TEL: 0774 381 55 28

© 2013 by Music Unlimited. All rights reserved.

STANDARD TERMS AND CONDITIONS

 

Definitions:

 

Music Unlimited:   The Company as a whole including any one or all of the staff who work on behalf

     of Music Unlimited. This term also incorporates the rebranded name of re-engage

Client:                     The organisation with whom this contract is made and is signed on the behalf of

Service users:       The individuals under the care and supervision of the client who access the

    service provided by Music Unlimited / Reengage

Service provider:   The member of staff working on behalf of Music Unlimited / re-engage

 

 

Responsibility of Music Unlimited/Re-engage

 

 

  1. To provide Music workshop sessions to service users on behalf of the client, to include but not limited to the use of a range of instruments and recording equipment.

  2. To provide a creative environment and provide unlimited access to a variety of sounds and styles of music within the sessions.

  3. To ensure that their equipment is fit for purpose

  4. To provide termly a hard copy of all works recorded by the service users in the form of a CD.

  5. To provide whenever possible a substitute service provider when a regular service provider is unable to attend a session.

  6. Music Unlimited shall ensure that all service providers have a valid enhanced DBS check appropriate for the client group

  7. Music unlimited shall hold and maintain a public liability insurance policy

  8. Music unlimited staff shall not assist in moving and handling, of service users or be party to restraints. It is the clients responsibility to ensure that their staff are on hand and accessible for such issues. Any damage caused to music unlimited staff both physically and financially resulting from a failure to adhere to this term shall be compensated by the client.

  9. Music Unlimited staff shall be punctual to sessions. Any delay in sessions caused by Music Unlimited shall, in the first instance, be made up with the staffs own time. If this is not possible then Music Unlimited shall credit this time back to the client.

  10. Music Unlimited service providers shall be well presented.

  11. Music Unlimited and service providers shall respect and maintain all confidentiality of the client and service user.

  12. Music Unlimited and service providers shall remain sensitive and respectful of all service users individual needs.

  13. Music Unlimited will seek compensation from the client if equipment is damaged by a service user, client’s staff or due to negligence of the client. Whilst we will always look for the lowest cost way of fixing or replacing equipment, any subsequent loss of work to Music Unlimited as result of the damage, will be payable by the client.

  14. Due to the unavoidable physical aspect and practicality of playing and handling musical instruments, the service provider shall always seek permission from the service user before any physical assistance is given in regards to playing musical instruments.

 

 

 

 

 

 

 

 

Responsibility of client

 

  1. The client will ensure that a room is available for music Unlimited to provide their service in that is fit for purpose, adequately heated to health and safety guidelines and furnished appropriately for clients use.

  2. If music Unlimited is required to leave equipment in the room for any reason including breaks, the client will ensure that this area is not used by service users or the client staff in music unlimited absence, and wherever possible and appropriate lock the room whilst vacant.

  3. The client takes full responsibility for any damage caused to music unlimited equipment in the event of a breach to the previous clause, and understands any physical and financial loss sustained by music unlimited in such an event shall be reclaimed from the client.

  4. The client is responsible for escorting service users to and from Music Sessions.

  5. To ensure that adequate parking facilities are available for the service provider to load and unload equipment. The client accepts that the equipment is heavy and to minimise risk to session providers through manual handling.

  6. The client is responsible to provide care staff in sessions as appropriate to the service users needs, risk assessments and care plans, which should be agreed with the session provider.

  7. Any of the client’s staff provided to support service users through sessions will not hold private conversations or make use of personal equipment such as mobile phones when sessions are in situ.

  8. The client shall make Music Unlimited and service providers aware of any current needs, medical issues or problems relating to service users, prior to the commencement of the session. If this is not adhered to and injury to services users, support staff, sessions providers or music equipment occurs, music Unlimited shall not be liable, and the client takes on full liability.

  9. The client shall ensure that music unlimited know where to find assistance in case of an emergency with a service user prior to commencement of the session. If this is not adhered to and injury to services users, support staff, sessions providers or music equipment occurs, music Unlimited shall not be liable, and the client takes on full liability.

 

  1. The client shall confirm with music unlimited should any new service users or staff wish to participate in a session, to ensure appropriateness.

  2. The client takes responsibility to ensure the respect and protection of music unlimited equipment by both service users and the client. In line with point 13, the client takes financial liability if this is not adhered to.

  3. Any damage, accidental or otherwise, that occurs to music unlimited equipment by either the client, staff member or a service user, shall be the responsibility of the client and they will be liable for all costs to either repair or replace the item/s. and any subsequent financial loss. Whichever is deemed appropriate to the damage/equipment by music unlimited.

  4. The client is responsible to ensure that the sessions are filled and attended. The client is responsible for full payment of hours booked, regardless of whether or not the client fills the space available, or if the student fails to attend for any reason.

  5. The client will not offer the service provider a contract or offer of employment in any capacity, within 6 months of the service provider leaving music unlimited employment or cancellation of their sub-contractors contract. Breach of this term will result in a charge being levied from music unlimited to the client of 3 months charges or £7,500 whichever is the greater.

  6. The client acknowledges that any reports required to be produced by either Music Unlimited or the service provider, is chargeable to the client at our standard rate. The client can choose whether to pay for additional time to the sessions or make time within the sessions for these to be completed.

 

Confidentiality

 

 

  1. Music Unlimited shall maintain confidentiality to the client and service users alike.

  2. The client shall maintain confidentiality to Music Unlimited, to include discussion of service costs, procedures and working methods.

  3. Any discussions held between music unlimited and the client should be held privately away from service users and the clients staff unless wholly inappropriate to do so at that time.

  4. All electronic communications between Music Unlimited and the client shall be sent coded and encrypted, with a mutually agreed password.

 

 

 

 

 

 

 

 

 

Music Rights

 

  1. Music Unlimited reserves the right to make copies and use any finished recorded work obtained through session for promotional use.

  2. However, the client will be informed of any such action. Complete anonymity shall be adhered to in such an instance, in respect to Service user and client confidentiality.

  3. Permission to use recorded work containing copyrighted samples must be sought by the client or service user. In the event of not seeking permission to use recorded work containing unauthorised samples for commercial purposes Music Unlimited shall not be liable or responsible for any persons in breach of this contract and any fines or court proceedings that may occur from the clients actions.

 

 

 

Payment Terms

 

  1. Monies owed for services provided by music Unlimited shall be presented to the client after such services have been received by the client, through an invoicing system.

  2. Music Unlimited shall receive a remittance notice from the client when payment is presented.

  3. Invoices are due for payment 5 working days after  submission to the client

  4. Invoices that remain unpaid after 20 working days, and result in a reminder being issued will be subject to a £25 administration charge.

  5. Any invoices that remain unpaid after 30 working days will be subject to interest based on the legal rate of 8% above the standard bank of England base rate

  6. Currently Music Unlimited is not liable for VAT. However acknowledgement is given that in the future should Music Unlimited become liable for VAT this cost shall be added to the clients invoice.

  7. Any changes to the cost of Music Unlimited services will be given in writing with 10 working days notice of date of commencement.

  8. Payment will be accepted by cheque, cash or bank transfer. However if more than 1 cheque is raised to pay one invoice then a £1 per cheque charge will be issued. This is in line with Music Unlimited’s bank charges and may change in line with the banks charging structure

  9. In the unlikely event, any charges incurred by Music Unlimited from the bank, as a result of a direct non payment of invoices on an agreed date, due to error or otherwise,  shall be passed on to the client.

 

 

 

 

 

 

Termination procedure

 

  1. Should the client wish to cease trading then 1 terms notices of termination is required

  2. If a session has to be cancelled due to Music Unlimited then no charge shall be made to the client, however music unlimited will endeavour to reorganise this session at a time that is mutually agreeable.

  3. If a session is cancelled by the client, then the client shall still be responsible for payment of that session in full

 

 

 

Complaints procedure

 

  1. In the event of a complaint needing to be made about Music Unlimited service or service providers, the client will in the first instance address this issue with their service provider, this should be where appropriate in private and not in front of service users and the client’s staff.

  2. If the complaint is of a serious nature then the client must contact either of the partners Shaun Lock or Rebecca Lock as soon as possible.

  3. The foresaid complaint must then be received in writing by music unlimited. Music Unlimited will endeavour to find a solution to any problems

 

Renegotiation/renewal

 

  1. This contract will run until written notice is given by either party as set out in the termination procedure.

  2. Should the client wish to reduce the number of hours provided by Music Unlimited then 1 terms notice shall be given in writing. Valid from receipt of letter.

  3. Any changes to this contract shall be submitted to the client in writing as the occur