Terms And Conditions
AGREEMENT BETWEEN YOU
AND MUSIC ACADEMICS MUSIC SCHOOL
1. FOR THE USE OF MUSIC ACADEMICS MUSIC SCHOOL STUDIO
TERMS, CONDITIONS, AND COMPANY POLICIES
Time for Payment
All invoices are payable upon receipt. Payment for lessons must be paid in full prior to teaching. Monthly tuition is due seven (7) days prior to student’s first lesson of the month. If student has not paid monthly tuition in full prior to the start of lessons, no lesson will be given. Teacher then reserves the right to modify the student’s lesson schedule or refuse service. There are no refunds once lessons for the month have been paid in full in advance. Student will be sent a courtesy payment reminder by text message, tele-prompt or by email when payment is due. Cash is the acceptable form of payment at the music studio. A receipt will be given on cash payment with classes paid for.
Default in Payment
The Student shall assume responsibility for all collection of legal fees necessitated by default in payment.
If student is unable to attend scheduled lesson, you must contact Teacher twenty-four (24) hours prior to the lesson. This allows sufficient time for your scheduled session to be attended by another student as opposed to the slot remaining unattended. Tuition will not be adjusted/refunded for failure to show up for lessons for whatever reason.
If Teacher cancels lessons due to illness, family emergency, or any other reason, a make up lesson will be granted to the student. Make up lesson will be scheduled on a mutually agreed upon time.
Make Up Lessons
If a student misses a lesson for any reason, the student is not entitled to a make up lesson. Make up lessons will be given solely at the discretion of Teacher and are not mandatory. Consideration will ONLY be given to credible emergencies. Frequent cancellations (more than two classes consecutively per billing cycle) will result in the student losing their time slot and the student's status being changed from Active to Inactive. A billing cycle is four consecutive music classes (one class per week). Further cancellations or missed classes thereafter will result in the student being terminated and classes paid for but not completed in the current billing cycle will not be carried over to the next billing cycle. Should this happen a returning student will be eligible for the next best time slot available and will have to pay for a new billing cycle. Tuition will not be adjusted/refunded for any reason, including missed lessons. Maximum additional days that will be added to any billing cycle for emergencies is one day only. Missed classes can be made up during current billing cycle.
If the student is tardy, the student will only be given a lesson that lasts for the duration of their prearranged and agreed upon time and date. This ensures that students do not impose on each other's time slot. For example, if the student’s lesson is from 4:00-4:30 on Monday, and the student arrives at 4:15; the student will only be given a lesson until 4:30. No make up lesson will be given for tardy students and tuition will not be adjusted.
If the student child becomes disruptive, disrespectful, or otherwise misbehaves, Teacher reserves the right to terminate the lesson without refund. The student’s parent/guardian will be held responsible for any damages caused to Teacher including but not limited to, equipment, home furnishings, or time lost caused by the student and/or parent/guardian. Teacher is the sole determiner of what constitutes misbehavior.
There'll be no lessons during public holidays unless notified otherwise. Tuition will not be adjusted for public holidays.
Each student will be given one sixty (60) minute lesson per week on a pre-arranged day of the week and time slot.
If Student wishes to cancel lessons, they must notify Teacher in writing no less than 14 days prior to the beginning of the next calendar month. If the Client fails to notify Teacher within 14 days of the next calendar month, Client will incur a cancellation fee of $50. Any and all deposits, payments, and/or tuition are non refundable.
Modification of this Agreement must be written.
Limitation of Liability
Student agrees that it shall not hold Teacher or their agents, relatives, or employees liable for any incidental or consequential damages. Student hereby holds harmless Teacher of any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained, whether caused by the negligence of Teacher, or otherwise, while participating in lesson, or while in, on, or upon the premises where the lesson is being conducted. Dispute Resolution Any disputes in excess of $15,000 arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Student shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Teacher.
2. FOR THE USE OF MUSIC ACADEMICS SCHOOL ONLINE
MUSIC ACADEMICS WEB SITE
AGREEMENT BETWEEN USER AND MUSIC ACADEMICS HEREAFTER "MA".
The MA Web Site is comprised of various Web pages operated by MA. The MA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MA Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular MA Web Page included within the MA Web Site will also be subject to the same terms outlined herein. For the terms and conditions that govern the MA web pages and/or services, please see below. Additionally, the MA Web Site may itself contain additional terms, codes of conduct or guidelines that govern use of those pages, including without limitation, particular features or offers (for example business offers and advertisements). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MA Web Page, then these terms shall apply.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
The MA Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MA immediately of any unauthorized use of your account or any other breach of security. MA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MA or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
MA reserves the right to change the terms, conditions, and notices under which the MA Site/Services are offered, including but not limited to the charges associated with the use of the MA Site/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on MA website. Your continued use of the MA Site/Services constitutes your agreement to all such terms, conditions, and notices.
YOUR FINANCIAL RESPONSIBILITY
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the MA Site/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MA Site/Services.
LINKS TO THIRD PARTY SITES
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MA Site/Services, you will not use the MA Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MA Site/Services in any manner which could damage, disable, overburden, or impair the MA Site/Service(s) (or the network(s) connected to any MA Site/Service(s)) or interfere with any other party's use and enjoyment of any of the MA Site/Service(s). You may not attempt to gain unauthorized access to any of the MA Site/Services, other accounts, computer systems or networks connected to any of the MA Site/Services, through hacking, password mining or any other illegal means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MA Sites/Services.
USE OF SERVICES
The MA Site/Services will contain various products and services including and not limited to eProducts and eServices. You agree to use MA only in the manner prescribed and stated for each product/eProduct and service/eService. You agree to complete all registration requirements including all registration fees as stated. You agree to make all other payments including and not limited to subscriptions, memberships and product/eProduct and service/eService fees as required on time. As an affiliate, student, client or customer, you agree to all of the terms (expressed and implied), conditions and notices herein and to the following commission structure. You agree to receive your commission only on successful registrations of your recruits, referrals and students. By way of example, and not as a limitation, you agree that when using MA Site/Services, you will not: Use the Contact Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain music software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of music software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the MA Site/Services. Violate any code of conduct or other guidelines which may be applicable. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading MA. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a MA Site/Service(s) or other user or usage information or any portion thereof. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE MA SITE/SERVICES
MA reserves the right, in its sole discretion, to terminate your access to any or all MA Site/Services and the related services or any portion thereof at any time, without notice. MA may also terminate or suspend your access to MA Site/Service(s) for:
(a) inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by MA;
(b) non payment for services provided such as membership dues, eCourses, advertising services, online education etc;
(c) Misuse/Misrepresentation of any our eProducts/eServices. The amount of time that MA currently considers as an "extended" period of time may be more than 30 days. Upon termination of the MA Site/Service, your right to use the MA Site/Service immediately ceases. You will have to register again wherein the registration fee (if any) will be applicable or bring your account to good status by satisfying all outstanding balances.
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
This agreement is governed by the laws of the State of New York, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of the MA Site/Services. Use of the MA Site/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MA as a result of this agreement or use of the MA Site/Services. You agree to indemnify and hold MA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MA Site/Services. MA reserves the right to disclose any personal information about you or your use of the MA Site/Services, including its contents, without your prior permission if MA has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MA or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. MA performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MA Site/Services or information provided to or gathered by MA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MA with respect to the MA Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MA with respect to the MA Site/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use MA in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access MA.
Revised July 2014
© 2014 Music Academics Music School