These terms
and conditions will apply to the provision of services
by Music-Connect and by using
their services you shall be deemed to accept that the
contract shall be governed by this agreement:-
1. Definitions
"provider":- means
Music-Connect or such successor or substitute
provider of the service
as they may authorise.
"service":- means an
entry in Music-Connect
"the annual subscription":-
means the appropriate sum for the entry
instructed by you or
such substitute amount as the provider may from time
to time charge which sums shall be payable for a maximum
period of entry in Music-Connect of 365 days.
"the repeat subscription":-
means the appropriate sum for the entry
instructed by you or
such substitute amount as the provider may from time
to time charge, which shall be payable by you annually
on the anniversary of the date on which your entry was
hosted in Music-Connect, being the payment
for the year following, unless and until this agreement
has been terminated as after provided for.
"the duration":- means
the period from and including the commencement date
of the service until
written intimation (including intimation by e-mail) is
given by either party on fourteen days notice that they
are bringing this agreement to an end.
2. Provider's obligations
The provider will provide the service
for the duration. Membership with Music-Connect is at
the discression of the management.
3. Your obligations
You will
(i) pay on demand the subscription and the repeat subscription
as and when they may become due.
(ii) provide the provider with your calling line identity
when requested by the provider.
4. Prices
All prices listed within Music-Connect are quoted in
UK pound sterling and exclude VAT at the standard rate.
5. Payment
(i) Payments must be made in £ Sterling only, unless
otherwise specified using any of the cards shown here.
You can also use Switch, Visa Delta, JCB, Solo, Visa
Electron and MasterCard. When you have completed your
selections you
are automatically
transferred to our secure server.
(ii) As soon as the transaction is confirmed Music-Connect
receives an authorisation code.
(iii) The secure server is acknowledged as an industry
standard for applications requiring a high degree of
security.
(iv) After placing an order the Member will receive
an e-mail confirmation of payment.
6. Prohibitions
You will not :-
(i) send or receive any material which is offensive or
which the provider believes may be abusive, indecent,
obscene or menacing or in breach of confidence, copyright,
privacy or any other rights;
(ii) do anything which is contrary to the acceptable
use policies of any connected networks and internet standards;
(iii) insert or knowingly or recklessly transmit or distribute
a virus;
(iv) attempt to enter into the "administration area",
or "hack" into any aspect of
the service ;
(v) circumvent or seek to circumvent any security safeguard
of the provider or any of its suppliers;
(vi) carry out any act which may be likely to cause annoyance
to the provider or to any other users of the service
or to others;
(vii) use any material, logo, or name for your entry
into Music-Connect or take any other action
which would be an infringement upon the rights of the
provider
or others;
(viii) carry out any act with the intention or result
or affecting the performance of functionality of any
computer facilities;
(ix) permit any third party to do any of the above;
7. Content
The entry in Music-Connect
shall be in accordance with the information, text, graphics
and any other media supplied by you. If you require Music-Connect
to alter, any text, images or media this can
be provided for an additional
fee.
The provider reserves the right to charge and additional
fee for any extensive re-designing of the web page instructed
by you.
8. No warranty
The provider makes no representation or warranty of
any kind with respect to the service supplied to you.
In addition neither the provider nor its third party
contractors nor any other contributor to the service
makes any representation or gives any warranty, condition,
undertaking or term either express or implied as to the
condition, quality, performance, accuracy, suitability,
fitness for purpose, completeness or freedom from viruses
of the content or software supplied in connection with
the service or that any such content or software will
be accurate, up to date, uninterrupted or error free.
The provider is not liable to you either in contract,
delict or otherwise for the acts or omissions of other
services (including domain name registration authorities)
or for the faults and failures in their equipment
9. Indemnity
(a) You acknowledge that you are solely responsible
for the use to which you put the service and all information,
data and results you obtain from it and that all warranties,
conditions, undertakings, representations and terms whether
expressed or implied, statutory or otherwise are hereby
excluded to the fullest extent permitted by law.
(b) Save in respect of liability for death or personal
injury arising out of negligence the provider and all
contributors to the service hereby disclaim and exclude
to the fullest extent permitted by law all liability
for all loss and damage whatsoever and howsoever incurred,
including any consequential, special, secondary or indirect
loss or damage or any damage to good will or profits
or any loss of anticipated savings incurred by you whether
arising in delict contract or otherwise and arising out
of or in relation to or in connection with your access
to or use of, or inability to use the service or in connection
with the service or in connection with any failure of
performance error, omission, interruption, defect delay
in operation or transmission, computer virus or line
or system failure.
(c) The provider makes no warranty, express or implied
as to any goods, services or information received through
or advertised on the service, and does not act as agent
for any person, company or organisation.
(d) You undertake to indemnify the provider from and
against all losses, liabilities, damages, costs, expenses,
actions and claims suffered or incurred by the provider
and/or its employees and/or agents arising out of or
in connection with any breach by you of these terms and
conditions.
10. Variation of content
The provider reserves the right in its absolute discretion
at any time and without notice to remove, amend or vary
any of the contents supplied in connection with the service.
11. Intellectual Property Rights
"Music-Connect" is
a service mark of the provider. Nothing contained
in these conditions shall be construed as conferring
a licence of the provider or any other parties intellectual
property rights.
12. Termination
The provider may terminate this agreement
and the service or suspend or all part of the service
by immediate notice
if you are in breach of any of the terms of this agreement
without refund.
13. Entire Agreement These terms and conditions and attached
schedule set out the whole of our agreement relating
to our supply
of the service. They cannot be varied except in writing
by a Director of the provider. In particular nothing
said by any sales person on behalf of the provider should
be understood as a variation of these terms and conditions
or as an authorised representation about the service
or the nature and quality of items displayed thereon.
The provider shall have no liability for any such representation
being untrue or misleading.
14 Rights to vary these terms The
provider shall have the right to make such reasonable
variations to these terms and conditions as they consider
are required, said variations to take effect on e-mail
or other intimation to you.
15. Data Protection Act 1988 You
have certain rights to see any information which we hold
on you by paying a fee. Details
on how to do
this are available from us. If any information held is
inaccurate, we will make the appropriate changes and
confirm this to you.
16. Governing Law These terms and conditions shall be
governed by and interpreted in accordance English Law
and the Courts
of England shall have jurisdiction to resolve any disputes
between us.
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