Last Modified: 5th January 2026
Element16 Media Ltd (“E16” or “The Developer”), a company registered in the United Kingdom with its principal place of business at 4 Dorchester Drive, Muxton, Telford, Shropshire, TF2 8SR
and
{{Insert Client Name}} (“The Client”), with its principal place of business at {{Insert Client Address}}. Together referred to as “the Parties”.
This contract includes the terms and conditions governing the Client’s app and website services provided by Element16 Media (referred to hereafter as “The Platform” or “Touchline”). The initial section relates to the website services, while the subsequent section pertains to the app services.
The signatures of the Parties indicate that E16 and the Client agree to and are bound by all the terms contained within both the website and app development and licensing agreements.
Definitions
“Active User” means any unique end user who has accessed the Touchline Platform through a non-anonymous account, and whose account credentials are stored in the Touchline platform, as determined by Touchline’s internal analytics. This includes (without limitation) access via email and password authentication, Sign in with Google, Sign in with Apple, or Sign in with Facebook.
“Platform” refers to the Touchline ecosystem, optionally encompassing Touchline Dashboard, mobile application, website, Club CRM, Club Shop and Youth Management System.
“CRM System” refers to the Customer Relationship Management system provided as part of the Touchline offering.
1. Effective Term and Duration
1.1 This Agreement shall become effective from the date at which both Parties have agreed to the terms herein, shown in Section 12.
1.2 Terms relating to the Client’s mobile application (hereafter ‘App’) shall be effective from the date it passes both Apple and Google Play app store reviews. Terms relating to the new Client website shall become effective from the date it goes live (should this be after the signing date).
1.3 The Agreement shall remain in force for a fixed Initial Term of three (3) years.
1.4 Either Party may terminate the Agreement after the first twelve (12) months of the Initial Term by giving no less than ninety (90) days’ written notice in accordance with Section 4.
2. Scope of Work
Element16 Media agrees to:
2.1 For the Client’s website:
- Design, develop and deliver a fully functional website in accordance with the Client’s agreed specifications.
- Host the website on secure cloud servers, accessed by Element16 Media.
- Provide ongoing technical maintenance and support for the Duration of the Agreement.
- Perform any major requested modifications or developments on a time-charged basis (see Section 3 (c)(i)).
- A major modification is defined as one which is outside of the standard scope of WordPress functionality (e.g. codebase changes, not content changes).
2.2 For the Client’s app:
- App Development: Develop the Touchline app to a sufficiently high standard to pass app store reviews on both the Apple App Store and Google Play Store.
- Customisation: Customise the app according to the Client’s brand guidelines, including colours, fonts, and logos.
- Touchline Upgrades: white label based upgrades will be performed by Element16, meaning the Client can access centralised new features as per the Touchline Public Roadmap.
- Custom Feature Development: individualised modifications or feature development to be provided on a time-charged basis (Section 3).
- Support: Provide technical support to the Client’s media team, commercial team and other staff with an estimated reply time of up to three business days, subject to seasonal demand and enquiry rates.
- Bug Fixing: Element16 Media shall use reasonable endeavours to investigate, prioritise and resolve confirmed bugs as promptly as reasonably practicable, taking into account severity, operability, complexity and third-party dependencies.
Without prejudice to the above, bugs shall be addressed within the following maximum timescales (measured from reproduction confirmation):
- Critical (defined as impacting the user experience of the entire mobile app): 21 days
- High (impacting two or more major features): 60 days
- Low (impacting one features or purely cosmetic changes): 90 days
The above timescales are dependent upon the Client providing timely and accurate information to assist with the bug fixing process. Reasonable delays may be made to the listed timescales should this information not be provided.
2.3 The following services are at the sole discretion of E16 are do not classify as binding obligations under this Agreement:
- Developing new features outside the Touchline offering.
- Developing new automation outside the Touchline offering.
- Entering information into Touchline Dashboard (e.g., fixtures, schedules or player data).
- Providing marketing materials for the launch or promotion of the app.
2.4 For the website, the Client agrees to:
- Provide all required content, materials, and access in a timely and accurate manner.
- Ensure all uploaded data and materials are owned by the Client or properly licensed for use.
2.5 For the app, the Client agrees to:
- Keep the app updated with relevant information.
- Pay invoices on time in accordance with the payment terms outlined in Section 3.
- Communicate issues with the app professionally and in writing (via email) to the Touchline team.
- Provide regular feedback to the Touchline team.
- Supply design-related information for the app’s development.
- Provide a signed letter authorising the use and development of the app using the Client’s intellectual property (IP) on behalf of Element16 Media.
2.6 During the term of this Agreement, the Client agrees not to commission, license or actively operate any third-party white-label or substantially similar fan engagement mobile application that is intended to replace or materially duplicate the core functionality of the Touchline platform for the same set of end users. For the avoidance of doubt, this restriction shall not prevent the Client from using or procuring:
- Ticketing, hospitality, CRM, e-commerce or payment platforms
- League-mandated, governing-body, or sponsor-required digital services
- Marketing tools, analytics platforms, or social media services
- Websites or applications that do not materially replicate Touchline’s fan engagement offering.
This clause shall not restrict the Client’s ability to explore or negotiate alternative solutions, provided that no such alternative platform is launched or operated concurrently in a manner that replaces the Touchline platform during the term of this Agreement.
2.7 Optional Platform Modules
Touchline is a modular platform. Subject to the Client’s selected subscription plan, the following modules may be made available:
- CRM Module: A centralised supporter and contact management, sponsorship management, system enabling segmentation, communication and data insights.
- Youth Management System: A restricted-access module designed to support youth, academy or grassroots programmes, subject to appropriate safeguarding and data protection protocols.
- Club Shop Module: An integrated e-commerce solution enabling the sale of merchandise and digital products, subject to applicable transaction fees and third-party payment providers.
- Dashboard: an administrative interface providing secure access to content management, user metrics, analytics and platforms configuration tools.
All modules listed above are included in the pricing outlined in Schedule 1. Note that some modules include additional usage fees, for example transaction and platform fees.
3. Payment Terms
3.1 Invoicing: Invoices will be automatically sent on the same calendar day of each month to the billing email provided. A 7-day grace period applies after this date.
3.2 Payment Terms: Invoices are due for payment within seven (7) days of the invoice date.
3.3 Pricing Structure:
- Touchline services are provided on an ongoing subscription basis, with pricing determined by the number of Active Users associated with the Client’s account.
- At the commencement of the Agreement, the Client shall select an initial subscription plan corresponding to an initial Active User tier, as set out in Schedule 1 (Pricing Schedule – January 2026), at the end of this document.
- The Client may elect to upgrade its subscription plan at any time by providing written notice to Element16, or through Touchline Dashboard. Any such upgrade will take effect from the start of the next billing month.
- Subscription plans may not be downgraded during the term of the Agreement, unless otherwise stated in writing from The Developer.
- Where the number of Active Users exceeds the upper limit of the Client’s selected subscription plan, overage charges shall apply in accordance with Schedule 1, unless and until the Client elects to upgrade to the next applicable plan.
- Overage charges are calculated on a per-user basis and are intentionally priced higher than the equivalent per-user rate within a subscription plan, reflecting the additional infrastructure and operational costs incurred by E16.
- Active User counts are cumulative and reductions in Active User numbers do not automatically entitle the Client to a lower subscription tier.
- E16 shall provide reasonable visibility of Active User counts via the Touchline Dashboard at all times, to all associated club staff.
- Annual Pricing Adjustments: all subscription fees, per-user charges, overage rates and billable development work are subject to annual adjustment in line with UK Retail Price Index (RPI) inflation, plus an additional three percent (3%). Any such adjustment shall take effect on 1st July each year and shall be communicated to the Client in writing in advance, no later than 1st April.
- Development fees (applicable to all modules)
- Development Work / Site Changes: provided on a time-charged basis, to be agreed in writing between the Client and E16 before any work is completed.
- Migration Assistance: in the event of any migration away from the Touchline infrastructure, E16 agrees to use reasonable endeavours to assist the Client with such migration without unreasonable delay, in order to support a smooth and orderly transition.
Any such assistance shall be provided on a time-charged basis, billed at an hourly rate. The total scope, estimated effort and applicable rate at the time of migration shall be agreed in writing in advance between Element16 Media and the Client.
For the avoidance of doubt, migration may include data export and transfer of app store listings, but shall exclude data engineering, re-development, source code access and Firebase project access, unless expressly agreed otherwise in writing.
- No Licence Charges Before Live Date: No licence charges will apply until the relevant website or app is officially live and operational on relevant platforms.
- Failure to Pay:
- If payment is not received within the 7-day grace period following the invoice due date, interest will be applied at the Bank of England base rate plus an additional 4%, compounded monthly. An admin fee of £20.00 is applied immediately to all late payments.
- If three (3) monthly payments are missed (consecutively or otherwise), Element16 Media reserves the right to: terminate the contract immediately, delete all associated data or partially or fully disable platform access until full payment is made.
- Continued failure to pay may result in legal action or a debt collection process for breach of contract and failure to pay.
- Add-ons and Custom Features: Future enhancements or features outside the initial scope may be offered as optional add-ons. These will be opt-in, and any associated costs will be clearly communicated at cost to the Client. These are classed as major layout changes, not content changes.
- Fees paid or payable under this Agreement are non-refundable, except where expressly stated otherwise in writing.
- In the event of any conflict between this Agreement and Schedule 1, the terms of this Agreement shall prevail unless expressly stated otherwise.
- VAT is out of scope of this Agreement unless otherwise specified in writing.
4. Termination
4.1 Termination for Convenience: Neither Party may terminate this Agreement for convenience during the first twelve (12) months of the Initial Term.
Following the expiry of the first twelve (12) months, either Party may terminate this Agreement for convenience by providing not less than ninety (90) days’ written notice to the other Party.
4.2 Effect of Termination: upon termination of this Agreement for any reason:
- All outstanding invoices and accrued fees shall become payable immediately.
- Access to the Platform shall continue until the end of the applicable notice period, unless terminated earlier in accordance with
Section 4.3.
4.3 Termination for Cause: Element16 Media reserves the right to terminate this Agreement immediately by written notice where:
- The Client is in material breach of this Agreement and fails to remedy such breach within fourteen (14) days of written notice; or
- The Client fails to make payment in accordance with Section 3.3.
4.4 Migration Assistance: migration support, if requested, shall be subject to Section 3.3(j)(ii) and shall apply regardless of which Party terminates this Agreement.
5. Data Usage and Access
All content and data uploaded to the Touchline platform is the property of the Client. However, such data will be hosted on Element16 Media controlled cloud servers and may be accessed by internal personnel solely for the purposes of site maintenance, data security, testing, and requested modifications. All Client data is stored securely in compliance with UK data protection legislation.
6. Intellectual Property (IP)
6.1 The Client grants E16 a non-exclusive, royalty-free license to use the Client’s intellectual property (including logos, branding and other materials) solely for the purpose of developing and maintaining the app.
6.2 E16 retains ownership of all source code, software and related materials developed under this Agreement.
7. Liability and Disclaimers
7.1 Service Limitations: The Developer does not guarantee uninterrupted or error-free operation of the App, Website or Dashboard and shall not be liable for any losses, damages, or costs incurred by the Client or end user resulting from unavoidable downtime, technical issues or interruptions.
7.2 Indemnity: The Client agrees to indemnify the Developer harmless and all claims, losses or damages arising from the Client’s breach of this Agreement or misuse of the Platform.
7.3 Force Majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than payment obligations) where such failure or delay arises from events beyond its reasonable control (“Force Majeure Events”). Force Majeure Events shall include, but are not limited to, acts of God, war, terrorism, civil unrest, government action, strikes, failures of utilities or telecommunications networks, and cyber-related incidents.
7.4 Cybersecurity Events: For the avoidance of doubt, ‘Force Majeure’ Events shall include malicious cyber activity such as distributed denial-of-service (DDoS) attacks, ransomware, malware, zero-day exploits, unauthorised access attempts, or other security incidents affecting third-party infrastructure, cloud service providers, hosting platforms, or app distribution services, where such events are not caused by the Developer’s wilful misconduct or gross negligence.
7.5 The Developer agrees to implement and maintain reasonable and appropriate technical and organisational measures in line with industry standards to safeguard the App and any data processed under this Agreement. This includes, but is not limited to:
- Secure authentication and authorisation controls
- Regular data backups and disaster recovery procedures
- Access controls to prevent unauthorised data access
- Ongoing monitoring for security vulnerabilities
7.6 The Developer further agrees to process and store all personal data in compliance with applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
7.7 Limitation of Liability: The Developer shall not be held liable for any loss, damage, or interruption caused by a Force Majeure Event, provided that the Developer has taken reasonable steps to mitigate the effects of such event and to restore services as soon as reasonably practicable.
7.8 Notification and Mitigation: In the event of a Force Majeure Event materially affecting the availability or security of the App, the Developer shall use reasonable endeavours to notify the Client within a reasonable timeframe and to take appropriate remedial action to resume normal service.
8. Confidentiality
Both Parties agree to maintain the confidentiality of any proprietary or confidential information exchanged under this Agreement, and not to disclose such information to third parties without prior written consent, except as required by law.
9. Dispute Resolution
Any disputes arising out of or in connection with this Agreement shall be resolved amicably in the first instance. If unresolved within 30 days, disputes shall be submitted to a UK court of competent jurisdiction, with English law and the courts of England and Wales governing this Agreement.
10. Amendments and Modifications
This Agreement may only be amended or modified with written consent from both parties.
11. Entire Agreement
This Agreement constitutes the entire understanding between the Parties and supersedes any prior verbal or written communications. Any amendments must be agreed in writing and signed by both Parties.
12. Signatures
Effective Date: {{Insert Date Here}}
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set
forth below.
For Element16 Media Ltd
Name:
_________________________
Title:
__________________________
Signature: ______________________
Date:
__________________________
For [Client Name]
Name:
_________________________
Title:
__________________________
Signature: ______________________
Date:
__________________________