Sublime Timing Ltd. Terms and Conditions
1. Agreement to Terms
1.1 By entering into a contract or engaging Sublime Timing Ltd. ("Sublime Timing") for event services, the client acknowledges that they have read, understood, and agree to be bound by these terms and conditions.
2. Services Provided
2.1 Sublime Timing Ltd. agrees to provide the client with event services, including but not limited to chip timing, online registration, race results management, fulfilment services, and other event-related services.
2.2 The specific details of the services to be provided will be outlined in a separate estimate, agreement, or proposal, detailing the scope of work, timelines, and any additional terms specific to the event.
2.3 Sublime Timing Ltd. may use employees, agents, or subcontractors (including photographers, fulfilment partners, and couriers) to perform its obligations. Sublime Timing Ltd. shall remain responsible for the performance of such obligations, subject to the limitations of liability set out in these Terms.
3. Payment Terms
3.1 The client agrees to pay Sublime Timing Ltd. the fees as specified in the estimate, agreement, or proposal.
3.2 Unless otherwise agreed upon, a non-refundable deposit is required to secure Sublime Timing Ltd.'s services. Full payment is due prior to the event date or as detailed in the estimate, agreement, or proposal.
3.3 Late Payment Clause:
3.3.1 If payment is not received by Sublime Timing Ltd. within 30 days of the invoice date, the client shall be deemed to be in default. In such cases, the client shall pay a late payment fee of 2% of the total outstanding balance, compounded monthly.
3.3.2 Additionally, interest shall accrue on the outstanding balance at a rate of 1.5% per month, calculated daily and compounded monthly, from the invoice date until the date of payment in full.
3.3.3 Sublime Timing Ltd. reserves the right to suspend services and withhold deliverables until all outstanding payments, including late payment fees and accrued interest, are settled in full.
4. Cancellation Policy
4.1 If the client wishes to cancel services provided by Sublime Timing Ltd., the following cancellation fees shall apply:
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30 days or more prior to the event date: No cancellation fee.
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Between 15 and 29 days prior to the event date: 25% of the total contract price.
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Between 7 and 14 days prior to the event date: 50% of the total contract price.
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Less than 7 days prior to the event date: 100% of the total contract price.
4.2 To initiate a cancellation, the client must provide written notice to Sublime Timing Ltd. via email or certified mail. The cancellation date shall be the date on which Sublime Timing Ltd. receives such notice.
4.3 Upon cancellation, any outstanding fees owed to Sublime Timing Ltd., including cancellation fees, shall become immediately due and payable. Sublime Timing Ltd. reserves the right to withhold deliverables or pursue legal action to recover outstanding balances.
4.4 Sublime Timing Ltd. may waive cancellation fees in exceptional circumstances, at its discretion and upon review of the situation.
4.5 Sublime Timing Ltd. reserves the right to cancel or suspend services due to unforeseen circumstances, including but not limited to illness, technical failures, natural disasters, or other events beyond its reasonable control. In such cases, Sublime Timing Ltd. will use reasonable efforts to refund any fees received, less any reasonable costs already incurred in preparation for the event. This refund shall constitute the client’s sole and exclusive remedy, and Sublime Timing Ltd. shall have no further liability.
5. Client Responsibilities
5.1 The client agrees to provide accurate and timely information required for the provision of services by Sublime Timing Ltd. This includes participant data for online registration, event details, and any other information necessary for chip timing, fulfilment, and event management.
5.2 Any delays or inaccuracies in the information provided by the client may result in additional charges, and Sublime Timing Ltd. shall not be held responsible for any resulting issues.
5.3 The client is responsible for ensuring that the event complies with all applicable laws, permits, safety requirements, and regulations. Sublime Timing Ltd. is not responsible for event safety, medical cover, or regulatory compliance.
6. Liability
6.1 While Sublime Timing Ltd. will use reasonable skill and care to provide accurate and timely services, the client acknowledges that certain factors affecting the event may be beyond the control of Sublime Timing Ltd. These include, but are not limited to, illness, equipment breakdown, poor internet coverage, weather conditions, participant actions, fulfilment provider delays, or other unforeseen events.
6.2 Sublime Timing Ltd. makes no guarantee that illness, technical failures, courier delays, or other unforeseen circumstances will not impact the provision of results, fulfilment, or any other service.
6.3 Results are provided “as is” and may be subject to delays, corrections, or revisions. The client acknowledges that no results system can be guaranteed error-free.
6.4 Sublime Timing Ltd. shall not be liable for any direct, indirect, or consequential loss, or damages of any kind, including but not limited to loss of profits, revenue, data, or business opportunities, arising from or related to the provision of services, regardless of the cause or form of action, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.
6.5 Notwithstanding the foregoing, the maximum aggregate liability of Sublime Timing Ltd. in respect of any claim, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the client for the services under the relevant agreement.
6.6 It is the responsibility of the event organiser to obtain and maintain appropriate insurance cover against risks including, but not limited to, cancellation, loss of results, fulfilment delays, or failure of services. Sublime Timing Ltd. cannot accept liability for any costs or losses arising in connection with such risks.
7. Indemnity
7.1 The client agrees to indemnify and hold harmless Sublime Timing Ltd., its employees, agents, and subcontractors against any claims, damages, liabilities, costs, or expenses (including legal fees) arising from or in connection with:
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The client’s failure to provide accurate or timely information,
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The conduct, safety, or regulatory compliance of the event,
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Claims made by participants or third parties relating to the event or fulfilment services.
8. Data Protection
8.1 Sublime Timing Ltd. will process personal data in compliance with UK GDPR and the Data Protection Act 2018.
8.2 The client is responsible for ensuring that all necessary consents have been obtained from participants for their data to be processed for the purposes of registration, timing, results publication, fulfilment, and event management.
9. Confidentiality
9.1 Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the agreement. This includes, but is not limited to, participant data, event details, and proprietary technology used by Sublime Timing Ltd.
10. Governing Law
10.1 This agreement is governed by the laws of the United Kingdom.
10.2 Any disputes arising out of or in connection with this agreement will be resolved through arbitration in accordance with the rules of the UK Arbitration Act.
11. Modification of Terms
11.1 Sublime Timing Ltd. reserves the right to modify, amend, or update these terms and conditions from time to time at its sole discretion. Any changes will be effective immediately upon posting on our website or other appropriate platforms.
11.2 The client acknowledges and agrees that it is their responsibility to review the terms regularly to ensure awareness of any updates or changes. Continued use of Sublime Timing Ltd.'s services after any modifications shall constitute acceptance of such modifications.
11.3 Sublime Timing Ltd. may, but is not obligated to, notify the client of changes via email or other forms of communication.
11.4 Changes to the terms will not apply retroactively and will only govern events and transactions occurring after the effective date of such changes.
12. Severability
If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
13. Force Majeure
13.1 Sublime Timing Ltd. shall not be liable for any failure or delay in performing its obligations under this agreement where such failure or delay results from any cause beyond its reasonable control.
13.2 Such causes shall include, but are not limited to, illness, accident, equipment breakdown, power or internet failure, strikes, lockouts or other industrial disputes, acts of God, adverse weather conditions, courier or fulfilment provider delays, government restrictions, pandemics, or other circumstances that could not reasonably have been foreseen or prevented.
13.3 In such circumstances, Sublime Timing Ltd. shall be relieved from performing its obligations for the period of delay and for a reasonable time thereafter. The client’s entitlement shall be limited to the remedies provided in clause 4.5.