Section B of these Terms and Conditions applies to you if you are intending to purchase Membership or any of our “Packages” as explained on the Website.
- FOR LOGISTICAL REASONS OUR PACKAGES AND SERVICES ARE AVAILABLE ONLY TO RESIDENTS OF THE UNITED KINGDOM.
- ANY PERSON RECORDING WITH, OR OTHERWISE USING ANY SERVICES OF, SN ENTERTAINMENT MUST BE AT LEAST 14 YEARS OF AGE, SUBJECT TO NOTE (3) BELOW.
- IN THE CASE OF ANYONE BELOW THE AGE OF 18, REGISTRATION AND SUBSEQUENT CONTRACTUAL COMMITMENTS MUST BE UNDERTAKEN BY A PARENT OR GUARDIAN.
- WE SHALL REFUND ANY PAYMENTS RECEIVED BY US FROM AN APPLICANT OUTSIDE THE UNITED KINGDOM, BUT IN THOSE CIRCUMSTANCES ANY NON-REFUNDABLE TRANSACTION FEE CHARGED TO US BY OUR BANK OR BY ANY PAYMENT GATEWAY WILL BE RETAINABLE BY US.
- IF YOU ARE PURCHASING A PACKAGE TO COMMEMORATE A SPECIAL EVENT OR OCCASION, OR OTHERWISE ON A BASIS WHERE THE COMPLETED SOUND RECORDING OR VIDEO IS REQUIRED TO BE DELIVERED TO YOU BY A SPECIFIC DATE, IN THE CASE OF SOUND RECORDINGS WE REQUIRE A MINIMUM OF SIX (6) MONTHS FROM THE DATE OF FULL SIGNATURE OF THIS CONTRACT AND RECEIPT OF THE PAYMENT IN ORDER TO MEET THAT DEADLINE. FOR VIDEOS WE MAY REQUIRE A LONGER PERIOD, WHICH WE SHALL CONFIRM ONCE YOU NOTIFY US OF YOUR EXACT REQUIREMENTS. WE SHALL IN ANY EVENT ENDEAVOUR TO PROCESS ALL PURCHASES AS QUICKLY AS POSSIBLE, BUT BECAUSE OF SEASONAL AND OTHER FACTORS WE CANNOT ACCEPT A SPECIFIC DELIVERY DATE UNLESS WE HAVE BEEN GIVEN AT LEAST SIX (6) MONTHS’ ADVANCE EMAILED NOTICE TO firstname.lastname@example.org OF THAT DATE IN THE CASE OF SOUND RECORDINGS, AND SUCH LONGER PERIOD AS WE MAY ADVISE IN RESPECT OF VIDEOS.
- WE RESERVE THE RIGHT TO DECLINE ANY ORDER FOR A PACKAGE IN OUR ABSOLUTE DISCRETION, EVEN IF YOU HAVE ALREADY PAID FOR IT (IN WHICH EVENT THE FULL AMOUNT PAID BY YOU FOR THAT ORDER WOULD BE REFUNDED TO YOU).
- IF YOU PURCHASE ANY OF OUR PACKAGES OR MEMBERSHIP AT ANY DISCOUNTED PRICE UNDER A SPECIFIC PROMOTION AND/OR OFFER THE RELEVANT PRICES WILL BE THOSE SHOWN AT THE RELEVANT TIME ON THE WEBSITE AND/OR ON ANY OTHER PROMOTIONAL MATERIAL ISSUED BY US AND WILL BE LIMITED STRICTLY TO THE PERIOD(S) OF TIME SPECIFIED BY US FOR THE PARTICULAR PROMOTION(S) AND/OR OFFER(S) IN QUESTION. ALL PROMOTIONS AND/OR OFFERS ARE GIVEN AT OUR DISCRETION AND WE DO NOT GUARANTEE THEIR AVAILABILITY.
- UNLESS OTHERWISE STATED, ALL PRICES EXPRESSED ON THE WEBSITE AND IN THE WELCOME PACK AND ON THE PRESENTATION FOLDERS AND ON ANY OTHER PROMOTIONAL MATERIAL INCLUDING WITHOUT LIMITATION ANY OF OUR FLYERS ARE DEEMED INCLUSIVE OF ANY VAT OR SIMILAR OR REPLACEMENT TAX. UPON RECEIPT OF FULL PAYMENT WE SHALL PROVIDE A VAT INVOICE, IF AND WHERE APPLICABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE WELCOME PACK, IN THE PRESENTATION FOLDERS OR IN ANY OTHER PROMOTIONAL MATERIAL INCLUDING WITHOUT LIMITATION ANY OF OUR FLYERS, THE PREVAILING PRICE ON EACH OCCASION FOR EACH PACKAGE AND/OR SERVICE WILL BE THE RELEVANT PRICE SHOWN ON THE WEBSITE AT THAT TIME. AT ALL TIMES THE PRICES SHOWN ON THE WEBSITE SUPERSEDE AND PREVAIL OVER ANY PRICES THAT MAY BE SHOWN OR DISPLAYED ELSEWHERE.
① Copyright & Restrictions on Use of the Website
Except as otherwise stated, all material on the Website and all copyright, intellectual property rights and other rights in and to that material including its design, structure, appearance, and all content, title and interest in and to our business model, the Welcome Packs, Membership Cards, our Presentation Folders, NCR Pads, Flyers, all our legal contracts including without limitation our website Terms & Conditions, Privacy & Cookies Policy and all other printed and other materials, artwork, copy and information supplied by us or otherwise made available to you, throughout the world absolutely are solely and exclusively and without limit in time owned by SN Entertainment Limited. You may not copy, reproduce or use any material on the Website in any form, format or medium without our prior permission in writing. You may not use, copy, reproduce or exploit any name, trademark, logo, or other proprietary information relating to us for any commercial or non-commercial purpose without our express prior written consent, nor use or incorporate our name or trademark in or as any keyword, meta tag or other hidden content to direct traffic to any other website or web page without our express prior written consent. You may also not engage in the framing of any name, trademark, logo, or other information relating to us without our express prior written consent.
② Definitions & Interpretations
In these Terms and Conditions, and/or elsewhere on the Website as the context admits:
(a) “The Website” means the Website currently located at www.snentertainment.co.uk and any other Website or Web Page and/or online presence via which from time to time we offer any products and/or services.
(b) “Member” means a person registering and creating an account with us via the website or a person registering via a Music Consultant and activating an account with us via the website, for as long as such person remains so registered with an active account, the term “Membership” will be construed accordingly.
(c) “Package” means any of the following packages offered by us via the Website: Audio Production (Gold), Audio Production (Platinum), Audio Production (Personalised), Video Production (Bronze), Video Production (Silver), Video Production (Gold), Video Production (Platinum).
(d) “Service(s)” means a/the service(s) to be provided by us to you in connection with any Package.
(e) “Client Agreement” means our standard form of client agreement from time to time governing the terms and conditions applicable to the creation, production and supply of the sound and/or video recording(s) comprised in a Package.
(f) “Music Consultant” means a consultant supplied by us to explain our Services, answer any questions and assist you with Membership and/or the provision of our Packages and Services.
(g) “Welcome Pack” means the documentation and materials supplied by us to you in response to you registering and taking out our Membership.
(h) “Presentation Folder” means the explanatory brochure used by our Music Consultant (if any) for explaining our Services to you.
(i) “Membership Card” means the official SN Entertainment Limited Registration Card sold by us (and our staff including without limitation Music Consultants, Team Coordinators and Regional Managers) to the general public. Our two (2) types of Memberships are as follows: “Trial Membership” and “Gold Membership”.
As used in these Terms and Conditions, words in the singular include the plural and vice versa. The masculine includes the feminine and vice versa.
(a) In order to become a Member (provided Note 2 and 3 above are satisfied) you must open an account (“Your Account”) with us. Membership can be obtained either through a Music Consultant or via our Online Registration process. If you have opened an account directly with a Music Consultant your Registration is deemed complete on the date of so registering your details with the Music Consultant. However, you must then activate your membership online in order to gain access to any of our Packages or Services. If you have opened an account via our Online Registration process, your membership is automatically activated and your Registration is deemed complete immediately. Registration or Membership activation will require you to supply your name, a valid email address and other information via an online form. You may modify Your Account details online and any new details supplied will apply from the time that such details appear in Your Account. Only Members are entitled to access those sections of the Website expressed to be reserved for Members. In any event, by using Your Account you automatically accept these Terms and Conditions.
(b) You warrant and represent that all personal, contact and other information that you supply to us is true, accurate and complete, and that you will notify us immediately if any of this information changes.
(c) If you become a Member and open an account with us, you will be required to select a password. You will be solely responsible for all uses of your password, including, without limitation, any unauthorised use of your password by any third party. You must notify us immediately if you believe that the integrity and security of your password has been compromised in any way, and/or if you become aware of any other breach or attempted breach of security of the Website.
(d) You may terminate your Membership at any time by Deleting Your Account but no such termination will entitle you to any refund of payments previously made by you.
(e) The Trial membership (if taken out) is valid only for four (4) months from the date of registration of your details. Prior to the end of that trial period you will be invited to upgrade to Gold Membership. Upon expiry of the trial period your right to upgrade under any reduced-price promotional offer then or previously in force will terminate and if you wish to re-join you will be charged the full Lifetime Gold Membership price, currently at £49.
(f) Upon being accepted as a Member you will be issued with a membership card. Membership cards remain the property of SN Entertainment Limited. Lost or destroyed membership cards should be reported to us. Replacement cards will be issued on request at a cost of £15.
(g) Membership fees are not refundable, subject only to your “cooling-off” rights under the Consumer Contracts Regulations.
(h) Your membership card must be produced whenever you attend a vocal recording session or a video filming session. We reserve the right to refuse entry if you do not produce your membership card or other identification acceptable to us in our sole discretion. No refund or re-scheduling of any such session will be granted.
(i) Your membership card must also be produced in order to obtain free of charge entry and/or to perform at any of our Music Events. Anyone accompanying you to a Music Event will be required to purchase a ticket at prices advertised by us from time to time. Places are Limited and admission is not guaranteed.
(j) Following successful registration of your details online your Membership Card and Welcome Pack will be sent to you by “Signed For” post.
(k) Membership cards are strictly non-transferable. The membership (together with all its benefits) of any member purporting to transfer a membership card will be voided, and no membership fee will be refunded.
④ Lawful Use Only
(a) You may use the Website for lawful purposes only. In particular, you must not use the Website in such a way that causes, or might cause, the Website to be damaged or access to it to be interrupted or impaired in any way. You acknowledge and understand that you alone, and not we, are responsible for all electronic communications sent from your computer to us.
(b) You must not use the Website or any content for or in connection with any of the following:
- any unlawful activity, whether civil or criminal;
- any fraudulent activity or purpose;
- any infringement of copyright, trademark or other intellectual property rights, or of rights of privacy or any other rights, or any wrongful disclosure of confidential information;
- the sending or use of any defamatory, offensive, abusive, indecent, obscene, pornographic, injurious, objectionable or threatening material;
- any computer viruses, ‘spam’, spyware, Trojan horses or other malware; and
- mass mailings or chain letters.
⑤ Promotional Materials, Offers & Alerts
After you have registered your details with the Website or (if applicable) activated your membership card, we may send you promotional materials, special offers, text messages, email alerts and similar messages. You may at any time opt out of this feature by clicking the “Unsubscribe from Mails” button on the Homepage of the Website.
⑥ Force Majeure
We shall not be liable for any loss or delay caused by any circumstance beyond our reasonable control including without limitation any Act of God, fire, flood, extreme weather conditions, strike or other industrial action, riot, terrorist activity, civil commotion, accident or emergency, any change in the law, trade embargo or other supervening event.
⑦ Limitation of Liability
(a) Whilst we endeavour to ensure that all information on the Website is up to date and as accurate as possible, to the fullest extent permissible by law we hereby exclude all express and implied warranties including without limitation those as to merchantability, fitness for particular purpose and satisfactory quality.
(b) Except as otherwise specifically published on the Website or as required by law, neither we nor our officers, directors, employees, agents, licensors, content providers, affiliates or other representatives will be liable for any loss or damage of any kind arising directly or indirectly from the use of or any visit to the Website, or from your inability to use the Website, or otherwise in relation to the Website, including without limitation lost profits, incidental, consequential, special, compensatory or exemplary damages except liability for loss caused by our negligence or as a result of our fraudulent misrepresentation, whether or not we have been advised of the possibility of such loss or damage.
(c) Whilst we take reasonable steps to minimise the risk of such events happening, you acknowledge the inherent possibility in server provision of so-called ‘downtime’, ‘hacking’, lost transmissions and lost data occurring. You therefore specifically recognise, accept and agree that we shall not be liable for the loss of, damage to or deterioration of any data, nor for any interruption in or failure of our service or the Website resulting in any loss of income or opportunity or any other consequential loss whatsoever.
(d) Any links that we provide to other websites are given on the strict understanding that we do not control those third party sites and so we cannot be responsible for their content or for any consequent loss suffered by you. You hereby waive any and all claims against us in respect of any matters arising from any such links.
⑧ General Provisions
(a) No action or lack of action by us, other than an express written waiver or amendment, is to be construed as a waiver or amendment of any of these Terms and Conditions.
(c) The third party prices for comparable Audio and Video Productions as shown in the “Presentation Folders” used by our Music Consultants are used as a general industry guide and for comparison purposes only. For example, it can often cost between £3,000 and £5,000 to have a broadcast quality audio track professionally produced, mixed and mastered and £20,000 or more to obtain a professionally directed high broadcast-quality music video.
(d) No purported variation, change or modification of these Terms and Conditions will be valid or binding unless in writing signed by us or posted by us on the Website.
(e) If any of these Terms and Conditions is/are held to be unenforceable, so far as legally possible this will not affect the remaining Terms and Conditions which will continue in full force and effect.
(f) You do not intend that any of the terms of these Terms & Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
(g) These Terms and Conditions are governed by the laws of England and Wales.
⑨ Packages & Services
(a) We are able to cater for all Genres of music.
(b) You acknowledge that our provision to you of any Package is subject to your first signing our Client Agreement which will be provided to you after you have taken out and paid for Membership (via the Website and/or via one of Our Music Consultants) and purchased a Package. After you have read it, the Client Agreement is to be signed electronically via Adobe Sign. Such signature will then constitute a binding agreement between us and you in relation to the provision of the Package in question.
(c) In relation to any Package that you wish to purchase from the Website your order represents an “offer” to us to purchase the specific Package that you have itemised and selected. That offer is accepted by us (at our discretion) only when we have received the Client Agreement back from you without any alteration. Our debiting of any charges to your payment card or other payment gateway does not indicate acceptance of an order. All orders are subject to approval and we reserve the right to reject any order without giving any reason therefor.
(d) Before any order is final you will have an opportunity to check the details and correct any input errors. We reserve the right to reject an order and will notify you if that happens. On rejection all fees previously paid in relation to that order will be repaid. Although we try to ensure that the prices displayed on the Website are accurate, if through a clerical, technical or other error an incorrect price is shown we will give you the option of a refund or a purchase at the correct price.
(e) In deciding whether to accept your order we may use information you have given to us, or which we may already hold about you, or which we may obtain from any credit reference agency. Any such agency will check the details we disclose to it against any database to which it has access, and will keep a record of that check. The credit reference agency will also retain this information and may use it in the future to assist other companies with identity verification to prevent and detect fraudulent transactions. If we decline your offer on security grounds we may contact you to seek an alternative method of payment.
(f) By placing an order, you confirm and represent to us that you are not below the age of 18 years and that you have the full right and capacity under your own local law to enter into a contract.
(g) The price paid by you for any Package is not refundable, subject only to your “cooling-off” rights under the Consumer Contracts Regulations.
(h) You acknowledge and understand that unless otherwise agreed in writing or by email in our sole discretion we shall not commence provision of any Package or Service prior to expiry of the “cooling off” period referred to in Condition 11(g) below.
(a) You agree to pay the applicable charges listed on the Website for all Packages that you purchase. We accept payment by credit cards, debit cards, bank transfer and payment gateways displayed on the Website. You acknowledge that our charges may include an additional fee to cover the charges imposed by credit/debit card companies and/or payment gateways.
(b) Prices are subject to change without prior notice to acceptance of your order.
(c) Our charges are payable in the currency specified on the Website. Your credit/debit card company will calculate your local currency equivalent and you are responsible for any card and/or payment gateway charges that may be imposed by your card issuer or by the payment gateway.
(d) Unless and until otherwise shown on the Website our charges are deemed inclusive of any value added tax (VAT). If and where applicable and required by law the amount of VAT will be shown, where not included in the basic charge shown for your particular purchase. VAT rates are subject to alteration from time to time.
(e) You are solely responsible for paying all third party charges such as (without limitation) for internet access to the Website such as telecommunications charges and the charges of your internet service provider, and all bank charges related to each transaction.
⑪ Applicable only to private consumer transactions (otherwise than in the course of a business)
If you are purchasing Membership and/or a Package as a consumer, and not for any business purpose, then to the extent that the EU Consumer Rights Directive (Directive 2011/83/EU) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Consumer Contracts Regulations”) are applicable to transactions from the Website, this clause 11 provides you with the information that you are entitled to receive prior to or in good time after concluding a contract with us, as follows:
(a) Supplier: The supplier is SN Entertainment Limited, a private company incorporated in England & Wales under registration number 09478010, registered office address 2, Woodberry Grove, London, N12 0DR, England.
(b) Main Characteristics of the Packages/Services: Please see the section of the Website that describes the Packages/Services you are ordering.
(c) Price of the Packages/Services: As set out in the ordering path for your proposed transaction, subject to these Terms and Conditions.
(d) Delivery Costs: As set out in the ordering path for your proposed transaction, subject to these Terms and Conditions.
(e) Arrangements for Payment, Delivery, and Performance: Payment is by credit card, debit card, bank transfer or stated payment gateway unless specifically otherwise agreed by us in writing, as explained in the ordering procedure and in these Terms and Conditions. Unless otherwise stated, delivery is in separate stages as more particularly set out in the Welcome Pack.
(f) Compatibility of digital content. Any digital sound and/or video files supplied will be compatible with the then current main formats of hardware used for playing, storing and transferring such files to other compatible devices.
(g) Your Statutory Rights of Cancellation: Under the Consumer Contracts Regulations consumers have a statutory right of cancellation/withdrawal (a fourteen day “cooling off” period from the date of the contract), subject to certain exceptions.
Only if you wish to withdraw from the contract during the above “cooling off” period, send a paper copy of the letter below (with all required details inserted) to SN Entertainment Limited, 2, Woodberry Grove, London, N12 0DR, England. No letter of cancellation that is not received by us will be accepted unless supported by an official valid and identifiable proof of posting document issued by the Post Office. We therefore recommend that you send any such notice of cancellation by Special Delivery:
To: SN Entertainment Limited, 2, Woodberry Grove, London, N12 0DR, England.
Ref: [Order #, Membership Number and 16-digit Membership Activation Number]
On [specify date] I entered into a contract with you online/via a Music Consultant for [specify full details].:
In accordance with my rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, I would like to cancel the contract.
I require written or emailed confirmation from you that the contract has indeed been cancelled and that no payment will be claimed by you.
My email address is: [insert your email]:
[Sign and also print your full name]
(h) The Period for which the Offer or Price remains Valid: We reserve the right to increase prices from time to time by notice on the Website prior to your placing an order (but any price increase will not affect any order that you have then already placed with us).
(i) The Minimum Duration of the Contract: As Packages are produced in stages, duration will vary depending on your requirements and the speed and accuracy of your response at each stage of the process. We are not responsible for delays occasioned by matters or circumstances outside our control.
(j) Right to Substitute Goods or Services: Not Applicable.
(k) After Sales Service and Guarantees: Except as specifically stated in these Terms and Conditions or elsewhere on the Website, we do not provide any after sales service or guarantees as to our supply of Services and Products.
(l) Complaints/Feedback Handling Policy: We are committed to providing a high quality service. If anything goes wrong, we need you to tell us about it so that we can seek to put it right. This will also help us to maintain and improve our standards. If you have any complaint/feedback, please write to us at SN Entertainment Limited, 2, Woodberry Grove, London, N12 0DR, England with specific and full details. As soon as practicable after receiving your complaint/feedback, we shall send you a letter or email acknowledging your complaint/feedback. We shall then investigate your issue and aim to respond to it within twenty-eight (28) days after acknowledging your complaint/feedback.