Monthly Club — Business Terms (Merchant Agreement)

11. Introduction & Definitions

1.1 About these Terms. These Terms govern your use of the Monthly Club Platform (the "Platform") and related services we provide to Businesses, including dashboards, checkout, integrations, page builder, Balance Builder, subscription management, and analytics.

1.2 Our details. Monthly Club Ltd, registered address: 96 Spencer Way, United Kingdom. Contact: support@monthlyclubhq.com.

1.3 Interpretation. Headings are for convenience only. "Including" and similar words are non-exhaustive. References to statutes include modifications and re-enactments.

22. Eligibility & Onboarding

2.1 Eligibility. You must be at least 18 and have legal capacity to enter into these Terms. If registering on behalf of an organisation, you confirm you are authorised to bind that organisation.

2.2 Onboarding & verification. To accept payments you must complete Stripe onboarding and supply any identity, business, or compliance information requested by us or Stripe. You authorise us to create and manage a Stripe connected account on your behalf (and to exchange information with Stripe for onboarding and ongoing compliance).

2.3 KYC & ongoing checks. You must promptly provide any information requested by us or Stripe (including beneficial ownership, address, ID documents, business model descriptions, and bank details). Failure to comply may result in restricted functionality, delayed payouts, or account suspension.

2.4 Account security. You are responsible for keeping account credentials secure. Notify us immediately of any suspected unauthorised access. You remain liable for all actions taken through your account unless attributable to our negligence.

33. Platform Role & Business Responsibilities

3.1 Independent seller. You are the merchant supplying Products to Subscribers. Monthly Club provides technology and payment orchestration; we are not the seller, merchant of record, or supplier of any Product.

3.2 Business obligations. You must:

• Accurately describe Products and pricing.
• Comply with applicable laws (consumer protection, distance selling, taxation, advertising, health/safety, product safety, data protection, and any sector-specific regulation).
• Maintain required licences, registrations or approvals (including for financial services or healthcare when applicable).
• Provide timely fulfilment, support, and after-sales service.
• Maintain records sufficient to demonstrate legal compliance and handle disputes.

3.3 Stripe & payments. All payments are processed via Stripe. You must accept and comply with the Stripe Agreements. You acknowledge and accept that Stripe controls payout timing, reserves, and holds, and that we do not control, guarantee, or hold customer funds.

3.4 Taxes. You are solely responsible for determining, collecting, reporting and remitting applicable taxes (VAT, sales tax, GST, etc.). We may provide settings to assist tax collection but we do not give tax advice.

44. Product Types: Rules & Responsibilities

4.1 General. When listing any Product you must provide clear pre-contract information (description, price, billing cycle, delivery times, refund/cancellation rights, and any material restrictions). Your listings must not be misleading.

4.2 Recurring Subscriptions.

• Obtain clear consent to recurring off-session charges and record consent.
• Provide an easy method for Subscribers to cancel recurring payments and clearly state effective dates and notice periods.
• Notify Subscribers of any price changes in advance; obtain renewed consent if legally required.
• Comply with SCA, PSD2, and any authentication requirements when Stripe or law requires re-authorisation.

4.3 Pay-It-Off Plans (Instalments).

• Pay-It-Off Plans are your offering. If you provide goods/services now and accept payments over time, you may be acting as a creditor under consumer credit laws. You are solely responsible for ensuring compliance with any consumer-credit, lending, or debt collection laws, including any requirement for authorisation, disclosures, affordability assessments, cooling-off rights, or licence.
• If any instalment arrangement requires a regulated lender, you must either obtain the necessary permissions or partner with a regulated entity and clearly disclose that relationship to Subscribers.
• You must disclose total amount payable, instalment schedule, consequences of missed payments, and disputes/refunds handling.

4.4 Balance Builder.

• Balance Builder payments are processed to your connected Stripe account under Stripe's payout timings. Monthly Club does not hold or custody Balance Builder funds.
• Credits are redeemable only with the issuing Business, are non-transferable, have no cash value, and may not be sold. Businesses must clearly disclose any expiry or refund rules. If you do not publish rules, the default is: credits do not expire and are non-refundable except where required by law.
• Businesses are responsible for honouring credits, record keeping, and any applicable accounting/tax treatment.

4.5 One-Time Purchases. Provide accurate product descriptions, clear pricing, delivery/fulfilment times, and refund/cancellation practices compliant with consumer law.

55. Acceptable Use & Prohibited Activities

5.1 Prohibited uses. You must not use the Platform to list or promote products or services that are illegal or restricted under Stripe or our acceptable use policies. Examples include illicit drugs, unlicensed gambling, weapons, certain adult services, unlicensed financial services, and counterfeit goods.

5.2 Content & conduct. Do not upload, post, or distribute sexually explicit content or services, including pornography, sexual acts, escorting, or other sexual services prohibited under Stripe's terms. Do not upload or distribute unlawful, infringing, violent, harassing, or hateful content. Do not engage in harassment or abusive behaviour towards users or staff.

5.3 Security & PCI. Do not collect, store, or process cardholder data outside Stripe's approved flows. Use our official checkout and payment integrations. Do not attempt to bypass SCA or cardholder authentication.

5.4 Enforcement. We (and Stripe) may monitor compliance and take action — including removing content, suspending features, or terminating accounts — where we reasonably believe you have violated these Terms or present risk.

66. Fees, Payments, Refunds & Chargebacks

6.1 Processing & Fees. All transactions are processed via Stripe. Platform Fees (as displayed at the time of transaction) and Stripe's processing fees will be deducted automatically.

6.2 Payouts. Stripe issues payouts to your nominated bank account according to Stripe's schedules and policies. We do not control payout timing and are not responsible for Stripe's holds, reserves, or delays.

6.3 Refunds. You must publish a refund policy that complies with consumer law. If you do not publish a policy, the default is no voluntary refunds except where required by law. All refunds must be processed through Stripe.

6.4 Chargebacks & disputes. You are responsible for handling disputes and chargebacks. You bear any chargeback costs, reversal of funds, and Stripe fees resulting from disputes. We may pass through or recover from you any amounts we reasonably incur related to chargebacks.

6.5 Set-off & recovery. We may set off any amounts you owe us (Platform Fees, recoveries, chargebacks, penalties) against amounts due to you, against your Stripe balance, or by debiting any payment method you have provided. If your Stripe balance and available funds are insufficient, you must promptly pay any shortfall.

77. Data Protection & Privacy

7.1 Roles. For Subscriber personal data processed via the Platform:

• You are the data controller of Subscriber data you collect and use for your own purposes (e.g. order fulfilment, marketing).
• Monthly Club acts as an independent controller for data we process to operate and secure the Platform, manage Stripe integration, fraud prevention, and compliance.

7.2 Compliance. Each party must comply with UK Data Protection Law, including the UK GDPR and Data Protection Act 2018. You must provide appropriate privacy notices to Subscribers, obtain valid consents where required (e.g. marketing), and respect data subject rights.

7.3 Data sharing. You authorise us to share Business and Subscriber data with Stripe and other service providers as necessary to process payments, provide the Platform, or comply with law.

7.4 Security. You must implement appropriate technical and organisational measures to protect personal data in your possession. Do not export or share data outside the Platform unless lawful and secure.

7.5 DPA. Where we act as processor on your behalf, our Data Processing Addendum (DPA) forms part of these Terms.

88. Intellectual Property & Content

8.1 Business Content. You retain ownership of the content you upload (e.g. logos, product descriptions, media).

8.2 Licence to Monthly Club. You grant us a worldwide, royalty-free, non-exclusive licence to host, reproduce, display, and distribute your content to:

• You (through your dashboard),
• Subscribers (through your store page), and
• Our staff (for support, moderation, and compliance purposes).

8.3 Public storage warning. Certain files (e.g. images in public storage buckets) may be accessible via direct URL. Although access controls are in place, URLs can be shared outside the Platform. You are responsible for what you upload.

8.4 Prohibited content. You must not upload content that infringes IP rights, contains malware, promotes unlawful or sexually explicit services, or otherwise breaches these Terms.

8.5 Our IP. All rights in the Platform, software, branding, and designs remain ours or our licensors'. You may not copy, reverse-engineer, or exploit the Platform except as permitted in these Terms.

99. Service Availability & Changes

9.1 Availability. The Platform is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted service or that errors will be corrected.

9.2 Changes. We may update, suspend, or discontinue parts of the Platform at any time. Where practicable, we will give reasonable notice of material changes that affect your use.

9.3 Support. We may provide support via email or dashboard, but have no obligation to provide continuous or bespoke support unless agreed separately in writing.

1010. Suspension & Termination

10.1 By you. You may close your Business account at any time via dashboard or by contacting support.

10.2 By us. We may suspend or terminate your account immediately if:

• You breach these Terms or applicable law,
• We are required to do so by Stripe, regulators, or court order,
• We reasonably believe your activity exposes us, Stripe, or other users to risk (e.g. fraud, reputational, regulatory, or financial risk).

10.3 Inactivity. We may terminate accounts inactive for over 12 months.

10.4 Consequences. On termination:

• Your listings will be removed.
• Subscriber data may be retained only as required by law or for legitimate business purposes.
• Outstanding obligations (including payment of fees or reimbursements for chargebacks) survive termination.

1111. Indemnities

11.1 Business indemnity. You agree to indemnify and hold harmless Monthly Club, our affiliates, directors, officers, and employees against all claims, damages, costs, losses, and expenses (including reasonable legal fees) arising from:

• Your Products, services, or content,
• Your breach of these Terms,
• Any violation of law or third-party rights,
• Any claim by a Subscriber relating to a Product you supply.

11.2 Procedure. We will give you prompt notice of any indemnified claim and allow you to defend it, provided that we may participate with our own counsel at your cost.

1212. Limitation of Liability

12.1 Exclusions. To the fullest extent permitted by law, Monthly Club is not liable for:

• Your Products or services,
• Loss of profits, revenue, goodwill, customers, or data,
• Downtime, errors, or interruptions in Platform availability,
• Any indirect, incidental, special, or consequential damages.

12.2 Cap. Our total liability to you for all claims in any 12-month period will not exceed the greater of:

• (a) the Platform Fees you paid to us in the three (3) months before the event giving rise to the claim, or
• (b) £100 GBP.

12.3 Non-excludable liability. Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.

1313. Governing Law & Jurisdiction

13.1 Governing law. These Terms and any dispute or claim (contractual or non-contractual) arising from them are governed by and construed in accordance with the laws of England and Wales.

13.2 Jurisdiction. The courts of England and Wales will have exclusive jurisdiction over any disputes, except that we may seek injunctive or equitable relief in any jurisdiction to protect our intellectual property or confidential information.

1414. Changes to These Terms

14.1 Updates. We may amend these Terms from time to time. The "last updated" date at the top of the document indicates when changes were made.

14.2 Notice. Where changes are material, we will provide notice through the Platform, by email, or both.

14.3 Continued use. Your continued use of the Platform after any change takes effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must close your Business account before the updated Terms apply.

1515. Contact Information

If you have questions about these Terms, please contact: