Terms & Conditions: Services Provided
These Terms and Conditions shall apply to the provision of the music publicity and such additional services (“Services”) as detailed in the accompanying Schedule (“Schedule”) by Liberty Music PR Limited of Mocatta House, Trafalgar Terrace, Brighton, England, BN1 4BG (“Liberty”) and the client whose details are set out in the Schedule (“Client”). No other terms and conditions shall apply to the provision of Services unless agreed upon in writing between Liberty and the Client.
2.1 With effect from the commencement date and ending on the finish date as stated in the Schedule (“Term”) Liberty shall provide the Services to Client
2.2 Any extension of the Term and/or requested postponement of the Services regarding future releases by the Client shall be subject to Liberty’s written approval and subject to the provisions of Clauses 5.3 and 7.6
- Liberty’s Obligations
3.1 In supplying the Services Liberty shall use reasonable care and skill commensurate with prevailing standards in the creative sector
3.2 Liberty shall use its reasonable endeavours to complete the performance of the Services within the time frames as set out in the Schedule;
3.3 Liberty shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services
3.4 We commit to sending your feedback & results every Friday via email
- Client’s Obligations
4.1 Client shall use its best endeavours to provide Liberty with access to any and all relevant information, materials, assets and other matters which are required to enable the Liberty to provide the Services.
4.2 Client shall acquire any permissions, consents, licences or other matters which are required to enable Liberty to provide the Services.
4.2 Liberty shall not be liable for any delay or failure to provide the Services where such delay or failure is due to the Client’s failure to comply with the provisions of this Clause 4.
5.1 The Client shall pay charges as set out in the Schedule. (“Charges”) to Liberty in consideration for the Services
5.2 The Charges are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5.3 In the event of an extension or postponement in accordance with Clause 2.2 Liberty reserves the right to invoice the Client for any supplementary fees based on the prevailing rates of Charges at the time in accordance with any annual increase
- Contract and Variation
6.1 This constitutes the applicable terms for the provision of the Services
6.2 Liberty agrees to enter into a contract for the provision of Services upon Client’s written acceptance of these Terms and Conditions. Payment (or part payment) of the Charges shall constitute acceptance by the Client
6.3 If Client wishes to vary any details of the Services it must notify the Liberty in writing as soon as possible. Liberty shall in its absolute discretion be entitled to agree to any variation and shall endeavour to make any mutually agreed changes and additional Charges shall be invoiced to Client for an additional work required
6.4 If, due to circumstances beyond its control, Liberty has to make any change in the Services or the arrangements relating to the provision thereof, it shall notify Client as soon as practicable.
7.1 Following the Client’s acceptance of this quotation, Liberty shall invoice Client for the Charges in accordance with the payment schedule in the Schedule
7.2 Client shall pay the Charges due within 3 days of the date of Liberty’s invoice or otherwise in accordance with any credit terms agreed in writing between Liberty and the Client.
7.3 Time for payment shall be of the essence as between Liberty and the Client.
7.4 If the Client fails to make payment within the period in sub-Clause 7.2, Liberty shall charge the Client interest at the rate of 8% per annum above the Barclays Bank PLC base rate from time to time on the amount outstanding until payment is received in full.
7.5 If Client fails to make payment within the period in sub-Clause 7.2, Liberty shall have the right to suspend any further provision of the Services and to cancel any future Services.
7.6 Payments are non-fundable. If a refund is required then it will be subject to Liberty’s approval and shall be in the form of a credit note
8.1 Liberty shall be free to sub-contract the provision of the Services (or any part thereof).
8.2 Liberty shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices and shall not pass any additional charges that may be incurred through the use of such sub-contractors on to the Client.
Either party may suspend or terminate the Agreement if (a) the other commits any material breach of the Agreement and fails to remedy such breach within 30 days
of notification from the non-breaching party; or (b) the other party goes into liquidation, or a Receiver or Administrator is appointed over the whole or a substantial part of its assets or becomes bankrupt
- Intellectual Property and Data Protection
10.1 Liberty and Client each reserve all copyright and any other intellectual property rights (if any) which may subsist in connection herewith and each reserve the right to take such action as may be appropriate to restrain or prevent the infringement of such intellectual property rights.
10.2 Liberty grants the Client a licence to use any biographical material created by it in connection with the Services
10.3 Liberty shall have the right to use the Client’s professional name, likeness and biography in connection the marketing and promotion of its services.
- Liability and Indemnity
11.1 Liberty will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these Terms and Conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Liberty’s employees, agents or otherwise) in connection with its provision of the Services or the performance of any of its other obligations under these Terms and Conditions with the use by the Client of the Services.
11.2 Liberty can accept no liability should a digital service provider remove the Client’s recordings from their platform as a result of alleged breaches of their terms of business
11.3 Client shall indemnify Liberty against all damages, costs, claims and expenses suffered by Liberty arising from and any breach of the warranties hereunder
11.4 Nothing in these Terms and Conditions shall limit or exclude Liberty’s liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability.
- Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, epidemic or pandemic, acts of war, governmental action or any other event that is beyond the control of the party in question.
13.1 No waiver by Liberty of any breach of these Terms and Conditions by Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.2 No failure or delay on the part of either Liberty or Client to exercise any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
13.3 In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, then those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
13.4 Each party shall treat as confidential any information received from the other that is proprietary information or is otherwise capable of being confidential and that is received as a result of the Agreement.
13.5 The Agreement incorporates the entire understanding of the parties, and revokes and supersedes any and all prior agreements, understandings and arrangements, whether oral or written, between the parties, relating to the subject matter hereof
13.6 No one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of its terms
13.7 No amendment or variation of this Agreement will be valid unless confirmed as agreed in writing by an authorised signatory of each party
13.7 The Client warrants that that it/ they are free to enter into this agreement and that there are no third party encumbrances that shall affect the provision of the Services.
13.8 If the Client (or any of them) are minors they warrant that these Terms and Conditions are approved by their parents or guardians as beneficial for the Client
13.9 The obligations on the Client are joint and several.
13.10 For 12 months after the Term the Client shall not directly or indirectly solicit or endeavour to entice away from Liberty any person who is an employee or contractor of Liberty or knowingly employ or assist in or procure the employment or engagement by any other person firm or company of any such person
- Law and Jurisdiction
14.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
14.2 Any dispute, controversy, proceedings or claim relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.