activities, member management, and other lawful purposes consistent with the operation of swimming clubs. Access to and use of these email services is subject to these Terms and Conditions, as well as any applicable service level agreements.
2. Built-in Security Features: Our email system includes robust built-in protections, such as advanced spam detection powered by Rspamd and virus scanning powered by ClamAV. These tools automatically scan outgoing and incoming emails for spam, phishing attempts, malicious content, and viruses to help maintain a secure and reliable email environment for all users.
3. Prohibition on Spam and Unsolicited Communications: We maintain a zero-tolerance policy towards spam, unsolicited bulk emails, or any form of abusive or malicious electronic communications. You must not use our email services to send, facilitate, or promote spam, phishing attempts, malware distribution, or any content that violates UK anti-spam laws, including but not limited to the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) and the Data Protection Act 2018. This includes ensuring that all recipients have provided explicit consent where required by law, and providing clear opt-out mechanisms in marketing communications.
4. Logging and Monitoring: To ensure compliance with these Terms, prevent abuse, and maintain system integrity, all emails sent through our system are logged. These logs record the sending email address, recipient address(es), and email subject (along with relevant timestamps and delivery status information). Logs do not include the full email body or attachments. We regularly review these logs and may audit them as needed. Logs are retained in accordance with UK data protection laws, including the UK General Data Protection Regulation (UK GDPR), and will only be accessed or disclosed as necessary for legal compliance, security purposes, or to investigate potential violations. You acknowledge and consent to this limited logging and monitoring as a condition of using the email services.
5. Compliance with UK Laws: All use of our email services must comply with applicable UK laws and regulations, including data protection, privacy, and electronic communications laws. We reserve the right to suspend or terminate access to email services immediately and without notice if we suspect or detect any breach of these Terms or relevant laws (including evidence of spam or malicious activity detected by our built-in security tools). In such cases, we may also report the activity to appropriate authorities.
6. User Responsibilities: You are responsible for the content of all emails sent from your accounts, ensuring they are accurate, lawful, and do not infringe on third-party rights. You must promptly report any suspected unauthorised access or abuse of your email accounts to us. We are not liable for any loss or damage arising from your use of the email services, including data breaches caused by your negligence.

By using our email services, you agree to abide by these provisions. We may update this section from time to time to reflect changes in our services, security features, or legal requirements, and continued use constitutes acceptance of such updates.