01About these terms
These terms apply to your use of this website and to membership of Club Orca. Club Orca is run by Club Orca Ltd, a company registered in England and Wales (company number 17537338). By using the website or becoming a member, you agree to them. Please read them alongside our privacy policy and cookie policy.
02Using this website
The information on this website is general and may change. We work to keep it accurate, but we don’t promise that it is complete or up to date, and you shouldn’t rely on it alone when making decisions about your business.
03Membership
Membership gives you the Apex Engine, as described on this website at the time you join, set up and run for you. Membership costs £245 a month, payable monthly. There is no setup fee.
04Fair use
- The Apex Engine includes 500 texts a month, counting texts sent and received. Texts over that are billed at cost, currently about 4.5p each.
- Calls to your Club Orca number are covered up to 400 minutes a month. Minutes over that are charged at 8p each.
- Night Shift includes 150 minutes of AI-answered calls and 500 AI replies a month. Over that, calls are 50p a minute and replies 10p each. Charges over the allowance are capped at £50 a month. Once the cap is reached, Night Shift pauses and calls ring through as normal until you agree to raise it.
05No contract, and cancelling
There is no minimum term. You can end your membership at any time by giving us 30 days’ written notice. Your services continue until the end of the notice period.
When your membership ends, we will give you a copy of your customer data. Anything registered in your name stays yours. Anything provided in our name, such as accounts, numbers or domains we set up for you, remains ours and will be disconnected.
06The 30-day website guarantee
If you are not happy with your website within 30 days of it going live, tell us in writing within that period and we will refund the membership fees you have paid. The guarantee applies to your website only. It is not a guarantee of results such as rankings, enquiries or bookings.
07One seat per trade, per town
We take one member per trade within 3 miles of an existing member’s business address, measured in a straight line. Mobile businesses are measured from their base address. We decide, acting reasonably, what counts as a trade for this purpose. This is a commitment about who we work with. It is not a promise that you will have no other competition in your area.
Extra areas. Members can reserve additional areas for their trade, each covering 3 miles, for an extra monthly fee per area. While reserved, we won’t take another member in the same trade within that area.
08Your responsibilities
- Give us accurate information about your business and keep it up to date.
- Only supply photos, logos and other content that you own or have permission to use.
- Make sure you have the right to contact the customers on any list you ask us to message, and that your messages follow the law.
- Pay your membership fees on time.
09Our responsibilities
We will provide our services with reasonable skill and care. Search engines, AI assistants and customer behaviour are outside our control, so we can’t guarantee specific results, such as rankings, enquiries or bookings.
10Designs and content
The designs, templates, systems and code we use to build and run your website and engine belong to us. While you are a member, you may use them as part of your membership. The content you supply, such as your photos, logo and business details, remains yours.
11Third-party services
Our services rely on third-party platforms, such as search engines, social networks, messaging providers and hosting. Their availability and rules are outside our control, and changes they make may affect how some features work.
12Our liability
Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.
Otherwise, we are not liable for any loss of profit, business, revenue or opportunity, or for any indirect loss. Our total liability to you in any 12-month period is limited to the membership fees you paid us in that period.
13Data protection
How we use your personal information is set out in our privacy policy. When we handle your customers’ information to run your engine, we do so on your behalf and only on your instructions.
14Changes to these terms
We may update these terms from time to time. If a change materially affects your membership, we will tell you before it takes effect.
15Governing law
These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction over any dispute.