Terms of Service
Last updated: 17 June 2026
These Terms of Service ("Terms") govern your use of Fernly, a holiday club booking platform ("the Service"), operated by Hix Digital Ltd, a company registered in England and Wales with its registered office at 20 Old Bond Street, Bath BA1 1BP ("we", "us", "our"). By creating an account or otherwise using the Service, you ("Customer", "you") agree to be bound by these Terms.
1. The service
Fernly is a software-as-a-service product that enables small UK childcare providers — nurseries, forest schools, pre-schools and similar settings — to offer holiday club bookings to parents through a branded web interface. The Service does not handle parent-to-provider payments, attendance records, medical or safeguarding data.
2. Account & eligibility
You must be at least 18 and authorised to act for the organisation you register. You are responsible for keeping account credentials confidential and for all activity under those credentials. We may suspend accounts that breach these Terms or are inactive for over 12 months.
3. Fees, billing & renewal
Standard pricing is £300 + VAT per year for up to 250 registered parent accounts, or £85 + VAT per quarter. Payments are processed by Stripe Payments UK Ltd. Annual subscriptions auto-renew on the anniversary date; quarterly subscriptions renew every three months. We will email you at least 14 days before each renewal.
You may upgrade between plans at any time; the new rate applies from the next billing cycle. If your registered parent count exceeds 250, we will contact you to discuss a tailored arrangement and will not unilaterally upgrade you.
4. Cancellation & refunds
You may cancel at any time from the admin area or by emailing us. Annual subscriptions are not refundable mid-term except where required by law. Quarterly subscriptions stop at the end of the current quarter. On cancellation we retain your data for 30 days — long enough to restore your account if you change your mind — after which it is permanently deleted, except where retention is required to meet a legal obligation.
5. Your data
You retain ownership of all data you submit to the Service ("Customer Data"), including parent and child records. You can export all Customer Data as CSV at any time. We act as a data processor for Customer Data under UK GDPR; the data controller is your organisation. Our Privacy Notice sets out how we handle personal data.
6. Acceptable use
You agree not to: use the Service for any unlawful purpose; upload content you do not have the right to upload; attempt to disrupt, reverse-engineer or gain unauthorised access to the Service; or use the Service to send unsolicited communications. We may suspend or terminate accounts that breach this clause.
7. Availability & support
We use commercially reasonable efforts to keep the Service available, but do not warrant uninterrupted availability. We carry out maintenance outside UK business hours where possible and notify you of significant scheduled downtime. Support is provided by email at info@fernlyapp.com during UK business hours (Mon–Fri, 9:00–17:00, excluding English bank holidays).
8. Warranties & disclaimers
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by English law.
9. Limitation of liability
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, is capped at the fees you paid us in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, consequential, special or incidental loss, or for loss of profits, revenue, business, goodwill or anticipated savings.
10. Indemnity
You agree to indemnify us against any third-party claim arising from your breach of these Terms, your Customer Data, or your unlawful use of the Service.
11. Confidentiality
Each party agrees to keep the other's non-public information confidential and to use it only to perform its obligations under these Terms.
12. Changes to the Terms
We may amend these Terms by giving at least 30 days' notice to the admin email address on your account. Continued use of the Service after the notice period constitutes acceptance.
13. Governing law & jurisdiction
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising from or in connection with these Terms.
14. Contact
For any questions about these Terms, write to:
Hix Digital Ltd
20 Old Bond Street
Bath BA1 1BP
info@fernlyapp.com