Terms & Conditions

FOCUS MUSIC AGENCY LTD – TERMS AND CONDITIONS

Focus Music Agency Ltd, a company established in England and Wales. Our company registration number is 14900434.

Phone number: 07990098324

Geographical address: 45 Hayburn Way, Hornchurch, England, RM12 4BH

Email address: admin@focus-music.co.uk

Application

These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning throughout these Terms and at the end of these Terms.

For questions about these Terms, or to get in touch with us, please use our contact details above.

Cancellations

Subject to the provisions at clause 6 of these Terms, you may cancel the Services within 14 days from the date you accept these Terms (Cancellation Period). We will not commence the provision of the Services during the Cancellation Period unless you expressly request us to do so.

Please note that where you expressly ask us to commence the provision of the Services during the Cancellation Period:

· you will lose your right to cancel the Services, if the relevant Services are fully performed by us; and

· you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel the Services, which will be proportionate to the full Price for the relevant Services for the whole of the Term.

Introduction & Acceptance

(a) These terms and conditions (Terms) are between Focus Music Agency Ltd, a company registered in England and Wales, with company registration number 14900434 (we, our or us) and you, being the person placing an order for our services (Services) by accepting the quote sent to you via email or WhatsApp (Quote). Where you are a parent or guardian of a child who wishes to engage us to provide our Services to your child, you acknowledge and agree that you are accepting these Terms on behalf of your child, and you are responsible for ensuring your child complies with these Terms at all times. In this instance, you means you or your child, as applicable.

(b) You accept these Terms by the earlier of:

(1) instructing us to proceed with the Services;

(2) making part or full payment of the Price; and

(3) accepting the Quote online or confirming that you accept the Quote (whether expressly or impliedly).

(c) The Terms apply from when you have accepted these terms in accordance with clause 1(b) and continue until the period set out on your Quote (Initial Block). On expiry of the Initial Block, these Terms will be automatically renewed for subsequent periods as set out on your Quote (each a Renewal Block) unless either Party provides written notice before the end of the Initial Block or the end of the then-current Renewal Block (as applicable) that it does not wish to renew these Terms (Term). The term Block throughout these Terms may refer to the Initial Block and/or the Renewal Block, as applicable.

(d) For the avoidance of doubt, the Initial Block and Renewal Block runs in accordance with your school term, as set out in the Quote.

Services

(a) The Services are provided on a Block basis, and you will be required to pay us the Price for each Block as outlined on your Quote.

(b) The Services will automatically renew at the end of each Block for the following Block, and you will be charged the Price in connection with each subsequent Block unless and until you cancel the Services in accordance with clause 10(a).

(c) The Services may begin with a trial lesson (Trial Lessons). Trial Lessons are only available to new customers and we may limit eligibility to prevent trial abuse. Your access to the Services will cease at the end of the Trial Lesson unless you pay the Price for the current Block.

(d) We may need to change what is available as part of the Services (for example, the inclusions or exclusions) from time to time. If we change what is available as part of your Services, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Services. If the changes adversely affect your enjoyment of the Services, you may cancel your Services with effect from the date we apply the changes to your Services by providing written notice to us. If you cancel your Services, (a) you will no longer be able to use the Services on and from the date of cancellation, and (b) if you have paid the Price upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

(e) We may need to change the Price from time to time. If we change the Price, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Price to the Services. If the updated Price is not acceptable to you, you may cancel the Services by providing written notice to us. If you cancel the Services, (a) you will no longer be able to use the Services on and from the date of cancellation, and (b) if you have paid the Price upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

(f) In consideration of your payment of the Price, we will provide the Services in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

(g) We warrant to you that the Services will be provided using reasonable care and skill.

(h) If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.

(i) You acknowledge and agree that we do not guarantee any particular result or outcome following your receipt of the Services. Your child’s success depends, amongst other things, on their skills, and dedication to practising their chosen musical instrument. Whilst we will work with your child to improve their skills, we do not guarantee any such improvement.

(j) You acknowledge and agree that the Services are ongoing and will automatically renew for each subsequent Block unless you contact us to cancel the Service prior to each Renewal Block in writing using the contact details on our website. Upon completion of each Block, you will be automatically enrolled onto the Standing Lessons for the following Renewal Block. We will send you an auto-renewal confirmation for each Renewal Block, and payment will be due in accordance with clause 2(b).

Supply of the Services

In consideration of your payment of the Price, we will provide the Services in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

We warrant to you that the Services will be provided using reasonable care and skill.

If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.

You acknowledge and agree that we do not guarantee any particular result or outcome following your receipt of the Services. Your child’s success depends, amongst other things, on their skills, and dedication to practising their chosen musical instrument. Whilst we will work with your child to improve their skills, we do not guarantee any such improvement.

Lessons, Cancellations and Rescheduling

(a) At the time of discussing your Quote with us, you may nominate a day and time for us to supply the Services each week. Following your purchase of a Block, we will confirm the day and time on which the Services will be supplied each week (Standing Lesson). Whilst we will make every effort to accommodate any reasonable requests made by you in relation to the scheduling of a Standing Lesson, you acknowledge and agree that we may not be able to offer your preferred date and time, and the scheduled date and time may be impacted by factors outside of our control, including directions provided by your child’s school.

(b) Your Standing Lesson will continue to apply for each Renewal Block, unless otherwise agreed between the Parties in writing. Where you wish to change your Standing Lesson on an ongoing basis, you may contact us in writing and the Parties agree to work together to find a suitable alternative.

(c) In the unlikely event that we need to cancel a Standing Lesson due to no fault on your part, such as where our team is unwell, we will aim to provide you with as much notice as possible.

(d) If, for any reason, you need to cancel a scheduled Standing Lesson with us, we would appreciate you giving us as much notice as you can, and in any event, at least 24 hours’ notice prior to the relevant Standing Lesson by calling or emailing us using the contact details at the beginning of these Terms.

(e) Where a Standing Lesson is cancelled by us, or where you provide us with notice to cancel a Standing Lesson in accordance with clause 3(d), we may offer a may offer an additional lesson to make up for the missed Standing Lesson (Make-Up Lesson). We will work with you to find a suitable date and time for a Make-Up Lesson, but you acknowledge and agree that this will be subject to availability.

(f) If you are more than 10 minutes late to a Standing Lesson and do not contact us in advance to let us know, the Standing Lesson will be considered cancelled by you without notice.

(g) Where you do not provide us with notice to cancel a Standing Lesson in accordance with clause 3(d), or you are more than 10 minutes late to the Standing Lesson, you acknowledge and agree that you will not be entitled to a refund of any portion of the Price, and the relevant portion of the Price will constitute the cancellation fee. You acknowledge and agree that this is a genuine pre-estimate of our loss arising as a result of your failure to give us notice of your unavailability, or attend your Standing Lesson on time.

Your Obligations

(a) You agree to (and to the extent applicable, ensure that your child agrees to):

(1) comply with these Terms, all applicable Laws, and our reasonable requests;

(2) provide us (and our Personnel) with access to any relevant premises (and its facilities) as is reasonably necessary for us to provide the Services, free from harm or risk to health or safety at the times and on the dates reasonably requested by us or as agreed between the Parties;

(3) provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and

(4) not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

(b) You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 4.

Price and payments

(a) In these Terms, the Price means the price paid by you in respect of the Services as set out in a Quote. You must pay us the Price in accordance with this clause and clause 2. All amounts are stated in pounds sterling, being the currency of the United Kingdom from time to time, and are inclusive of value added tax (or any equivalent tax in the UK), where applicable.

(b) You will not be entitled to any part of the Services until the Price has been paid for each new Block.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) We offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(e) If any payment has not been made in accordance with these Terms, we may (at our absolute discretion):

(1) after a period of 5 business days, cease providing the Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so (including reasonable legal fees, debt collector fees and mercantile agent fees); and/or

(2) charge interest at a rate equal to 2% above the Bank of England’s base rate, from time to time, but at 2% a year for any period when that base rate is below 0% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date of payment in accordance with these Terms.

Change of mind cancellations

(a) Subject to clauses 6(b) and 6(c), you may cancel the Services within 14 days of the Commencement Date (Cancellation Period).

(b) Unless you expressly request us to commence the provision of the Services during the Cancellation Period, we will not commence the provision of the Services during the Cancellation Period. Where you expressly request us to commence the provision of the Services during the Cancellation Period, you will lose your right to cancel the Services if the relevant Services are fully performed by us.

(c) If you exercise your right to cancel the Services under this clause 6, you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel the Services, which will be proportionate to the full Price for the relevant Services for the whole of the Term.

(d) If you want to cancel the Services, you should email us using the contact details at the start of these Terms, and you may use the Model Cancellation Form at Attachment 1.

(e) Subject to clauses 6(b) and 6(c), where you have paid any part of the Price upfront and have cancelled the Services in accordance with this clause 6, we will provide you with a refund of the amount paid to us within 14 days of you telling us that you have changed your mind.

Limitations on and exclusions to our liability

(a) The restrictions on liability in this clause 7 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

(b) Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

(1) death or personal injury caused by negligence;

(2) fraud or fraudulent misrepresentation; and

(3) defective Services under the Consumer Protection Act 1987.

(c) Subject to clause 7(b) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

(1) we only supply the Services for domestic and private use to consumers. Where you use the Services for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;

(2) if either party fails to comply with these Terms, neither party will be responsible for any losses that the other party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms;

(3) a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and

(4) without limiting your right to cancel these Terms under clause 6, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Services) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity. You must not, without our prior written consent:

(1) copy (in whole or in part) any of Our Intellectual Property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3) breach any intellectual property rights connected with the Services.

Confidential Information

(a) Subject to clause 9(b), each party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under this Agreement) or permit any unauthorised use of, information provided by the other party, including information about this Agreement and the other party’s business and operations.

(b) Clause 9(a) does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that the disclosing party ensures the adviser complies with the terms of clause 9(a).

Termination

(a) You may request to cancel the Services at any time by notifying us via email or WhatsApp. Your cancellation will take effect from the end of the current Block. Where your Block renews on an annual basis, your cancellation will take effect immediately, and we will provide you with a refund of any amounts that you have paid upfront for Services that you will not be receiving on a pro-rata basis.

(b) These Terms will terminate immediately upon written notice by a party (Non-Defaulting Party) if:

(1) the other party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(2) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

(1) we will immediately cease providing the Services;

(2) any payments made by you to us for Services are not refundable to you;

(3) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms; and

(4) we may retain your documents and information (including copies) to the extent required by law or pursuant to any information technology back-up procedure, provide that we handle your information in accordance with these Terms.

(d) Termination of these Terms will not affect any rights or liability that a party has accrued under it.

(e) This clause will survive the termination or expiry of these Terms.

General

(a) Amendment: We may change these terms and conditions at any time by posting a new version on our site and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective date shown.

(b) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(c) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

(d) Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(e) Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(f) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(g) Governing law: These Terms are governed by the laws of England and Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(h) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(i) Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under this Agreement and that we are liable for the acts and omissions of our subcontractor.

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