SMB: The SChool of Music Business | Consultancy BOOKING TERMS & CONDITIONS
1.Introduction and Interpretation
1.1 These terms and conditions ("Terms") apply to all consultancy provided by SMB: The School of Music Business LTD ("we" or "our") at any and all locations.
1.2 in these Terms, the following expressions have the following meanings: "Application" means your application for Consultancy appointment(s), made via submitting your Booking Form; "Booking Form" means the online or paper Booking Form supplied by us and completed by you, or a formal request by you for Consultancy by email; "Consultancy" means the consultancy and mode of this advice set out by us in our Consultancy proposal to you; "Event Outside Our Control" means an event or circumstances beyond our reasonable control, including extreme adverse weather conditions, power failure, loss of internet or poor connectivity, urgent or necessary maintenance that may arise from time to time, technical problems, strikes, and acts of god; "Fees" means the consultancy fees and administration fees payable by you in relation to the Consultancy; "Services" means the consultancy services and related materials that we will provide in relation to the Consultancy; "Website" means our pages at https://www.theschoolofmusicbusiness.com/ ;
1.3 Where examples are given in these Terms by using words or phrases such as "including" or "for example" this will not restrict the meaning of the general related words.
1.4 Reference in these terms to "working days" are to days other than Saturdays and Sundays and public holidays.
2. About us and how to contact us
2.1 SMB: The School of Music Business (also referred to as SMB, SMB London, and The School of Music Business London) is operated and owned by Matthew Errington and Daniel Sayer. You can contact us by going to our website address https://www.theschoolofmusicbusiness.com/
Our email address is as follows:
Our phone number is +44 (O) 207 078 4022
3.1 Your Application is an offer to us to enter into a binding contract with us to purchase a Consultancy session(s). We are free to accept or decline your Application at our absolute discretion. Your offer is only accepted when we send you written confirmation that your Application is accepted or that we are able to offer you a Consultancy session (the "Confirmation").
3.2 At the point of our Confirmation, a contract will come into existence between us and you (the "Contract") The Contract will continue until the completion of the Consultancy, unless it is cancelled earlier in accordance with these Terms.
3.3 The Contract will be subject to these Terms and the Booking Form. We consider that these Terms and the Booking Form set out the entire agreement between you and us in relation to the Consultancy.
3.4 Please check that the details in these Terms and the Booking form are complete and accurate. If you think that there is a mistake in the Terms or the Booking Form or that they do not contain relevant information that you are relying on, please notify us and ask us to confirm any agreed changes in writing before you submit your Application.
4. The services
4.1 We will use our reasonable endeavours to ensure that the Services meet the description set out in the descriptions in our Consultancy proposal to you, in all material respects.
4.2 We will use our reasonable endeavours to comply with the timetable for the delivery of the Services which is agreed between us. However, you agree that dates and locations for delivery of the Services and the Consultants providing the Services may be subject to change from time to time.
4.3 We may make any changes to the Services which are necessary to ensure that they comply with any applicable law or satisfy requirement or which do not materially affect the nature or quality of the Services, and we will notify you of any such changes.
5. Your obligations
5.1 You agree to:
(a) attend Consultancy on time;
(b) ensure that you have a level of spoken and written English sufficient to allow you to participate in the Consultancy (by way of a guideline, if English is not your first language, we would expect you to have an IELTS score 6.0);
(c) refrain from using any audio or visual recording equipment during Consultancy;
(d) comply with our health and safety rules as notified to you from time to time;
(e) conduct yourself in a professional and courteous manner and refrain from causing offence or nuisance, to our staff or other clients;
(f) provide the equipment and materials that we advise you to in any formal proposal;
(g) only use any facilities and equipment provided by us during the stated hours for delivery of the Consultancy;
(h) not provide access to, or share login details or content of Consultancy with any third parties;
6. Fees and payment
6.1 The Fees payable are as mutual agreed in the formal proposal made to you by email.
6.2 Fees are payable in GBP.
6.3 The Fees are payable upon acceptance of the proposal. If we do not accept your booking for Consultancy, we will refund to you any Fees you have paid within 30 days of rejecting your booking.
6.4 If you do not pay the Fees in accordance with these Terms you will not be entitled to start the Consultancy.
6.5 All Fees stated are inclusive of VAT.
6.6 Fees can be paid by the following methods:
6.6.1 on-line by using your credit card, debit card or Paypal;
6.6.2 by bank transfer, banker's draft or a payment sent for collection. There will be an additional charge of £30 to cover bank charges. Please ensure you provide a transaction reference number;
6.6.3 by cheque made payable to SMB: The School of Music Business LTD as long as payment is made at least 2 weeks prior to the start of the Consultancy.
6.7 Our bank details for the purpose of paying the Fees are available on request.
6.8 if your employer or organisation is paying the Fees and wishes to be invoiced, please write to us on their headed paper and send a company purchase order with your Application. Payment is required within 30 days or the date specified in paragraph 6.3, whichever comes first.
7. Minimum age
7.1 We cannot accept your Application unless you are aged 18 or over.
8. Overseas applications
8.1 if you are travelling from overseas we may need to contact you in the two weeks prior to the Consultancy starting. You must include your contact details in the UK when you submit your Application.
8.2 You should wait to receive our confirmation before making any travel arrangements. We will not be responsible for any travel or accommodation costs you incur if we do not offer you a Consultancy session
9. Your legal rights to cancellation
9.1. If you are a consumer and are not entering into the Contract for purposes connected with a business then you have a legal right under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the Contract within 14 days (the "Cancellation Period") without giving any reason. The Cancellation Period will expire 14 days after the date of our Confirmation.
9.2 To cancel within the Cancellation Period you must inform us in writing. For the required email addresses please see paragraph 2.
9.3 We will not start providing the Services to you during the cancellation period unless you expressly request us to do so.
9.4 If you cancel the Contract in accordance with paragraph 9.1, we will refund the Fees you have paid within 14 days of the date on which you inform us that you wish to cancel. However, if you have expressly requested that we start providing the Services within the Cancellation Period then we will be entitled to charge you a reasonable sum for the Services provided based on the proportion of the Consultancy you have undertaken and the total Fees and we can deduct this sum from any refund payable to you.
9.5 The other paragraphs of these Terms set out your other rights to cancel the Contract which are in addition to and do not affect your rights under paragraph 9.1.
10. Your other cancellation rights
10.1 You may cancel the Contract after the Cancellation Period but before the Consultancy starts by giving us Written notice.
10.2 If you give us written notice to cancel the Contract outside the Cancellation Period but at least 30 days before the Consultancy starts, you will be entitled to a refund of the Fees you have paid, less an administrative charge of £30.
10.3 If you give us written notice to cancel the Contract outside the Cancellation Period and fewer than 30 days before the Consultancy starts, you will not be entitled to any refund of the Fees.
10.4. You may also cancel the Contract at any time if:
10.4.1 we break the Contract in a material way and do not correct the situation within 14 days of you asking us in writing to do so;
10.4.2 an Event Outside Our Control prevents us from providing the Services when we are supposed to for 2 weeks or more
10.5 Refunds payable under this paragraph 10 may take up to 30 days to process.
11. Our cancellation rights
11.1 We may cancel the Contract if an Event Outside Our Control prevents us providing the Services when we are supposed to for 4 weeks or more or if we lose our right for the purposes of relevant legislation to provide the Services, in which case we will refund any Fees paid.
11.2 We may cancel the Contract or suspend you from the Consultancy on written notice to you if:
11.2.1 your attendance falls below reasonably acceptable levels (other than for reasons outside your reasonable control);
11.2.2 you do not pay the Fees when you are supposed to;
11.2.3 we discover that you do not have an immigration status entitling you to undertake the Consultancy; or
11.2.4 you break the Contract in a material way and do not correct the situation within 14 days of us asking you in writing to do so.
11.2.5 You give your login details to any third party without our prior written permission;
11.2.6 you share Consultancy content with any third party without our prior written permission.
12. Payment of refunds
12.1. If you become entitled under these Terms to receive a refund then:
12.1.1 refunds will be paid in GBP and we will not be responsible for any losses you suffer as a result of currency exchange fluctuations or exchanges;
12.1.2 we will endeavour to pay refunds by the same means as you paid the Fees.
13. Postponement of session(s)
13.1 If a session is postponed for reasons for which we are responsible, including staff illness, we will make every reasonable effort to reschedule the session or to add the missed hours on to the remaining session(s). We apologise for this inconvenience and urge you to ring us if you have any concerns.
14.1. Non-attendance at Consultancy session(s) due to reasons other than our default does not entitle you to refunds or extra sessions
14.2 If, for reasons outside your reasonable control (such as illness) you miss sessions, we will use our reasonable endeavours to offer you additional support, subject to you paying our additional charges.
15. Events outside of our control
15.1 We shall not be responsible for any failure to perform or delay in performing our obligations under the Contract that is due to an Event Outside Our Control. If an Event Outside Our Control takes place which affects our obligations under the Contract then:
(a) we will contact you as soon as reasonably possible to notify you; (b) our obligations under the Contract will be suspended and our time for performance extended for the duration of the Event Outside Our Control; and (c) We will restart the Services as soon as possible when the Event Outside Our Control is over.
16. Our liability to you
16.1. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contractor 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 the Contract.
16.2 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;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. Data protection
17.1 We will use the personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Fees; and
(c) inform you about similar products or services that we provide, but you may ask us at any time to stop using your information in this way.
17.2 We will not give your personal data to any other third party.
18. Other terms
18.1 We may transfer our rights and obligations under any Contract 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 the Contract.
18.2 You may not transfer your rights or obligations to any other person.
18.3 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 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.
18.5 If we fail to insist that you perform any of your obligations under the Contract, 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 automatically waive any later default by you.
18.6 These Terms and the Contract are governed by English law. You and we both agree to submit to the nonexclusive 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.
19.1. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19.2 If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
19.3 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
19.4 These terms and conditions shall be governed by English law and you and we both agree to the nonexclusive jurisdiction of the English courts.