| 1 INTERPRETATION
In this document the following words shall
have the following meanings:
- Consumer" shall have the meaning ascribed in section
12 of the Unfair Contract Terms Act 1977;
- Customer" means any person who purchases Services
from the Supplier;
- Proposal" means a statement of work, quotation
or other similar document describing the services to be
provided by the Supplier;
- Services" means the services specified in the Proposal;
- Supplier's" means Music Promotion Media Ltd of
PO Box 2423, Chigwell, IG8 1BN;
- Terms and Conditions" means the terms and conditions
of supply set out in this document and any special terms
and conditions agreed in writing by the Supplier.
- Website" means the Supplier's website.
2 GENERAL
These Terms and Conditions shall apply to
all contracts for the supply of Services by the Supplier to
the Customer and shall prevail over any other documentation
or communication from the Customer.
Any variation to these Terms and Conditions shall be inapplicable
unless agreed in writing by the Supplier.
Nothing in these Terms and Conditions shall prejudice any
condition or warranty, express or implied, or any legal remedy
to which the Supplier may be entitled in relation to the Services,
by virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect the Customer's
statutory rights as a Consumer.
3 THE ORDER
The Customer shall be deemed to have accepted the Proposal
by placing an order with the Supplier ("the Order").
All Orders for the Services shall be deemed to be acceptance
of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
The price for the Services is as specified
in the Proposal. All prices are quoted in Pounds Sterling.
Payment of the price shall be in the manner specified in the
Proposal.
If the Customer fails to make any payment the Proposal will
be void.
Prices are subject to change without notice, so please check
the price on the website at the time of ordering.
The Customer will be responsible for any incurred costs due
to failed payments.
5 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations
the Customer shall:
- Co-operate with the Supplier;
- Provide the Supplier with any information reasonably
required by the Supplier;
- Obtain all necessary permissions, licences and consents
which may be required before the commencement of the services,
the cost of which shall be the sole responsibility of
the Customer; and
- Comply with such other requirements as may be set out
in the Proposal or otherwise agreed between the parties.
6 SUPPLIER'S OBLIGATIONS
The Supplier shall perform the Services with
reasonable skill and care and to a reasonable standard in
accordance with recognised standards and codes of practice.
You agree that the Supplier in its sole discretion
may not deem your demo to be suitable to forward to industry
contacts, for any reason.
7 LIMITATION OF LIABILITY
For the avoidance of doubt, time shall not
be of the essence and the Supplier shall incur no liability
to the Customer in respect of any failure to complete the
Services by any agreed completion date.
In no event shall the Supplier be liable for any loss of profit,
loss of opportunity, loss of business, loss of revenue, loss
of copyright, wasted time, wasted costs, indirect, incidental,
special, or consequential loss arising out of or in any way
connected with the use of this website or Service or with
the delay or inability to use this website, or for any information,
products, and services obtained through this website, or otherwise
arising out of the use of this website.
The Supplier has used reasonable care and skill in compiling
the content of this website. However, the Supplier makes no
warranty to the accuracy of any information on the site or
accepts liability for any errors or omissions on the site.
8 CANCELLATIONS
The Customer may cancel an Order by notifying
the Supplier in writing at the address above within 5 days
of placing an Order and any money paid will be refunded in
full.
If the Customer fails to cancel the order within the time
specified, any monies paid may not be returnable.
9 SEVERANCE
If any term or provision of these Terms and
Conditions is held invalid, illegal or unenforceable for any
reason by any court of competent jurisdiction such provision
shall be severed and the remainder of the provisions hereof
shall continue in full force and effect as if these Terms
and Conditions had been agreed with the invalid, illegal or
unenforceable provision eliminated.
10 GOVERNING LAW
These Terms and Conditions shall be governed
by and construed in accordance with the law of England and
the parties hereby submit to the exclusive jurisdiction of
the English courts.
11 RIGHT TO MODIFY THESE TERMS AND
CONDITIONS
The Supplier may modify these terms and conditions
at any time without prior notice, with any modifications being
effective from the date and time of posting on the website.
12 NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
13 MODIFICATIONS TO SERVICE
The Supplier reserves the right at any time
and from time to time to modify the Service (or any part thereof)
with or without notice. You agree that the supplier shall
not be liable to you or to any third party for any modification
of the Service.
14 TERMINATION
You agree that the Supplier in its sole discretion,
may terminate the Service, and remove and discard any Content
within the Service, for any reason.
15 DISCLAIMER
The Supplier makes no warranty or representation
that (i) the service will meet your requirements, (ii) the
service will be timely or error-free, (iii) the results that
may be obtained from the use of the service will be accurate
or reliable, (iv) the quality of any services and information
obtained by you through the service will meet your expectations.
Any material downloaded or otherwise obtained through the
use of the service is done at your own discretion and risk
and that you will be solely responsible for any damage to
your computer system or loss of data that results from the
download of any such material.
16 COPYRIGHT OWNERSHIP
For any original material, the Customer's
private right of copyright shall be maintained and recognised.
The Customer is solely responsible for any contracts the Customer
signs with publishing or record companies. The Supplier recommends
that the Customer seeks independent legal advice before signing
a contract with a record or publishing company.
PROPOSAL
NAME OF SUPPLIER:
Music Promotion Media Ltd
BUSINESS ADDRESS OF SUPPLIER:
PO Box 2423, Chigwell, IG8 1BN, UK
DESCRIPTION AND SCOPE OF SERVICES:
For a full scope and description, please see our website.
- We guarantee to listen to your demo.
- Music Promotion Plus package. A Presentation Pack will
be created and used along with track submissions to record
labels.
- Demo Assessment Service. A comprehensive demo assessment
service for unsigned acts covering all genres. All submissions
will be professionally appraised and you will receive
a written assessment.
- Feedback from the record or publishing company will
be passed directly to you.
- The Customer shall agree that the Supplier may use
the Customer's details (including from any prospective
success and / or news), including the Artist’s
name(s), professional name(s), photographs, related artwork
or any other likenesses and / or biographical materials
(without any restriction) in connection with any promotional
activity.
THE PRICE:
Music Promotion Plus: £200
Demo Assessment Service: £50 for up to three tracks.
Note 1. Send in your demo for free, we accept
submissions at NO COST or obligation to the artist.
PAYMENT:
The following methods are accepted: UK Cheque, UK Postal Order,
Paypal transactions or a Bank transfer payments in pounds
sterling payable to Music Promotion Media Ltd.
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