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 7 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.
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
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.
You accept these Terms by checking the box.
The Terms apply from when you have accepted these terms in accordance with clause 1(b) and continue until we have completed the supply of the Services to you, as reasonably determined by us.
Subscriptions
We may offer certain Services on an ongoing subscription basis (Subscription). You may purchase a Subscription by paying the Price for the Subscription outlined on our Quote in advance on a monthly or annual basis, or some other recurring interval disclosed to you prior to your payment of the Price (Billing Cycle).
Your Subscription will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Price in connection with each subsequent Billing Cycle unless and until you cancel your Subscription in accordance with clause 11(a).
Your Subscription 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 purchase a Subscription.
We may need to change what is available as part of your Subscription (for example, the inclusions or exclusions) from time to time. If we change what is available as part of your Subscription, 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 Subscription. If the changes adversely affect your enjoyment of the Subscription, you may cancel your Subscription with effect from the date we apply the changes to your Subscription by providing written notice to us. If you cancel your Subscription, (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.
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 your subscription. If the updated Price is not acceptable to you, you may cancel your Subscription by providing written notice to us. If you cancel your Subscription, (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.
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
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 Subscription, 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.
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.
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.
Where a Standing Lesson is cancelled by us, or where you provide us with notice to cancel a Standing Lesson in accordance with clause 4(c), 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.
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.
Where you do not provide us with notice to cancel a Standing Lesson in accordance with clause 4(c), 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
• You agree to (and to the extent applicable, ensure that your child agrees to): comply with these Terms, all applicable Laws, and our reasonable requests;
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;
provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.
You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 5.
Price and payments
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 exclusive of value added tax (or any equivalent tax in the UK), where applicable.
You will not be entitled to any part of the Services until the Price has been paid for each new Billing Cycle.
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.
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.
If any payment has not been made in accordance with these Terms, we may (at our absolute discretion):
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
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
Subject to clauses 7(b) and 7(c), you may cancel the Services within 14 days of the Commencement Date (Cancellation Period).
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.
If you exercise your right to cancel the Services under this clause 7, 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.
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.
Subject to clauses 7(b) and 7(c), where you have paid any part of the Price upfront and have cancelled the Services in accordance with this clause 7, 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
The restrictions on liability in this clause 8 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.
Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; and
defective Services under the Consumer Protection Act 1987.
Subject to clause 8(b) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
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;
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;
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
Without limiting your right to cancel these Terms under clause 7, 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
ll 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.
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.
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:
copy (in whole or in part) any of Our Intellectual Property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with the Service
Confidential Information
Subject to clause 10(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.
Clause 10(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 10(a).
Termination
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 Billing Cycle where you are on a monthly Subscription. Where you are on an annual Subscription, 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.
These Terms will terminate immediately upon written notice by a party (Non-Defaulting Party) if:
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
the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
Upon expiry or termination of these Terms:
we will immediately cease providing the Services;
any payments made by you to us for Services are not refundable to you;
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
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.
Termination of these Terms will not affect any rights or liability that a party has accrued under it.
This clause will survive the termination or expiry of these Terms.
General
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.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
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.
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).
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.
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.
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.
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.
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.
Last update: 26 September 2024
© LegalVision Law UK Ltd
7ATTACHMENT 1 – MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.
