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Jamright

Terms and Conditions of Supply

Musician Terms and Conditions

Click here to view the Studio Terms and Conditions

1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

(a) Event Outside Our Control: is defined in clause 9.2;

(b) Order: your order to book a Room at a Studio for you or your band to use for practice and rehearsal purposes and any other ancillary equipment such booking to be undertaken on Our Website;

(c) Room: means the room or rooms that you occupy at the Studio for the purposes of the Services;

(d) Services: the services of booking a Room in a Studio for You as set out in more detail in the Order;

(e) Session: the pre-booked duration of the visit by you to the Studio for practice and rehearsal purposes;

(f) Studio: the music studio that you specify when making your Order;

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

(h) We/Our/Us: Jamright.com Ltd (Company Registration Number 08391252) whose registered office address is at PO Box 12059, Colchester, CO1 9PE; and

(i) Website: means www.jamright.com

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

2. OUR CONTRACT WITH YOU

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

2.2 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 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.

2.3 When you submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Services, We will inform you of this in by e-mail and We will not process the Order.

2.4 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.

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

2.6 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.

2.7 Any pictures, descriptive matter or advertising on Our Website is published for the sole purpose of giving an approximate idea of the Services and the Studio described in them. They shall not form part of the contract or have any contractual force.

3. CHANGES TO TERMS

3.1 We may revise these Terms from time to time.

3.2 If We have to revise these Terms under clause 3.1, We will give you at least one week's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.2(c).

4. BOOKING PROCEDURE AND YOUR OBLIGATIONS

4.1 You can search on Our Website for a Studio and book a Room at the Studio of your choice for you or your band to use for practice and rehearsal purposes.

4.2 You must be at least 18 years old to place an Order.

4.3 You warrant that all information entered by you or on your behalf on Our Website is complete and accurate in all respects.

4.4 The cost of the Services as set out on the Order does not include any other consumable items and other optional items used or booked by you or any member of your party during the rehearsal session at the Studio and you will be liable to the Studio for the full cost of the same on the day of your Session unless you have booked and paid for the consumable items or other option items on Our Website.

4.5 We do not give any warranties in relation to the Room and whether the Studio is suitable for your purposes.

4.6 You must comply with any rules, regulations and terms and conditions that the Studio has in relation to the use of the Room.

4.7 You must ensure that you and your guests behave in a proper and professional manner while at the Studio.

4.8 You must only occupy the Studio for the time agreed in the Order. Any extra time is allocated at the sole discretion of the Studio and will be charged accordingly.

4.9 You undertake and agree that you shall be responsible:

(a) for your actions and the actions of your party at the Studio; and

(b) for any and all injury, loss or damage to any person's equipment or the Studio caused by any act or omission of your party.

5. PROVIDING SERVICES

5.1 We will supply the Services to You.

5.2 Through Our Website We can advertise Studios for hire and through Our Website you can make a booking. By making a booking through Our Website you enter into a direct legally binding contractual relationship with the Studio provider at which you book. From the point at which you make your booking We act solely as an intermediary between you and the Studio transmitting the details of your booking to the relevant Studio and sending you a confirmation e-mail on behalf of the Studio.

5.3 When providing Our Services the information concerning the Studio that We provide is based on the information supplied to Us by the Studio We use all reasonable skill and care in performing Our Services but We cannot guarantee that the information provided to Us by the Studio is complete, accurate or correct, nor can We be held responsible for errors or failure to deliver. Each Studio remains responsible at all times for the accuracy of the information displayed on Our Website about their Studio. Our Website does not constitute a recommendation or endorsement of any Studio advertised.

5.4 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.

5.5 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.

5.6 We will not be responsible for any loss or damage of your equipment left at the Studio for the duration of the booking. You must take responsibility for insuring equipment belonging to you.

6. IF THERE IS A PROBLEM WITH THE SERVICES

6.1 In the unlikely event that there is any defect with the Services:

(a) please contact Us and tell Us as soon as reasonably possible;

(b) please give Us a reasonable opportunity to repair or fix any problem; and

(c) We will use every effort to repair or fix the problem as soon as reasonably practicable and, in any event, within 1 week.

You will not have to pay for Us to repair or fix a problem with the Services under this clause 6.1.

6.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. 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.

7. PRICE AND PAYMENT

7.1 The price of the Services will be set out in Our price list in force at the time which will be found on Our website when making your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.

7.2 These prices are exclusive of 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.

7.3 Payment for Our Services must be made in full when You submit Your Order on Our Website.

8. OUR LIABILITY TO YOU

8.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.

8.2 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3 We do not exclude or limit in any way Our liability for:

(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.4 Subject to clause 8.3:

(a) Our liability is limited to the Services We provide as a booking service details of which is set out in clause 5 of this Contract;

(b) We shall under no circumstances whatever be liable to you, 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 this contract; and

(c) Our total liability to you in respect of all other losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the cost of the Services.

8.5 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 this contract.

8.6 This clause 8 shall survive termination of this contract.

9. EVENTS OUTSIDE OUR CONTROL

9.1 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.

9.2 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 any unforeseen circumstances that occur to the Studio.

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

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

(b) 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 contact you to rebook the Services as soon as reasonably possible after the Event Outside Our Control is over.

9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 10. We will only cancel the contract if the Event Outside Our Control continues for longer than four [4] weeks in accordance with Our cancellation rights in clause 10.

10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

10.1 In cases of fraud or genuine mistake you may apply to cancel any Order for Services within 24 hours of placing an Order by contacting Us. The final decision in relation to whether We will allow you to cancel your Order for Services is at Our absolute discretion. We will confirm our decision to you by e-mail.

10.2 You may cancel the contract for Services with immediate effect by giving Us written notice if:

(a) We breach this contract in any material way and We do not correct or fix the problem within 7 days of you asking Us to in writing;

(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;

(c) We change these Terms under clause 3.1 to your material disadvantage;

(d) We are affected by an Event Outside Our Control.

10.3 By making a booking with Us you accept and agree to the cancellation policy of the relevant Studio and to any additional terms and conditions of that Studio that may apply to your booking. The general cancellation policy of each Studio is made available on Our Website during the booking procedure. Please read the Studio’s terms and conditions and cancellation policy carefully.

11. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

11.1 If We have to cancel an Order for Services before the Services start:

(a) 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 your Session at your chosen Studio. We will promptly contact you if this happens.

(b) If We have to cancel an Order under clause 11.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

12. INFORMATION ABOUT US AND HOW TO CONTACT US

12.1 We are a company registered in England and Wales. Our company registration number is 08391252 and Our registered office is at PO Box 12059, Colchester, CO1 9PE.

12.2 If you have any questions or if you have any complaints, please contact Us using Our Website.

12.3 If We have to contact you or give you notice in writing, We will do so by e-mail to the e-mail address you provide to Us when you register with Our Website.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

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

(a) provide the Services;

(b) process your payment for such Services; and

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

13.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.

13.3 We will not give your personal data to any other third party.

14. OTHER IMPORTANT TERMS

14.1 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.

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

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

14.4 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.

14.5 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.

14.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Studio Terms and Conditions

Click here to view the Musician Terms and Conditions

1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

(a) Customer: means a customer who books a Room at the Studio through Our Website;

(b) Order: Our order to book a room at a Studio for Our Customer to use for practice and rehearsal purposes and any other ancillary equipment;

(c) Room: means the Room or rooms that the Customer occupies at the Studio for the purposes of the Services;

(d) Services: the services of a Room in a Studio for You as set out in more detail in the Order;

(e) Studio: your music studio that We specify when making Our Order;

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

(g) We/Our/Us: Jamright.com Ltd (Company Registration Number 08391252) whose registered office address is at PO Box 12059, Colchester, CO1 9PE; and

(h) Website: means www.jamright.com;

(i) You: means you the Studio owner or other person(s) in charge of selling practice and rehearsal space and time at the Studio.

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

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which You supply Services to Us.

2.2 When We submit the Order to You, you have 15 minutes from the time of the Order to reject the Order. Acceptance or a failure to reject the Order within the 15 minute time period will be deemed as acceptance. If You are unable to supply the Services, You will inform Us of this by e-mail within 15 minutes of the time of Order and You will not process the Order.

2.3 These Terms will become binding on You and Us when the Order is accepted pursuant to clause 2.2, at which point a contract will come into existence between You and Us.

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

2.5 We will assign an order number to the Order and inform You of it when We place the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.

2.6 Any pictures, descriptive matter or advertising on Our Website is published for the sole purpose of giving an approximate idea of the Services and the Studio described in them. They shall not form part of the contract or have any contractual force.

3. CHANGES TO TERMS

3.1 We may revise these Terms from time to time.

3.2 If We have to revise these Terms under clause 3.1, We will give you at least one week's written notice of any changes to these Terms before they take effect.

4. YOUR OBLIGATIONS

4.1 You warrant that;

(a) all information entered by Us on Your behalf about Your Studio on Our Website is complete and accurate in all respects.

(b) all information entered by You about Your Studio on our Our Website is complete and accurate in all respects.

4.2 You warrant that the Room and Studio are available for the Services.

4.3 You are responsible for ensuring compliance by the Customer of any rules, regulations and terms and conditions that the Studio has in relation to the use of the Room.

4.4 You undertake and agree that You shall be responsible:

(a) for your actions and the actions of You at the Studio; and

(b) for any and all injury, loss or damage to any person's equipment caused by any act or omission by You.

4.5 If there is a problem with the Services then you will immediately take action to rectify the problem and put right at your cost.

4.6 You shall be responsible for collection of payment from the Customer directly of any items not included on the Order.

4.7 You hereby agree to licence royalty free any indebted property rights that We use on Our Website to promote your Services.

4.8 You warrant to Us that the Services will be provided using reasonable care and skill.

4.9 You shall co-operate with Us in all matters relating to the Services and provide Us with such information and materials as We shall reasonably require in order to supply the Services and ensure that such information is accurate in all material respects.

5. PRICE AND PAYMENT

5.1 The price of the Services will be set out in Your price list provided to Us and new prices will only be publicised on Our Website when You provide us with a revised price list. Your prices may change at any time, but price changes will not affect any Order that We have confirmed with you.

5.2 We will charge a fee for every successful Order pursuant to clause 2.3, this fee will be agreed between You and Us when you register on Our Website and may be revised pursuant to section 3.

5.3 We will remit the total monetary sum collected by Us to the bank account specified by You when signing up to Our Website for each successful Order, pursuant to clause 2.3, made through Our Website at the Studio less the agreed fee pursuant to clause 5.2 as a lump sum on, or within 5 days of, the last day of the calendar month following the month within which the Order was made. For example the fee for any successful Order made in January will be remitted within 5 days of the last day of February.

6. OUR REMEDIES

6.1 If You fail to perform the Services by the applicable dates, We shall, without limiting its other rights or remedies, have one or more of the following rights:

(a) to terminate the Contract with immediate effect by giving written notice to You;

(b) refuse to place any further bookings with You;

(c) to recover from You any costs incurred by Us or the Customer in obtaining substitute services from a third party;

(d) where We have paid in advance for Services that have not been provided by You to have such sums refunded by You; or

(e) to claim damages for any additional costs, loss or expenses incurred by Us or the Customer which are in any way attributable to Your failure to meet such dates.

6.2 These Conditions shall extend to any substituted or remedial services provided by You.

6.3 Our rights under this Contract are in addition to its rights and remedies implied by statute and common law.

7. INDEMNITY

7.1 You shall keep Us indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Us as a result of or in connection with:

(a) any claim made against Us by a Customer or third party arising out of, or in connection with, the supply of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by You, your employees, agents or subcontractors; and

(b) any claim brought against Us for actual or alleged infringement of a third party’s intellectual property rights arising out of, or in connection with, the receipt, use or supply of the Services.

8. 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, or otherwise obtained by, 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 as need to know it 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 8 shall survive termination of the Contract.

9. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

9.1 In cases of fraud or genuine mistake We may apply to cancel any Order for Services within 24 hours of placing an Order by contacting You. You will immediately refund any payments made to You.

9.2 We may cancel the contract for Services with immediate effect by giving You written notice if:

(a) You breach this contract in any material way and You do not correct or fix the problem within 7 days of Us asking You to in writing; or

(b) You go into liquidation or a receiver or an administrator is appointed over Your assets or a similar insolvency type of event for an individual.

10. INFORMATION ABOUT US AND HOW TO CONTACT US

10.1 We are a company registered in England and Wales. Our company registration number is 08391252 and Our registered office is at PO Box 12059, Colchester, CO1 9PE.

10.2 If you have any questions or if you have any complaints, please contact Us using Our Website.

10.3 If We have to contact you or give you notice in writing, We will do so by e-mail to the e-mail address you provide to Us.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

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

(a) provide the Services;

(b) process your payment for such Services; and

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

11.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.

11.3 We will not give your personal data to any other third party.

12. OTHER IMPORTANT TERMS

12.1 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.

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

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

12.4 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.

12.5 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.

12.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

12.7 These Terms are the only Terms between Us and We both agree that they supersede any other terms and conditions, representations or warranties and where they conflict with your general terms and conditions those Terms shall prevail.