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© 2021.The Song Cabin
Terms & Conditions of Membership
THE SONG CABIN: TERMS AND CONDITIONS OF MEMBERSHIP
Definitions:
“Application for Membership Form”: means the application for a membership form to be completed and submitted to The Song Cabin in order to become a Member of The Song Cabin.
“Contract Term” means a minimum period of six (6) months and which is payable by Monthly instalments until the agreement is terminated by either party in accordance with these terms.
“Transaction Fee” means the fee charged to applying Members and Members on “Credit Card & PayPal” transactions only, this does not apply to “Debit Cards & Direct Debits”
“Member” means the person who is named on the Application for Membership form and for whom, following acceptance of The Song Cabin, then The Song Cabin has agreed to provide services to, in accordance with these terms.
“Members Account Page” means the page on The Song Cabin’s Website that details the name, email, contact details and a photograph (Photograph Not Essential)
“Minimum Membership” means the minimum period of time that a Member is contracted to The Song Cabin.
“Membership Fee” means the payment made by the Member to The Song Cabin to cover membership costs for the Contract Term.
“Membership Term” means a period that a member is contracted to The Song Cabin.
“Specified Service” means the service provided by The Song Cabin and set out in clause 3 to these Terms and Conditions.
“Terms and Conditions”: means the terms and conditions of Membership set out below.
“Website”: means The Song Cabin’s website https://songcabin.com
When applying for Membership of The Song Cabin, the Member confirms that he/she has read and agrees to be bound by these Terms and Conditions. Upon membership being accepted by The Song Cabin, the Member can be provided with its copy of the Terms and Conditions and they should be retained for future reference.
3. Supply of the Specified Service
3.1 The Song Cabin shall at its sole discretion provide the following Specified Service/s to the Member:
(a) Regular email communication promoting forthcoming Events
(b) Opportunity to promote your work/s to various record labels and radio stations*
(c) Opportunity to exhibit your work/s at Events
(d) Your work/s will be aired (with your permission) on Wrekin Radio (Shropshire) https://wrekinradioshropshire.com
3.2 The Specified Service/s is given to the Member subject to these Terms and Conditions.
3.3 The Song Cabin shall use its reasonable endeavours to provide the Specified Service within the specified times at the time of agreeing to the service/s.
3.4 The Club may at any time without notifying the Member reserve the right to make any changes to a Specified Service which are necessary to comply with any safety or other statutory requirements and/or which do not materially affect the nature or quality of the Specified Service.
3.5 Any other changes or additions to a Specified Service or these Terms will be notified to the Member by email by The Song Cabin in advance of those changes taking place.
4. Contract Term and Payments
4.1 Membership of The Song Cabin is for an Initial Contract Term of 6 months and is subject to payment of the Membership Fee every month, these will be collected every 1st day of the month in advance.
4.2 The discount/s offered to our services at The Song Cabin are agreed under the condition of clause 4.1 above.
4.3 Following the expiry of the Initial Contract Term and any subsequent Contract Term, the Member must renew their Membership paying the Membership Fee for the following month/s otherwise Membership may be suspended/terminated in accordance with these Terms and Conditions.
4.4 Applying and existing Members shall pay the transaction charge for Credit Cards and PayPal Only.
4.5 Members shall pay an additional fee, to be agreed between the Club and the Member, for a sponsored hyperlink to appear on the Website.
5. Warranties and Liability
5.1 The Club warrants to the Member that the Specified Service will be provided using reasonable care and skill as far as reasonably possible. Where the Club uses the service of any agent or a third party The Song Cabin give assurance that these agents and third parties have been vetted as to the quality of their work for The Song Cabin.
5.2 The Song Cabin shall not be liable to the Member or be deemed to be in breach of these Terms and Conditions because of any delay in performing their obligations that are offered under the terms of this agreement. Any of The Song Cabin’s obligations concerning the Specified Service, if the delay or failure is due to any cause beyond the Club’s reasonable control, The Song Cabin will endeavour to complete them as soon as possible.
6. Suspension/Termination of Membership
6.1 The Member may terminate the Membership by giving no less than two (2) weeks notice to The Song Cabin. If notice is given during the Minimum Contract Term, the Member must come to an arrangement between The Song Cabin and the member in connection to the Membership Fee for the Minimum Contract Term.
6.2 In the event that the member fails to keep up with his/her Minimum Membership Contract and their membership to The Song Cabin is suspended or terminated, then any discount offered or already claimed will be subject to full retraction and if the finished product or work/s have been completed, then the full price will be payable. (8.14)
6.3 Upon termination of the Membership, all sums owed by the Member to the Club shall become due and payable by the Member with immediate effect. (8.14)
7. Insolvency of Member
7.1 This clause applies in the following circumstances:
7.1.1 The Member makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
7.1.2 An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Members;
7.1.3 The Club reasonably believes that any of the above events are about to happen and notifies the Member accordingly; or
7.1.4 If this clause applies then, without limiting any other right or remedy available to The Song Cabin, The Song Cabin may cancel the Contract or suspend Membership, including access to its Website Services.
8. General
8.1 Membership allows a Member/s to access certain areas of the Website. If a Member decides to cancel their Membership, access will stop.
8.2 If you enter your details in any enquiry form or contact form you are giving your express permission for your details to be added to our database for contact purposes only. Your details will not be provided to a third party, see Clause 8.4 below.
8.3 The Song Cabin understands that email marketing is a useful tool, however, The Song Cabin will try to keep email marketing to all Members to a minimum and include an ‘opt-out’ facility on every email.
8.4 As a Member of The Song Cabin, the Member agrees to conduct themselves in a professional and business-like manner, treating other members with respect at all times. If The Song Cabin should receive a complaint about any Member’s behaviour, it reserves the right to suspend Membership. Such complaints would constitute a breach of these Terms and Conditions.
8.6 Membership of The Song Cabin is at the sole discretion of The Song Cabin and it reserves the right to refuse Membership.
8.7 Our website uses cookies to monitor browsing preferences. If you do allow cookies to be used, certain personal information may be stored by us. We will never share your details with third parties, without your express permission.
8.8 Wavier. No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.9 Confidentiality.
8.9.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by below.
8.9.2 As may be required by law, a court of competent jurisdiction or any or regulatory authority.
8.9.4 If the Member of The Song Cabin’s information is needed by a service provided by The Song Cabin.
8.9.5 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Terms and Conditions.
8.10 Notices. Any notice to The Song Cabin is to be sent in writing to 54 Pageant Drive, Aqueduct, Telford, Shropshire, United Kingdom, TF4 3RF or by email to admin@songcabin.com. Notices to the Member will be sent to the address on the application form unless The Song Cabin is otherwise informed in writing. The provisions of this clause shall not apply to the service of any proceedings or documents in any legal action.
8.11 Severance. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
8.12 Entire agreement. These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.12.1 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
8.13 Variation. No variation of Membership shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
8.14 Force majeure. Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its control i.e... Bereavement of either party.
8.15 Third parties. No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.
8.16 Governing law. These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
8.17 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.