The Order Form and the terms and conditions set out at Schedule 1 (the “Agreement”) set out the entire agreement between the Client and Tribo Technologies Ltd t/a Bubble (a company registered with Companies House in England and Wales under number 09834115 whose registered office is at Camburgh House, 27 New Dover Road, Canterbury, Kent, CT1 3DN (“Bubble”, “us”, “we”, “our”)) as to this subject matter and supersedes all prior communications in connection with this subject matter. In the event that any of the additional terms in the Order Form conflict with the terms set out in Schedule 1, then the additional terms shall override. By signing the Order Form, the Client agrees to the terms of this Agreement. If an individual is accepting this Agreement on behalf of a company or organisation, such individual represents that they have the authority to enter into this Agreement for and on behalf of the company or organisation.

Schedule 1 – Corporate Package (Bubble for Work) Terms and Conditions

  1. Commencement and term
    1. The Agreement shall commence on the Start Date and shall continue for the Subscription Period unless terminated in accordance with the Agreement.
  2. Services
    1. On receipt of full payment of the Fees, Bubble shall supply the Services to the Client from the Start Date in accordance with this Agreement.
    2. Bubble shall: (a) perform the Services with reasonable care and skill and in accordance with good industry practice; (b) provide the Bubble app during the Subscription Period to enable users to access the Bubble babysitting service; (c) comply with all applicable laws, statutes, regulations from time to time in force.
  3. Client Obligations
    1. The Client shall: (a) be responsible for notifying their employees that they are able to register for Bubble for Work Subscription accounts paid for by the Client; (b) notify Bubble if an employee’s Bubble for Work Subscription account should be suspended or cancelled; (c) be responsible for ensuring that employees use the Client’s email handles (a full list to be provided by the Client) to register the Bubble for Work Subscription account unless Bubble has agreed to provide a promotional code to access the Bubble for Work Subscription account paid for by the Client.
    2. Bubble shall not be responsible for the misuse of any promotional codes provided by Bubble to the Client’s employees.
  4. Data protection
    1. Bubble shall not share any personal data of the end-users of the Bubble for Work Subscription accounts with the Client. Bubble may instead provide statistical data based on an anonymised and aggregated version usage data of the Bubble for Work Subscription accounts.
  5. Intellectual property
    1. Bubble retains ownership of all intellectual property rights in the Bubble trademark, app, website and any documents provided by Bubble during the course of the Service and all Bubble’s rights remain reserved.
    2. The Client retains ownership of its logo and name. Subject to the Client’s prior approval, the Client grants Bubble a royalty-free licence for Bubble to use the Client’s logo and name within the App and Bubble’s marketing materials.
  6. Bubble Credit
    1. If Bubble Credit is paid in advance it must be utilised within the agreed Subscription Period. Any unused Credit at the end of a Subscription Period or Renewal Period shall not roll over and shall be non-refundable and non-exchangeable.
    2. Bubble Credit can be billed monthly in accordance with Client usage.
    3. The Client may top up the Credit during the Subscription Period by submitting a written request to Bubble and paying the additional Credit in accordance with Bubble’s invoice terms.
    4. Bubble Credit may be transferred between Bubble for Work Subscription accounts purchased under this Agreement.
  7. Bubble for Work Subscriptions
    1. Bubble for Work Subscriptions incorporate a corporate Bubble Plus Subscription and access to Bubble support features as outlined in the Order Form or Purchase Agreement, for the duration of the Subscription Period.
    2. No refunds are provided for unused or any remaining periods of Bubble for Work Subscriptions.
    3. The Client may request additional Bubble for Work Subscriptions during the Subscription Period by submitting a written request to Bubble and paying relevant fees in accordance with Bubble’s invoice terms.
    4. The Client may request to transfer a Bubble for Work Subscription and any unused Bubble Credit from an employee that is leaving the employment of the Client to a different employee by submitting a written request to Bubble.
  8. Payment Terms
    1. The Client shall pay Bubble the Bubble Credit and Bubble for Work Subscriptions in accordance with the payment terms set out in the Subscription Form.
    2. The price for the Bubble for Work Subscriptions and Bubble Credit, as set out in the Subscription Form plus any Bubble for Work Subscriptions added during the Subscription Period, shall become due and payable in accordance with the payment schedule set out in the Subscription Form
    3. The prices set out in the Subscription Form are expressed to be exclusive of value-added tax (VAT), which the Client shall additionally be liable to pay at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
    4. All amounts due under the Agreement from the Client to Bubble shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  9. Termination
    1. Without affecting any other right or remedy available to it, either party may terminate the Agreement with immediate effect by giving written notice to the other party if: (a) the other party commits a material breach of any term of the Agreement and fails to remedy that breach within a period of 14 days after being notified in writing to do so; (b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business; or (c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
    2. Bubble may terminate this Agreement for any reason on not less than 30 days written notice to the Client, following which at Bubble’s sole discretion, it may refund any unused Bubble Credit to the Client. Bubble Plus Subscriptions shall remain accessible and usable by the Client’s employees until the end of the Subscription Period.
    3. Either party may terminate this Agreement for convenience on not less than 30 days written notice, where such notice expires at the end of the current Subscription Period.
  10. General
    1. Assignment and other dealings. The Client may not assign, transfer, charge, subcontract, or deal in any other manner with any or all of its rights and obligations under the Agreement without Bubble’s prior written consent.
    2. Confidentiality (a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, clients, customers or suppliers of the other party [or of any member of the group to which the other party belongs], except as permitted by clause 10.2(b).(b) Each party may disclose the other party’s confidential information:   (i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 2; and(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.(c) Neither party shall use any other party’s confidential information for any purpose other than to perform its obligations under the Agreement.
    3. Entire agreement. Each party acknowledges that in entering into the Agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Agreement.
    4. Variation. No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    5. Waiver. A waiver of any right or remedy under the Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
    6. Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 10.6 shall not affect the validity and enforceability of the rest of the Agreement.
    7. Third-party rights. The Agreement does not give rise to any rights under the Agreements (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
    8. Governing law and Jurisdiction. The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.
  11. Bubble Health
    1. Provider. Bubble Health is provided by Pando Access (Forward Clinical Ltd, company no 10420044). 
    2. Parameters of service. Bubble Health is available in England and Wales between 8am and 8pm via a live chat service. Bubble Health is not intended to be a substitute to a primary care provider. 
    3. Changes to service. Bubble Health has absolute discretion to change or update the service provided at any time during The Agreement.
    4. Usage terms and conditions. To use the service you must agree to the Pando Access Acceptable Use Policy Terms and Conditions.
    5. Privacy.  Pando Access stores health data in accordance with UK legislation. They are ISO 27001 compliant and meet NHS DTAC standards. To use the service you must agree to Pando Access Privacy Policy.