- Introduction These terms and conditions govern the Agreement between Music Stories Ltd and Music Teachers as well as between Music Teachers and Musicians, and Music Stories Ltd and Musicians. The Website provides a range of services for Music Teachers and Musicians, including helping Musicians find Music Teachers. These terms and conditions replace any previous versions of them.
1.1 The Website is owned and operated by Music Stories Ltd, trading as Music Stories. Music Stories is a limited liability company registered in England and Wales under company number 12765482. Music Stories registered office is at Flat 4 Stafford Mansions, Haarlem Road, W14 0JJ. Music Stories’ other contact details are set out on the Website, which is at https://musicstories.co.
1.2 A User may create an Account on the Website as a Musician or a Music Teacher. A User may browse the Website without registering but if a User creates an Account, certain information will be stored, making future visits to the Website easier.
1.3 By creating an Account, the User agrees to be bound by these terms and conditions. These terms and conditions are legally binding – every User should read them fully before agreeing to them. If a User does not wish to be bound by these terms, they should not use the Website.
1.4 Where a Music Teacher contracts on behalf of a company/ organization, they hereby confirm that they have authority to act on behalf of that entity.
1.5 In these terms and conditions, the following words and expressions shall have the following meanings:
“Account” refers to the User’s information stored by Music Stories as Data Controller, to personalise and improve the User’s experience of the Website.
“Booking” refers to both Lesson bookings and Performance Bookings.
“Complaint” means a claim by a Musician that either the service provided by a Music Teacher falls below the standards the Musician expected of a Music Teacher booked via Music Stories, or, that there was a Missed Lesson.
“Content” means all information of whatever kind (including information, service provider listings, Music Profiles, reviews), published, stored or sent on or in connection with the Website.
“Data Protection Act” means the Data Protection Act 2018 (Commencement No. 1 and Transitional and Saving Provisions Regulations) 2018 and the General Data Protection Regulation (2016/679/EU) and all applicable laws and regulations relating to the processing of personal data and privacy.
“Failed Payment” means an outstanding Lesson Fee for a Booking, for which PayPal, as instructed by Music Stories, has been unable to make a successful charge against the payment details provided by the Musician.
“Lesson” means, unless otherwise specified, a one-to-one tuition lesson between a Musician and a Music Teacher, including both in-person and online sessions.
“Lesson Booking Fee” is the gross amount paid (including VAT) for any lesson consisting of the Music Teacher Fee, Music Stories Fee, Service Fee and Music Stories Talent Fund Fee.
“Marketing Fee” means the agreed fee payable to Music Stories by the Music Teacher for advertising any performance events across the Website.
“Missed Lesson” means a claim by a Musician that they have not received a Lesson with a Booking on the Website.
“Musician” means a User who has registered a Musician Account on the Website. The Musician must be at least 18 years old. Where the learner is under 18 years old, the Musician will be their parent or guardian.
“Music Profile” means a Music Teacher has set up a profile on Music Stories and is available for Lesson Bookings or Performance Bookings.
“Music Stories” means the company Music Stories Ltd (company no. 12765482) trading as Music Stories with its registered office address at Flat 4 Stafford Mansions, Haarlem Road, W14 0JJ.
“Music Stories Fee” means the fee charged by Music Stories to Musicians for the provision of Music Stories’ services which includes 12.5%+ VAT, (15% inc VAT) commission of the Lesson Booking Fee or Performance Booking Fee.
“Music Stories Talent Fund” means money accrued through the payment of Bookings on Music Stories that goes towards supporting aspiring musicians and their musical endeavours.
“Music Stories Talent Fund Fee” is the 1% of the Lesson Booking Fee or Performance Booking Fee which goes towards the Music Stories Talent Fund.
“Music Stories Verified Teacher” means the Music Teacher has had an interview with one of the Music Stories team, uploaded their ID and evidence of their qualifications. Background checks must have been awarded within 2 years of the date on which a Music Teacher creates an Account on the Website, and within 3 years of any point in time thereafter. Within these timeframes, background checks will be accepted if they are an enhanced check provided by the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland. Music Stories cannot verify any claim made by Music Teachers within their Music Profile or in any of other communication which relates to them having a valid background check other than through the awarding of the “Music Stories Verified Teacher Status”.
“Music Teacher” means a User who has registered a Music Profile account on Music Stories.
“Music Teacher Fee” is the net amount paid out to the Music Teacher for any Booking (Lesson/Performance Booking Fee less Music Stories Fee, Service Fee and Music Stories Talent Fund Fee). Please note that in the case of a Performance Booking advertised and opened to multiple Users and Musicians across the Website, a Marketing Fee will be charged and deducted from the Music Teacher Fee.
“Online Lesson” means where a Musician and Music Teacher have agreed to conduct the music lesson via Zoom or another online video format. The Music Teacher is responsible for providing a suitable link to the student to a Zoom or other online video format to do the Online Lesson.
“Online Performance” means where a Musician and Music Teacher have agreed to conduct the music lesson via zoom or another online video format. The Music Teacher is responsible for providing a suitable link to the student to a zoom or other online video format to do the Online Performance.
“PayPal Account” refers to the account required for Music Teachers to receive payment for Lesson Bookings or Performance Bookings
“Performance Booking” means a booking made by a musician with a Music Teacher to do a performance which could be online or in person.
“Performance Booking Fee” is the gross amount (including VAT) paid for any Performance Booking consisting of the Music Teacher Fee, Music Stories Fee, Service Charge, and Music Stories Talent Fund Fee.
“Service Fee” means the administrative and processing costs which is included in the Lesson Booking or Performance Booking and is set at 4% of the Lesson Booking Fee or the Performance Booking Fee.
“User” means a person who uses a Website (whether or not they have registered an Account with us)
“Website” means the website on the domain https://musicstories.co
- Music Stories Rights and Responsibilities This clause sets out what Music Stories promises to do:
2.1 To help Music Teachers and Musicians to meet by allowing Music Teachers to advertise their professional tuition services or performances on the Website and Musicians to book and pay for lessons or performances.
2.2 To maintain a functioning Website, including communication systems and a booking platform, wherever possible. Music Stories cannot guarantee that the Website will always be available, or that it will always work, but it will try to have it up and running properly at all times. Every now and again, the Website might need to be taken offline for maintenance purposes.
2.3 To communicate any planned maintenance of the Website or downtime.
2.4 To use reasonable endeavors to try to keep the Website free from viruses and bugs.
2.5 To use reasonable endeavors to check the identity of all Music Teachers and the background checks of Music Stories Verified Teachers.
2.6 To decide in its sole discretion whether or not to accept an application by an individual for registration as a Music Teacher.
2.7 To decide when a Music Teacher’s Music Profile is sufficiently complete to be set live on the Website and be accessible by other Users.
2.8 To communicate new Bookings, confirmation of Bookings and cancellations, to both Musicians and Music Teachers via the Website and by email (except where a Musician or Music Teacher has chosen to alter their notification settings to exclude email communication).
2.9 To endeavour to ensure that each Musician’s payment of Lesson Fees is processed promptly and usually within 5 working days of a Lesson or Performance Booking.
2.10 To endeavour to ensure Complaints are considered properly and in accordance with these terms and conditions.
2.11 To endeavour to ensure that refunds to Musicians are made promptly in accordance with these terms and conditions.
2.12 To endeavour to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.
2.13 To take precautions Music Stories considers appropriate to protect Musicians’ and Music Teachers’ information.
2.14 To monitor postings made on the Website and messages sent between Musicians and Music Teachers. Music Stories does so in the hope of helping Musicians and Music Teachers meet, but also to stop misuse of the Website, as set out in these terms and conditions.
2.15 To categorise the Music Teachers fairly based on the information provided by the Music Teacher, into the Music Stories Teacher categorisation, and ensure each Music Teacher has the chance to amend or discuss their Music Profile.
- User Responsibilities
3.1 Users are responsible for their own security in conjunction with the services through the Website, both online and offline.
3.2 Users are solely responsible for the material they post on the Website, including messages sent, and they must not post defamatory, offensive or illegal material.
3.3 Users must immediately report to Music Stories any defamatory, offensive or illegal material they view on the Website.
3.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website. Music Stories cannot and does not guarantee that all of the Content on the Website is complete, accurate or up to date.
3.5 Users must contact Music Stories immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Music Stories that they believe their password has been compromised.
3.6 Users must not use the Website with the intention of engaging directly with other Users outside of the Music Stories environment.
3.7 Users must not promote opportunities or service or any company other than Music Stories on the Website.
3.9 Any User who fails, in Music Stories’ opinion, to comply with these terms and conditions may be immediately suspended from using the Website and any related services. Music Stories reserves the right to cancel any existing Bookings in such circumstances.
4 Musician Responsibilities
4.1 Music Stories is not responsible for the acts or omissions of Musicians or Music Teachers and is solely responsible for its own acts or omissions.
4.2 Musicians must be at least 18 years old to book a Music Teacher for themselves. Musicians under the age of 18 must be represented by a parent or a legal guardian who gives consent for them to receive tuition from a Music Teacher via Music Stories. Music Stories is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
4.3 Musicians must ensure that all of their personal details and contact information are accurate and up to date.
4.4 Musicians are responsible for making Lesson or Performance Bookings with Music Teachers. To make a Booking the Musician must have already set up an Account with valid payment details on the Website.
4.5 By making a Booking, Musicians authorise Music Stories to take payment of the Lesson Booking Fee or Performance Booking Fee.
4.6 When a Lesson Booking or Performance Booking is confirmed, the Musician enters into a direct contract with the Music Teacher for the provision of any lessons or performances and Music Stories accepts no liability in relation to the Music Teacher’s provision of either of the two commitments.
4.7 Musicians agree not to circumvent or disintermediate, or attempt to circumvent or disintermediate, Music Stories in any way at the time of booking any Music Teacher, during any period of confirmed Bookings with any Music Teacher or at any time within 6 months of the date of the most recent Booking with the relevant Music Teacher.
4.8 Musicians must ensure they have completed their Account fully including the correct address. If a Lesson is taking place at the Musician’s home, the Musician must provide a suitable setting for tuition.
4.9 Musicians must use their judgement about the services of Music Teachers detailed on the Website. Although Music Stories undertakes certain checks to assess the suitability of each Music Teacher prior to setting their Music Profile live on the Website, Musicians are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Music Teacher with whom they confirm a Booking.
4.10 Musicians are responsible for ensuring that they have the correct equipment to be able to do an Online Lesson or Online Performance. No refunds will be made in the event that Musicians are unable to enable an Online Lesson.
4.11 Any Musician who fails, in Music Stories’ reasonable opinion, to comply with these terms and conditions may be immediately barred from using the Website and any related services. Music Stories reserves the right to cancel any existing Bookings in such circumstances.
4.12 Simply by agreeing to these terms and conditions, a Musician is not required to sign up with any Music Teacher or make any Bookings.
5 Music Teacher responsibilities
5.1. Music Teachers are not employees of Music Stories and are solely responsible for their own actions both on and off the Website.
The Music Teacher must:
- honour all Bookings made through Music Stories prior to termination of this agreement and during any notice periods.
- pay any cancellation or compensation fees arising from any unavailability or breach of the Music Stories terms and conditions by the Music Teacher.
- be at least 18 years old and provide suitable ID as proof.
- be legally entitled (possessing the relevant immigration status where relevant) to work in the UK and responsible for registering their employment status with HM Revenue & Customs, and for paying their own tax and National Insurance contributions. If based abroad, be responsible for the legal and tax implications of receiving income from providing Online Lessons and Performances to customers based in the UK.
- if the Music Teacher contacts Musicians who are under 18, they must ensure that these Musicians are represented by a parent or legal guardian who gives consent for the Musician to receive tuition.
- be responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information to maintain its accuracy.
- disclose any criminal convictions or cautions they may have to Music Stories, including any criminal convictions or cautions received at any time after having registered a Music Stories account on the Website and for as long as the Music Teacher remains registered.
- bear their own expenses including the costs of obtaining any relevant licences.
5.2 Any Music Teacher who, in Music Stories’ opinion, fails to comply with these terms and conditions may be immediately barred from using the Website and related services. Music Stories reserves the right to cancel any existing Bookings at any time in such circumstances.
5.3 Music Teachers must use their own judgement about whether they wish to offer their tuition services to each individual Musician. Music Teachers must take every precaution to ensure that they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.
5.4 Music Teachers are responsible for setting their own Music Teacher Fee. Any request to change pricing must be communicated to Music Stories.
5.5 Music Teachers should accept or reject Bookings for Lessons and respond to messages received from Music Stories and Users promptly.
5.6 Music Teachers agree not to solicit Musicians or disintermediate Music Stories, or attempt to solicit Musicians or disintermediate Music Stories, in any way, at the time of booking any Lesson with any Musician, during any period of confirmed Bookings with any Musician or at any time within six months of the date of the most recent Booking with the relevant Musician.
5.7 Music Teachers must only make Bookings for Lessons in accordance with the instructions of their Musicians. If Music Teachers make Bookings for additional Lessons which they fail to deliver, they will be liable to refund to the Musician directly any Music Teacher Fee they have received for any such Bookings.
5.8 Music Teachers must attempt to call the Musician, be able to provide evidence of the call and allow at least 15 minutes from the scheduled start time of a Lesson Booking or Performance Booking for Musicians to attend the Lesson or Performance. If Music Teachers fail to do so, they will be liable to refund to the Musician any Music Teacher Fee they have received for the relevant Booking.
5.9 Music Teachers must ensure that all written communication with Musicians to organise Bookings and arrange Lessons takes place via the Website.
5.10 Music Teachers shall reimburse Music Stories for any refunds issued by Music Stories on behalf of the Music Teacher following a Complaint.
5.11 Music Teachers are responsible for ensuring that they have the correct equipment to be able to conduct an Online Lesson or Online Performance. Music Teachers will be liable to refund any fees received for an Online Lesson or Online Performance in the event that they are unable to access the Online Lesson or Online Performance for whatever reason.
5.12 Music Teachers must ensure that the relevant licence or licences are obtained from the appropriate collecting societies for any online live-stream performance events where applicable.
5.13 Music Teachers are responsible for ensuring that they have the correct Lesson location and are at the Lesson location ready to teach at the agreed time as booked on the Website. Music Teachers who are late for a Lesson must provide evidence that they contacted the Musician directly to make them aware of their lateness and that the Musician was happy to take the Lesson at a later time. Any Music Teachers who fail to do so will be liable to refund to the Musician any Music Teacher fee they have received for the relevant Booking.
6.1 The Lesson Booking Fee or Performance Booking Fee payable by a Musician for a Lesson will be displayed on the Website at the time of confirming a Booking.
6.2 A Lesson Booking Fee or Performance Booking Fee, which includes the Music Stories Fee, Service Fee and Music Stories Talent Fund Fee (and Marketing Fee if applicable) will be collected by PayPal on behalf of Music Stories. All fees include any applicable VAT or other sales tax.
6.3 The Musician authorises Music Stories to instruct PayPal to charge their credit/debit card once the Lesson Booking or Performance Booking has been made.
6.4 If any Musician makes a Complaint (claiming for a Missed Lesson, raising a refund request) charges may nevertheless be processed as usual to collect payment, and refunded as appropriate, in accordance with these terms and conditions.
6.5 For Online Lessons or Online Performances, Musicians will be charged the full Lesson Booking Fee or Performance Booking Fee, provided the Music Teacher attended the Lesson Booking or Performance Booking for at least 15 minutes from the Lesson’s scheduled start time. No charge will be made to the Musician if a Music Teacher does not attend for at least the first 15 minutes of a Lesson or Performance and, therefore, give the Musician sufficient opportunity to attend.
6.6 If a Lesson or performance does not take place because a Musician does not attend, the Musician will be charged the full Lesson Booking Fee or Performance Booking Fee.
6.7 Payment processing services on Music Stories’ Website are provided by PayPal Ltd trading as PayPal Payouts and are subject to the PayPal Payouts Account Agreement, which includes the PayPal Services Agreement – United Kingdom. By agreeing to these terms and conditions or continuing to operate as a Music Teacher on Music Stories’ Website, the Music Teacher agrees to be bound by the PayPal Terms, as the same may be modified or amended by PayPal from time to time; and Music Teacher agrees to provide Music Stories with accurate and complete information about themselves and, where relevant, their business, and each Music Teacher authorises Music Stories to share with PayPal such information and transaction information related to Music Teacher’s use of the payment processing services provided by PayPal.
6.8 Music Stories will not be liable for any delays by PayPal in transferring the Music Teacher Fee from the Music Teacher’s PayPal connected account to the Music Teacher’s nominated account.
6.9 Music Teacher’s earnings may be held in escrow until PayPal’s verification requirement is completed.
6.10 If the Music Teacher Fee needs to be converted from GBP Pound Sterling to another currency, the Music Teacher agrees that the rate of exchange shall be PayPal’s spot rate on the day the transfer is made. Music Stories will not be responsible for covering any currency conversion fees.
7.1 A Musician may cancel a Booking at any point before the scheduled start time of a Lesson subject to any cancellation charges.
7.2 A Musician may only cancel a Lesson by cancelling the relevant Booking on the Music Stories Website. Cancellations made through direct contact with the Music Teacher, such as by text or phone, and not through Music Stories, may result in charges still being made to a Musician’s account.
7.3 Where a cancellation is made 48 hours or more before a Lesson or Performance is due to commence, Music Stories will issue a refund of the Lesson Fee or Performance Fee subject to a 5% deduction to cover the Service Fee and the Music Stories Talent Fund Fee.
7.4 Bookings cancelled by a Musician less than 48 hours before a Lesson Booking or Performance Booking is due to commence may incur a charge. Music Stories leaves it to the Music Teacher’s discretion whether to:
- accept the cancellation request and charge the Musician 100% of the Lesson Fee or Performance Fee
- issue a refund of the Lesson Fee or Performance Booking fee subject to a 5% deduction to cover the Service Fee and the Music Stories Talent Fund Fee; or
- reschedule the Lesson or performance to another date.
7.5 Music Teachers may cancel a Booking at any time prior to a Lesson taking place. To do so, Music Teachers must inform the Musician directly via the Website and cancel the Booking on the Website. In the event of a Music Teacher cancelling a Booking, the Musician will receive a refund of the Booking fee subject to a 5% deduction to cover the Service Fee and the Music Stories Talent Fund Fee.
7.6 Bookings cannot be cancelled after the Lesson or performance has started.
- Missed Lessons and Complaints
8.1 A Complaint covers any cause for the Musician to seek a refund as a result of the service provided by the Music Teacher, including, but not limited to, a Missed Lesson (where the Music Teacher did not attend a Lesson booked on the Website) or a claim about quality (where the Musician feels that the service provided by a Music Teacher falls below the standards they reasonably expected).
8.2 A Musician should inform Music Stories of a Complaint by email to email@example.com within 96 hours after the scheduled finish time of the relevant Lesson.
8.3 When a Complaint has been received from a Musician, Music Stories will contact the Music Teacher within 72 hours of the Complaint being received, by email to inform the Music Teacher that a Complaint has been raised.
8.4 Should a Musician inform Music Stories of a Complaint within 96 hours after the scheduled finish time of the relevant Lesson, the Music Teacher has 48 hours to inform Music Stories through the Website to dispute the Complaint (and reject the associated refund request). Should the Music Teacher not dispute the Complaint through the Website within 48 hours of being notified of the Complaint, Music Stories, as the agent of the Music Teacher will instruct PayPal to process a refund to the Musician of the Booking fee subject to a 5% deduction to cover the Service Fee and Music Stories Talent Fund Fee. Music Stories reserves the right, as a goodwill gesture, to instruct PayPal to process a full refund of the Lesson Booking Fee or Performance Booking Fee for the Booking related to the Lesson or Performance the Complaint is regarding. Music Stories will promptly inform the Musician of the Music Teacher’s decision whether or not to uphold their Complaint by email and, if upheld, authorise the associated refund.
8.5 The Music Teacher must reimburse the Music Teacher Fee to Music Stories promptly should a refund be issued by Music Stories on their behalf.
8.6 Should the Musician and Music Teacher not reach an amicable agreement regarding a Complaint, the Musician is entitled to make a claim against the Music Teacher in relation to the Complaint. Music Stories accepts no liability in relation to Complaints and the services provided by a Music Teacher.
8.7 Should Music Stories find that a Missed Lesson occurred due to any failure of Music Stories to meet the terms set out in clause 2 of these terms and conditions, Music Stories will issue a refund to the Musician of the Booking fee subject to a 5% deduction to cover the Service Fee and Music Stories Talent Fund Fee.
8.8 Music Stories reserves the right to offer any Musician, as a gesture of goodwill, payment of a sum equivalent to the full Lesson fee. Such a payment will be awarded solely at Music Stories’ discretion.
- Failed Payments
9.1 In the case of a Failed Payment still being outstanding 48 and 72 hours after the scheduled end of the relevant Lesson or Performance, the Musician authorises Music Stories to automatically instruct PayPal to retry the charge.
9.2 The Musician can also give Music Stories consent by phone, email, SMS or support messages to instruct PayPal to retry payments for any outstanding Failed Payment.
9.3 As the agent of the Music Teacher, Music Stories reserves the right to protect the Music Teacher from further loss of earnings by cancelling Lessons and their associated Bookings at any point with a Musician who has an outstanding Failed Payment (including for a Musician who has an outstanding Failed Payment for a Booking with another Music Teacher)
9.4 In the case of a Failed Payment still being outstanding 96 hours after the scheduled end of the relevant Lesson, Music Stories will cancel all of the Musician’s further Bookings and inform the Music Teacher by SMS that PayPal has been unable to collect payment on their behalf. The Music Teacher must not make any further Bookings for Lessons with the Musician until the Failed Payment has been settled by PayPal making a successful charge for the full Lesson Fee.
9.5 As the agent of the Music Teacher, Music Stories may continue to seek payment to cover Failed Payments from the Musician for ninety days following the scheduled end of the relevant Lesson, by contacting the Musician by email, SMS and/or phone.
9.6 The Musician accepts that Music Stories reserves the right to pass bad debts for Music Stories’ platform fees to third party debt collection services and acknowledge that their credit rating may be affected.
9.7 Music Stories will not be liable to the Music Teacher for any lost earnings resulting from any Failed Payment.
9.8 Music Stories without obligation, reserves the right to pay the Music Teacher, as a gesture of goodwill, an amount equal to the Music Teacher Fee for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Music Stories.
- Child Protection
10.1 Music Stories seeks to provide the best service possible and provide a safe experience in which children can learn.
10.2 Any User who is the parent of a child under the age of 18 who has a Lesson with a Music Teacher should not leave the child in the sole care of that Music Teacher.
10.3 All Music Teachers must comply with The Music Teachers’ Association Child Protection Policy, whether or not they are a member of The Tutor’s Association, and all relevant legislation and government guidance. The Policy can be found at this link: https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54-243a369a420a/downloads/1cksgq6k5_30316.pdf
10.4 If any User has a concern regarding child protection, they should contact Music Stories immediately.
- Disclaimers and Limitation of Liability
11.1 Nothing in these terms and conditions in any way limits or excludes Music Stories’ liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
11.2 All Users must give Music Stories a reasonable opportunity to remedy any matter for which Music Stories is potentially liable before incurring any costs remedying the matter themselves.
11.3 To the full extent permitted by law, Music Stories and its directors, employees, and agents make no promises, warranties, or representations as to the Content of the Website, including its completeness, accuracy, availability, timeliness, propriety, security or reliability.
11.4 MUSIC STORIES SHALL NOT BE RESPONSIBLE OR HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, REPUTATION OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- any act or omission of the Music Teacher, Musician, or User.
- any Content found on the Website.
- any dispute that arises between the Music Teacher and Musician, notwithstanding that Music Stories shall use its best endeavours to facilitate a resolution of the dispute.
- any inappropriate or illegal behaviour of a Music Teacher, Musician, or User.
- the quality of the service provided by the Music Teacher.
11.5 TO THE FULLEST EXTENT POSSIBLE BY LAW, MUSIC STORIES’ MAXIMUM LIABILITY FOR ANY ONE EVENT OR SERIES OF RELATED EVENTS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) IS LIMITED TO £90 OR THE TOTAL FEES PAID BY THE USER IN THE 12 MONTHS BEFORE THE EVENT(S) COMPLAINED OF WHICHEVER IS HIGHER.
11.6 The User will be liable for any reasonably foreseeable loss or damage Music Stories suffers arising from the User’s breach of these terms and conditions or misuse of the Website (subject to Music Stories’ obligation to mitigate any losses).
11.7 These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any previous communications or agreements. The parties both acknowledge that there have been no misrepresentations and that neither has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.
12.1 Music Teachers shall indemnify Music Stories for all claims and liabilities arising out of the provision or proposed provision of any Lesson or performance, including any costs and expenses incurred.
12.2 The User will indemnify Music Stories against all claims and liabilities directly or indirectly related to the User’s use of the Website and/or breach of these terms and conditions.
- Intellectual Property
13.1 When submitting material to Music Stories to create their profile on the Website, those materials remain the IP of the Music Teacher. Music Teachers’ grant to Music Stories a non-exclusive, royalty-free licence to copy, modify, distribute and use for promotional purposes this content, as long as they are a registered user of the Website. This licence ends at the termination of the registration of a Music Teacher.
13.2 The names and brand of ‘Music Stories’ and ‘Music Stories Ltd’ and any (and all) intellectual property associated with the business of Music Stories shall not be used by the Music Teacher without the prior written consent of Music Stories.
13.3 If Music Teachers contribute to a Music Stories event or concert which may be recorded in agreement with the Music Teacher, then Music Stories has the right to use this content for promotional purposes, as agreed with the Music Teacher, and for a minimum of 6 months from the recording date.
14.1 The Music Teacher agrees not to pass on to any third party, use, for any purpose, any information obtained in relation to Music Stories, or any Musician, other than as may be required in order to enable the provision of tuition services in accordance with these terms and conditions.
- Termination of registration
15.1 A Music Teacher may, by giving two weeks’ written notice to firstname.lastname@example.org, request to be removed from Music Stories’ list of registered Music Teachers. They must honour the Bookings that occur during the two week notice period and pay any outstanding commission against future bookings, prior to termination, that have been booked through the Website.
15.2 Music Stories reserves the right to immediately terminate the registration of a Music Teacher any outstanding or uncompleted Lessons or Performances if any of these terms and conditions have been breached.
15.3 Subject to paying for any Bookings made, a Musician or User may cease to use the Music Stories service at any time and request the closure of their Account by giving written notice to email@example.com
- Changes to these terms and conditions
16.1 Music Stories may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. Users will be bound by the revised terms and conditions if they continue to use the Website or the services following the effective date shown.
- Governing Law & Jurisdiction
17.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
17.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
17.3 Severance If any provision of this Agreement is declared void, voidable, illegal or otherwise unenforceable by any competent authority or court, or any indication to that effect is received from any competent authority or court, the parties will co-operate to amend the offending provision in such manner to achieve its intention. If such amendment is not possible, the relevant provision or part-provision will be deemed deleted. Notwithstanding any such amendment or deletion, the remainder of the Agreement will remain valid and in force.