TERMS OF WEBSITE USE

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

TERMS OF WEBSITE USE

 

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website mb3productions.com (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

 

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.

 

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

 

If you do not agree to these terms of use, you must not use our site.

 

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site :

 

Our PRIVACY POLICY , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

Our ACCEPTABLE USE POLICY , which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

 

Our COOKIES POLICY , which sets out information about the cookies on our site.

 

If you purchase goods and services from our site, our TERMS AND CONDITIONS OF SUPPLY will apply to all sales.

Changes to these terms

 

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

Changes to our site

 

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

 

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

Accessing our site

 

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

 

You are responsible for making all arrangements necessary for you to have access to our site.

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Your account username and password

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

 

Intellectual property rights

 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

 

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

No reliance on information

 

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

Limitation of our liability

 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

 

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with :

 

  1. use of, or inability to use, our site; or

  2. use of or reliance on any content displayed on our site.

 

If you are a business user, please note that in particular, we will not be liable for :

 

  1. loss of profits, sales, business, or revenue;

  2. business interruption;

  3. loss of anticipated savings;

  4. loss of business opportunity, goodwill or reputation; or

  5. any indirect or consequential loss or damage.

 

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

 

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods and services , which are set out in our TERMS AND CONDITIONS OF SUPPLY.

 

Viruses

 

We do not guarantee that our site will be secure or free from bugs or viruses.

 

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

 

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link to our site in any website that is not owned by you.

 

Our site must not be framed on any other site.

 

We reserve the right to withdraw linking permission without notice.

 

The website in which you are linking must comply in all respects with the content standards set out in our ACCEPTABLE USE POLICY.

 

If you wish to make any use of content on our site other than that set out above, please contact us.

 

Third party links and resources on our site

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

 

We have no control over the contents of those sites or resources.

 

Applicable law

 

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

 

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Contact us

 

To contact us, please use the email address mentioned on the Contact Us page of this website.

 

Thank you for visiting our site.

 

ACCEPTABLE USE POLICY

 

Acceptable Use

 

This acceptable use policy sets out the terms between you and us under which you may access our website “mb3productions.com” (our site). This acceptable use policy applies to all users of, and visitors to, our site.

 

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our TERMS OF WEBSITE USE.

 

Prohibited uses

 

You may use our site only for lawful purposes. You may not use our site :

 

  1. In any way that breaches any applicable local, national or international law or regulation.

  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

  3. For the purpose of harming or attempting to harm minors in any way.

  4. To transmit, or procure the sending of, any unsolicited or un-authorised advertising or promotional material or any other form of similar solicitation (spam).

  5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree :

 

  1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our TERMS OF WEBSITE USE.

  2. Not to access without authority, interfere with, damage or disrupt :

i) any part of our site;

ii) any equipment or network on which our site is stored;

iii) any software used in the provision of our site; or

iv) any equipment or network or software owned or used by any third party.

 

Suspension and termination

 

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this acceptable use policy constitutes a material breach of the TERMS OF WEBSITE USE  upon which you are permitted to use our site, and may result in our taking all or any of the following actions :

 

  1. immediate, temporary or permanent withdrawal of your right to use our site.

  2. immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

  3. issue of a warning to you.

  4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  5. further legal action against you.

  6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

Changes to the Acceptable Use Policy

 

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

 

PRIVACY POLICY

 

Privacy Policy

 

We are committed to protecting and respecting your privacy.

 

This policy (together with our TERMS OF WEBSITE USE) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

 

Information we may collect from you

 

We may collect and process the following data about you :

 

  1. Information that you provide by filling in forms on our site mb3productions.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. 


  2. If you contact us, we may keep a record of that correspondence.

  3. 
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

  4. Details of transactions you carry out through our site and of the fulfilling of your orders.

  5. 
Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

 

IP addresses

 

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

 

Cookies

 

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our COOKIES POLICY.

 

Storage and Transmission of Personal Data

 

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

 

Uses of Information

 

We use information held about you in the following ways :


 

  1. To ensure that content from our site is presented in the most effective manner for you and for your computer.


  2. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

  3. To carry out our obligations arising from any contracts entered into between you and us.

  4.  To allow you to participate in interactive features of our service, when you choose to do so.


  5.  To notify you about changes to our service.

  6. We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by e-mail or SMS.

  7. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

  8. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

  9. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please let us know.

  10. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 200 women aged over 20 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

 

Disclosure of your information

 

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

 

We may disclose your personal information to third parties :

 

  1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

  2. If We or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.

  3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our TERMS OF WEBSITE USE or TERMS AND CONDITIONS OF SUPPLY and other agreements; or to protect the rights, property, or our safety, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

 

Your rights

 

You have the right to ask us not to process your personal data for marketing purposes at any time by contacting us.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

Access to information

 

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

 

Changes to our privacy policy

 

Any changes we may make to our privacy policy in the future will be posted on this page.

 

COOKIES POLICY

 

Information about our use of cookies

 

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

 

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

 

We use the following cookies :

 

  1. Strictly necessary cookies

 

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.


 

ii) Analytical/performance cookies

 

They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.


 

  1. Functionality cookies

 

These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

 

  1. Targeting cookies

 

These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

 

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

 

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

 

SUPPLY OF PRODUCTS AND SERVICES

 

TERMS & CONDITIONS FOR SUPPLY OF PRODUCTS AND SERVICES

 

This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products and services (Products) listed on our website (our site) to you.

 

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms.

 

We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms are current as of  September 30, 2016.

 

These Terms, and any Contract between us, are only in the English language.

 

Our Products

 

a)
          The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary from those images.

 

b)   The packaging of the Products may vary from that shown on images on our site.

 

c)   All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

 

Use of our site

 

Your use of our site is governed by our TERMS OF WEBSITE USE and ACCEPTABLE USE POLICY. Please take the time to read these, as they include important terms which apply to you.

 

How we use your personal information

 

We only use your personal information in accordance with our PRIVACY POLICY. For details, please see our PRIVACY POLICY. Please take the time to read these, as they include important terms which apply to you.

 

If you are a consumer 

 

This clause only applies if you are a consumer.

a)
 you may only purchase Products from our site if you are at least 18 years old.

 

b)   As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

If you are a business customer

 

This clause only applies if you are a business.

 

a)   If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

 

b)   These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

 

Our Contractual Relationship

 

a)   After you place an order, you may receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

 

b)   We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

 

d) 
If we are unable to supply you with a Product or Service, we will inform you of this by e-mail and we will not process your order. If you have already paid for such Product or Service, we will refund you any agreed amount as soon as possible.

 

Our right to vary these terms

 

We may revise these Terms from time to time in the following circumstances :

 

  1. changes in how we accept payment from you;

  2. changes in relevant laws and regulatory requirements.

 

Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us.

 

Whenever we revise these Terms, we will update this section of our website.

 

UK Delivery

 

Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

 

Delivery will be completed when we deliver the Products to the address you gave us and by means we have mutually agreed.

 

The Products will be your responsibility from the completion of delivery.

                                    .

International delivery

 

We deliver globally, however if you order Products from our site for delivery to an International Delivery Destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

 

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

 

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

 

Price of products and delivery charges

 

The prices of the Products will be as quoted to you as part of project discussion and scope of activity.

 

Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

 

The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

 

The price of a Product does not include delivery charges. Our delivery charges will be quoted to you separately dependent upon the delivery mode, destination and the product format.

 

Our site contains a large number of Products. It is your responsibility to ensure which product or service suits your need and requirements.

 

Payments

 

Payment for the Products and all applicable delivery charges is in advance. We will not charge you until we accept your order.

                                   

Events outside our control

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below :

 

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract :

  • we will contact you as soon as reasonably possible to notify you; and

  • our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

                                   

Communications between us

 

When we refer, in these Terms, to “in writing”, this will include e-mail.

 

If you are a consumer, in order to cancel a Contract in accordance with your legal right to do so, you must contact us in writing by sending an e-mail to the address mentioned on CONTACT US page of our website. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.

                                   

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

 

If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

Other important terms

 

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

 

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

 

This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

 

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

 

If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

COLLABORATIONS & PROMOTIONS

 

TERMS & CONDITIONS FOR COLLABORATIONS & PROMOTIONS

 

It is important that you read these terms and conditions before entering any of our productions or collaborating with us on any of our projects including original songs, cover songs, instrumentals, beats, compositions, song writing, poetry, mixes,  re-mixes, musical performances (whether live or recorded) and videos.

 

  1. All productions created by Us or on Our behalf, whether on our website, through Social Media platforms, or elsewhere, are subject to these rules (the “Usual Production Rules”). In the event of conflict between the Usual Production Rules and any specific rules published for a particular production (“Specific Rules”), then unless otherwise expressly stated these Usual Production Rules shall prevail. By participating in any of Our production, you are deemed to accept these Usual Production Rules and any applicable Specific Rules, together with any terms and conditions of any relevant third party.

 

  1. We accept no liability for any promotion of a third party featured by Us on our website (for example), such third party being responsible for the fulfillment of that promotion, and We accept no responsibility or liability for any act or omission of the relevant third party promoter.

 

  1. In productions that require entrants/collaborators to submit images, videos or other media the following terms apply :

 

  1. The entrant /collaborator is 18 years of age and is submitting all images, pictures and videos with his/her full consent.

 

  1. The entrant/collaborator is the individual submitting the media (i.e., the person who owns the material being submitted or recorded). If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the final content or any part thereof.

 

  1. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant/collaborator entering our productions or associated promotions (if any). We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or failure of an entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage (reputational, business, career, technical or otherwise) to an entrant / collaborator, OR any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in relation to Our production and promotion.

 

  1. Entrants must ensure that any person or persons whose image has been used in the relevant promotion entry has given valid consent for the use of their image or video or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to Our satisfaction will result in Us declining to enter such submission for any promotion.

 

  1. In consideration of Us granting entrants a right to appear on one of our productions (whether original covers beats instrumentals etc,), each entrant automatically hereby grants Us an irrevocable, exclusive, royalty-free, world wide license for the full period of copyright to use, alter, adapt or sub-license such rights to any third party the sound, voice, lyrics, poetry, poems, verses, rap sheets, music, images, videos or other media submitted by the entrant in respect of the relevant production, in any and all media. The entrant / artist / contributor  agrees to waive any moral rights s/he may have in the sound, voice, lyrics, poetry, poems, verses, rap sheets, music, images, videos or other media submitted by the entrant/artist/contributor. Where relevant, you agree to assign to Us any copyright subsisting in any entries you make to a promotion. All entries are published at our sole discretion.

 

  1. In consideration of Us granting any artist/singer/songwriter, rapper/poet/musician (hereinafter collectively referred to as “You”), an opportunity to appear in one or more of Our productions,  in respect of the recording of Your performance (audio and video) in connection with Our production :

 

  • You irrevocably give and confirm to Us in respect of Your performance, all necessary consents required pursuant to the Copyright, Designs and Patents Act 1988 Part II and any other laws now or in future in force in any part of the world for the sole and exclusive world-wide exploitation by Us, Our successors, assigns and licensees of Your performance in any and all media by any means now known or developed in future, and You assign to Us the copyright and all other rights to and in the product of Your services rendered in connection with such performance TO HOLD to Us without reservation for Our own use and benefit and that of Our successors, assigns and licensees absolutely throughout the world for the full period of copyright including all renewals, reversions and any extensions created or provided by the law of any country, and You confirm the irrevocable and unconditional waiver of all rights which You may have pursuant to the Copyright, Designs and Patents Act 1988 Sections 77, 80, 84 and 85 and any other moral rights provided for under the laws now or in future in force in any part of the world.

 

  • You undertake, warrant and agree that you :

 

a)  shall execute any and all deeds and documents and take such steps as are necessary to secure to Us the rights granted to Us;

b)  have attained the age of 18 and are free to enter into this Agreement and have not and shall not enter into any agreement which may conflict with it;

c)  shall keep confidential all matters connected with Our production and Our Agreement with You;

d)  shall not be entitled to any credit in respect of your performance, unless we decide to give You that credit at Our sole discretion in any media or forum;

 

  • There shall not be any obligation on Us to produce records or other devices embodying Your performance or for Us to include Your performance in these productions or for Us to exploit or continue to exploit such records or other devices.

 

  • We shall be free to assign, sub-license or otherwise deal with the whole or any part of Our rights in the record.

 

  • This Agreement shall be governed by and construed in accordance with the laws of England and Wales, the courts of which shall be courts of competent jurisdiction.

 

LICENSING SONGS, INSTRUMENTALS AND BEATS

 

TERMS & CONDITIONS FOR LICENSING OUR SONGS,  INSTRUMENTALS & BEATS

 

Limited Leasing Rights (LLR)

 

  • You are allowed to use the Limited Lease Recording (“LLR”) for one commercial release or broadcast (single, mix-tape, EP or album) including radio play.

  • The commercial release of “LLR” can be distributed at your price for up to 2,000 copies in any part of the world.

  • Selling more than 2,000 copies of “LLR” is strictly prohibited and is only allowed in case of Exclusive Leasing Rights (refer to relevant section below).

  • You have unlimited use of the “LLR” for non-profit, charity and promotional purposes only.

  • You do not have the right to use the “LLR” for profitable concerts/gigs, videos or air-play.

  • You are not allowed to re-sell any of “LLR” purchased by you from Us.

  • You can not receive royalties from the sale or download of “LLR”.

  • The “LLR” shall be delivered to you via email or download link upon receipt of full payment in the form of cleared funds into Our designated bank account.

  • In the event that someone else buys and Exclusive Lease Rights to the song, instrumental or beat which you have leased  under Limited Rights, you shall still have the right to continue to use the song, instrumental or beat in the manner specified in this section titled “Limited Lease Rights”.

  • You must give full credit to “MB3 Productions” on all commercial and promotional releases.

  • We still own all rights to the song, instrumental and the beat including its arrangement.

 

Exclusive Leasing Rights (ELR)

  • unlimited profitable use on any medium (no distribution limit)

  • you have full rights to record, alter, mix Our recording (s) in any shape, way, or form

  • you are not allowed to re-sell Our recording (s)

  • you can receive your share of royalty based upon your contribution level from the sale of records and downloads derived from Our recording

  • you must give full credit to the "MB3 Productions" as the music producer, composer and writer of the recording (s) on all commercial, promotional and charitable releases including but not limited to online digital platforms and radio broadcasts whether internet based or fixed wave radio stations. 

 

General

-      by making a payment You declare that You are fully aware of the terms & conditions and accept and agree to these

-      You are responsible for clearing all samples that you may choose to use.  We as the licensor can not and will not be held liable for the misuse of any sampled material that the licensee uses in          conjunction with the original instrumental composition that is being licensed in this agreement

-      You are not  allowed to re-sell any of our songs, compositions, instrumentals, beats, tracks and recordings in any form

-      changes to Our recordings that affect its sound structure are not allowed, except length changes

-      it is also not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for other compositions

-      any of Our recordings and productions may not be uploaded on any website without Our permission

-      We own full and complete copyrights to every recording offered on this website

We reserve the right to initiate legal action and enforce law to its fullest possible extent if we find or suspect anyone abusing, disrespecting or violating these terms & conditions.

 

SERVICES TO BUSINESSES

 

TERMS & CONDITIONS FOR SUPPLY OF SERVICES TO BUSINESSES


 

Definitions

 

The terms I, We, Our, Us refers to our brand MB3 and MB3 Productions.

 

Product : the product We create for you as a result of the Services, as set out in the Order

 

Services : the services that We are providing to you as set out in the Order;

 

Terms : the terms and conditions set out in this document;

 

Charges : the charges payable by the Customer for the supply of our Products and Services

 

Commencement Date : the date of order acceptance by us

 

Conditions : these terms and conditions as amended from time to time

 

Contract : the contract between us and the Customer for the supply of Products and Services in accordance with these Conditions.

 

Customer : the person or firm who purchases Products and Services from us.

 

Business Day : a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

 

Customer: the person or firm who purchases Services from us.

 

Deliverables: the deliverables set out in the Order Acceptance.

 

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

 

Order: the Customer’s order for Services as set out by the Customer in writing, or the Customer’s written acceptance of a quotation by us, or overleaf, as the case may be.

 

Services: the services, including the Deliverables, supplied by us to the Customer as set out in the Specification.

 

Specification: the description or specification of the Services provided in writing.

 

Rules

 

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

 

A reference to a party includes its personal representatives, successors or permitted assigns;

 

A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

 

Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

 

A reference to writing or written includes letters, faxes and e-mails.

Basis of contract

 

The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

 

The Order shall only be deemed to be accepted when we issue written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).

 

The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on our behalf which is not set out in the Contract.

 

Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues, brochures, websites, online or physical marketing material are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

 

These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Any quotation given by us shall not constitute an offer, and is only valid for a period of 14 Business Days from its date of issue.

 

Supply of Services

 

We shall supply the Services to the Customer in accordance with the Specification in all material respects.

We shall use all reasonable endeavors to meet any performance dates specified in the Order, but any such dates shall be estimates only and time shall not be of the essence for performance of our Services.

 

We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and We shall notify the Customer in any such event.

 

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

 

Customer’s obligations

 

The Customer shall :

 

  • ensure that the terms of the Order [and any information it provides in the Specification] are complete and accurate;

  • co-operate with us in all matters relating to the Services;

  • provide us, our employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by us;

  • provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;

  • prepare the Customer’s premises for the supply of the Services;

  • obtain and maintain all necessary licenses, permissions and consents which may be required before the date on which the Services are to start;

  • keep and maintain all materials, equipment, documents and other property belonging to us at the Customer’s premises in safe custody at its own risk, maintain our Materials in good condition until returned back to us, and not dispose of or use our Materials other than in accordance with our written instructions or authorization; and

                                   

If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default) then :

 

  • we, without limiting our other rights or remedies, have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays our performance of any of its obligations;

  • we shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from our failure or delay to perform any of our obligations as set out here;

  • the Customer shall reimburse us on written demand any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.

                                   

Charges and Payments

 

Our charges shall be calculated in accordance with our rates, as set out in our quotation.

 

Our standard hourly/daily/job fee rates for each individual are calculated on the basis of an eight-hour day worked on Business Days;

 

We shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom we engage in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by us for the performance of the Services, and for the cost of any materials.

                                   

We shall invoice the Customer upon receipt of the Order.

 

The Customer shall pay each invoice submitted by Us within 14 (fourteen) days of the date of the invoice; and in full and in cleared funds to a bank account nominated in writing by us, and time for payment credited as cleared funds shall be of the essence of the Contract.

                                   

All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by us to the Customer, the Customer shall, on receipt of a valid VAT invoice from us, pay us such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

 

Without limiting any other right or remedy of ours, if the Customer fails to make any payment due to us under the Contract by the due date for payment (Due Date), we shall have the right to charge interest on the overdue amount at the rate of 6 (six) per cent per annum above the then current Bank of England’s base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.

 

The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by the Customer against any amount payable by us to the Customer.

Intellectual Property Rights

 

All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by us.

 

The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on us obtaining a written license from the relevant licensor on such terms as will entitle us to license such rights to the Customer.

 

All Materials are the exclusive property of us.

 

Confidentiality

 

A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors on a need-to-know basis and specifically for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause shall survive termination of the Contract.

 

Limitation of liability

 

We shall under no circumstances whatever, be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;

 

and

 

Our total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the cost of the service provided, as detailed in the Specification and/or Order.

 

The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

                                   

This clause shall survive termination of the Contract.

 

Termination

 

Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if :

 

  • the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 (fourteen) days of that party being notified in writing of the breach;

  • the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

  • the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors [other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

  • a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

  • the other party (being an individual) is the subject of a bankruptcy petition or order;

  • a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

  • an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

  • a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

  • a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; 

  • any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in above clauses;

  • the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or

  • the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

  • Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.

  • Without limiting our other rights or remedies, each party shall have the right to terminate the Contract by giving the other party 30 (thirty) days written notice.

  • Without limiting our other rights or remedies, we shall have the right to suspend provision of the Services under the Contract or any other contract between the Customer and us if the Customer becomes subject to any of the events listed in above clauses, or we reasonably believe that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

Consequences of termination

 

On termination of the Contract for any reason :

 

  • the Customer shall immediately pay us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted yet, we shall submit an invoice, which shall be payable by the Customer immediately on receipt;

 

  • the Customer shall return all of our Materials and any Deliverables which have not been fully paid for. If the Customer fails to do so, then we may enter the Customer’s premises and take possession of these items. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose;

 

  • the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

 

  • clauses which expressly or by implication have effect after termination shall continue in full force and effect.

 

General

 

Force majeure

 

For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving Our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

 

We shall not be liable to the Customer as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.

 

If the Force Majeure Event prevents us from providing any of the Services for more than 4 (four) weeks, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

                                   

Assignment and subcontracting

 

We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.

 

The Customer shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

                                   

Notices

 

Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by email to the other party’s main designated email address.

 

Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 11.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by email on the next Business Day after transmission.

 

This clause shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of any proceedings or legal action, “writing” shall not include e-mail or fax transmission, and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail or fax.

Waiver

 

A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

 


Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

                                   

Severance

 

If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

 

If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

                                   

No partnership

 

Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

 

Third parties

 

A person who is not a party to the Contract shall not have any rights under or in connection with it.

 

Variation

 

Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by us.

 

Governing law and jurisdiction

 

This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

 

 

SERVICES TO CONSUMERS

 

TERMS & CONDITIONS FOR SUPPLY OF SERVICES TO CONSUMERS

 

Definitions

 

The terms I, We, Our, Us refers to the brand MB3 and MB3 Productions.

 

Product : the product We create for you as a result of the Services, as set out in the Order

 

Services : the services that We are providing to you as set out in the Order;

 

Terms : the terms and conditions set out in this document;

 

Business Day : a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

 

Charges : the charges payable by the Customer for the supply of our Products and Services

 

Commencement Date : the date of order acceptance by us

 

Conditions : these terms and conditions as amended from time to time

 

Contract : the contract between us and the Customer for the supply of Services in accordance with these Conditions.

 

Customer : the person or firm who purchases Products and Services from us.

 

Intellectual Property Rights : all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

 

Order : the Customer’s order for Services as set out by the Customer in writing, or the Customer’s written acceptance of a quotation by us, as the case may be.

 

Services: the services, including the Deliverables, supplied by us to the Customer as set out in the Specification.

 

Specification: the description or specification of the Services provided in writing.

 

When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

Rules of Our Contract

 

These are the terms and conditions on which We supply our Products and Services to you.

 

Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.

 

When you sign and submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place only through a writing confirmation. If We are unable to supply you with the Services, We will inform you of this in writing and We will not process the Order.

 

These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.

 

If any of these Terms conflict with any term of the Order, the Order will take priority.

 

We shall assign an order number to the Order and inform you of it when We confirm the Order.

 

Please quote the order number in all subsequent correspondence with Us relating to the Order.

 

Changes to order or terms

 

We may revise these Terms from time to time in the following circumstances :

 

  1. changes in how We accept payment from you;

  2. changes in relevant laws and regulatory requirements; and/or

  3. changes in how We provide Products and/or Services.

                                   

You may make a change to the Order for Services at any time before the start date for the Services, provided no work has already been undertaken in preparation of Our delivery of the Services, by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing.                                   

 

Services Provision

 

We will supply the Services to you from the date agreed between Us in writing until the estimated completion date set out in the Order.

 

We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control.                  

 

We may need certain information from you that is necessary for Us to provide the Services. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.

 

We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended but this does not affect your obligation to pay for any invoices We have already sent you.

 

If you do not pay Us for the Services when you are supposed to, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest at the rate of 6% p.a. over and above the Bank of England base rate.

 

If We design and / or create the Product for you, We will own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings or illustrations We make in connection with the Product for you.

 

In the unlikely event that there is any defect with the Services [or Product] please contact Us within 3 (three) working days and tell Us specifically about the issues / defects with the product. Please give Us a reasonable opportunity to repair or fix any defect; and We will use every effort to repair or fix the defect as soon as reasonably practicable, and in any event, within fourteen days from the receipt of information about defect from you.

 

You will not have to pay for Us to repair or fix a defect with the Services [or Product] under this clause. Please note that this clause relates only to defective or faulty Services or Products, and is not applicable to subjective interpretations (for example, in the case of music arrangements, compositions, lyrical interpretations, words, phrases, sounds, beats, programming outcomes, sound mixes, audio mastering and such like).


 

Price and payment

 

The price of the Services will be set out as per Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.

 

These prices exclude VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.

 

Where We are providing Services to you, We may ask you to make a non-refundable advance payment of 50% of the price of the Services. We will invoice you for the balance of the Services on or any time after We have performed the Services. Each invoice will quote the Order number. You must pay each invoice in cleared funds in full prior to taking delivery of the Product / Service.

 

If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.                               

 

Limitation of liability

 

We shall under no circumstances whatever, be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;

 

and

Our total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the cost of the service provided, as detailed in the Specification and/or Order.

 

The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

                                   

This clause shall survive termination of the Contract.

 

Events Outside Our Control

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

 

An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

 

If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms :

 

We will contact you as soon as reasonably possible to notify you; and

 

Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

                                   

Contract Cancellation Rights of Customers

 

 Your rights to cancel are mentioned below :

 

Before We begin to provide the Services, you have right to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control. Please note that your 50% advance payment is non-refundable in case of cancellation.

 

If you cancel an Order after work has begun (our Order Acceptance Date), you will still be liable for the cost of services rendered by Us from the time we started work on your project up until the date of receipt of your cancellation instructions in writing. You agree to settle all invoices we may send you for the work carried out by Us up until the date of cancellation.                           

 

Our Cancellation Rights

 

We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.

 

If We have to cancel an Order under clause and you have made any payment in advance for Services that have not been provided to you (excluding the 50% advance payment), We will refund these amounts to you.

 

Where We have already started work on your Order for Services by the time We have to cancel due to Events Outside Our Control or due to unavailability of key personnel or due to any technical reasons, We will not charge you anything and you will not have to make any payment to Us for the period the Services remained suspended.

                                   

We may cancel the contract for Services at any time with immediate effect by giving you written notice if :

 

  • you do not pay Us when you are supposed to. This does not affect Our right to charge you interest; or

  • you break the contract in any other material way and you do not correct or fix the situation within fourteen days of Us asking you in writing

  • we have reasonable grounds to believe that provision of services to you can amount to breach of local or international laws and regulations

  • we have reasonable grounds to believe that provision of services to you can adversely impact our reputation or our business and its image

                                   

Information about how to contact us

 

If you have any questions or if you would like to discuss your specific requirements in connection with provision of Our Services and Products, please contact Us using the email address and telephone number mentioned on our Contact Page of this website.                          

 

How we may use your personal information

 

We will use the personal information you provide to Us to :

 

  • provide the Services;

  • process your payment for such Services; and

  • inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

                                   

Other important terms

 

We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

 

You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

 

This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

 

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.