©2017 Viral Music Ltd

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Viral Music Ltd, Brunswick Mill,

Manchester M40 7EZ 

Terms and Conditions

Your use of Our Site, Our App and Our Telephone Booking Service is subject to these terms and conditions together with any additional terms and policies referred to in them ("Our Terms"). 

Thank you for choosing Viral Music, the only Music Agency for all your entertainment needs. 

These terms and conditions of service together with any terms and policies referred to in them constitute a legally binding agreement between you and Viral Music Ltd ("Viral Music", "VM", " we ", " us " or " our "). Viral Music Ltd is a private limited company registered in England and Wales with company No. 10792942 whose registered office is located at the following address: 2A Stone Villa, Leeds, LS6 4AA

Viral Music provides a booking service via a mobile app for for a range of various musicians, acts, equipment hire and  ("Services") that are performed in each and every case by independent self-employed professional performers ("Performers"). In providing this booking service, Viral Music matches potential clients with independent acts, administering the relationship between such performers and clients. VM has no responsibility for any Services that you book through us: we are simply involved with the booking process. 

When booked by us, the Services you receive will be subject to the Independent Performers' terms and conditions. The Independent Performers' T&Cs will form the basis of your agreement with the Independent Performer for the Services. Viral Music is not a party to any Service Agreement: this will solely be between you and the Independent Performer who provides you with your Services. 

Our Terms govern your use of our website, our mobile app and our telephone booking services (collectively " Our Booking Services "). By using Our Site or Our Booking Services, you agree to abide by Our Terms. 

Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through Viral Music for any Services. 

In order to provide Our Booking Services, we may collect personal data from you. Before making a booking with us please read our privacy policy available here (" Our Privacy Policy "). 

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 requires Viral Music to give you certain key information for there to be a legally binding contract between you and us. This information is set out below. Details on how to make a booking are set out below. If we wish to change any key information once a legally binding contract is made, we can only do this if you agree to it. 

We only conclude contracts in the English language. 

ELIGIBLE USE 

You confirm that you are of legal age to access and use Our Site and/or Our Booking Services and of legal capacity to agree to Our Terms. You are not eligible to use Our Booking Services if you are under the age of 18. 

USAGE 

When registered on Our Site you will be able to submit a request for Services at a time and place of your choosing, we will then connect you with an available Independent Performer in the vicinity. 

BOOKING PROCESS & PAYMENT 

You can make a booking request through Our Site by stating the time, place and type of service required. 

Your payment details will be requested at the time of booking and payment will be collected when you receive the booking confirmation email confirming your Service with the Performer. 

Full payment of the Service Fee is due at the time of booking the Service with the Independent Performer through us.

The Service Fee belongs to the Independent Performer who provides the Service and is paid directly to them on booking confirmation. For each booking made through us, we charge the relevant Independent Performer an agreed fee (plus any VAT payable thereon) for introducing you to that Independent Performer.

Viral Music's platform collects the Lesson Fee from you, sending it directly to the Independent Performer via payment processor, Stripe. For each booking made through us, we charge the relevant Independent Performer an agreed fee for introducing you to that Independent Performer ("Our Commission"). We have an agreement with each Independent Performer under which we are entitled to deduct Our Commission from the Service Fee paid by you for the Services. 

We will do all that we reasonably can to ensure that all of the information you give us when paying for the Service is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of Viral Music, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time. 

All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via Verified by Visa. 

By making a booking you agree to provide complete, correct and true information including without limitation billing and payment information. 

Once your booking is accepted and confirmed by the Performer, you will receive confirmation of your booking by email. 

By making a booking, you are responsible for: 

  • Full payment of the applicable Service Fee;

  • Ensuring the Independent Performer has access to your Designated Premises which must, in all cases, represent a suitable space in which the Service can be performed, with all appropriate facilities (including, PA, sound system and relevant accompanying DJ); and

  • Ensuring the health and safety of the Independent Performer whilst at your Designated Premises.

All Service Fees are payable through Our Mobile App, through a payment link or over the telephone as part of our booking service. 

PRICES 

The price of Services (each a "Service Price" and collectively " Services Prices ") varies according to the type and duration of the Service you book and also the location of the premises you have designated for the Service to be provided to you by the Independent Performer ("Designated Premises"). Service Prices are set from time to time and the Service Price you will be required to pay for a specific Service (each a "Service Fee" and collectively "Services Fees") will be determined by reference to the Service Prices in force at the date when that Service is booked. 

Full details are set out in Our Site (www.viralmusicuk.com/legal

CUSTOMER RESPONSIBILITIES 

In addition to the responsibilities noted above, it is your responsibility to provide complete and accurate information at the time of booking. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking or an inability of the booked Independent Performer to provide the Services as requested. Such failure may also result in loss or incorrect delivery of your booking confirmation. 

CANCELLATION & REFUNDS 

You acknowledge that you do not have any statutory right to cancel a booking made for a Service. However, you have a contractual entitlement to cancel any booking you have made with an Independent Performer through us in the following circumstances and on the described terms. 

Subject to the cancellation being a Late or Very Late Cancellation (as described below), if you change your mind about your booking prior to the agreed appointment start time in that booking ("Performance Time") then the Independent Performer will be willing to treat your booking as cancelled (without requiring payment of all or any part of the applicable Service Fee and without levying any cancellation fee) if you cancel your booking via Our Mobile App: 

 

  • at least forty-eight (48) hours prior to the Service Time; or

  • if the Service Time falls within forty-eight (48) hours of the time of booking, within ten (10) minutes of you having confirmed that you want to make a booking ("Grace Period").

If your cancellation of a booking is: 
 

  • within forty-eight (48) hours of the Service Time; or

  • after the Grace Period has elapsed

then unless the cancellation represents a Very Late Cancellation (as described below), the Independent Performer will be entitled to retain (or charge, as the case may be) fifty per cent (50%) of the applicable Service Fee because your cancellation represents a Late Cancellation . 

However, if your cancellation of a booking is within twenty-four (24) hours of the Service Time and if applicable, the Grace Period has elapsed, the Independent Performer will be entitled to retain (or charge, as the case may be) one hundred per cent (100%) of the applicable Service Fee because your cancellation represents a Very Late Cancellation. 

You will also be charged the full Service Fee by the Independent Performer if you: 

 

  1. Cancel a booking other than as permitted above;

  2. Attempt to cancel a booking on or after Service Time; or

  3. Fail to attend a booking at the Service Time and/or at the Designated Premises.

A cancellation fee is charged in order to compensate the Independent Performer because it is not reasonable to expect that Independent Performer to be able to provide a Service to another booking where you cancel with short or no notice. 

EXTENSIONS AND DELAYS 

If you wish to extend the time you have booked, the Independent Performer will endeavor to fulfill your request. This subject to the availability of the Independent Performer and also payment of an additional charge for the extended time calculated in accordance with the Service Prices (each an "Extra Time Charges" and collectively, " Extra Time Charges "). 

If you are delayed and unable to start the Service at the Designated Premises at the Service Time by more than 10 minutes then, unless the Independent Performer agrees to the contrary (which is within the sole discretion of the Independent Performer): 

 

  • the Independent Performer is entitled to end the Service at the time agreed when the booking was made without making any adjustment to the Service Fee to reflect the reduced time of the Service; or

  • if you and the Independent Performer agree to proceed with the Service for the full time allotted notwithstanding the delayed start time, then the Independent Performer shall be entitled to receive and you shall be obliged to pay before the relevant Service is given, an additional charge calculated at the rate set out with the Service Prices for extra time.

We will collect the Extra Time Charges as introducers of the Independent Perfomer. 

VIRAL MUSIC ACTS ONLY AS AN INTRODUCER 

Our Booking Services enable those seeking acts to book appointments with Independent Performers seeking to provide such Services. Whilst VM interviews and assesses Independent Performers who wish to provide Services, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Independent Performers. This is entirely a matter for you. Accordingly, you acknowledge and agree that VM does not have any obligation to conduct any background checks on any Independent Performer and have no obligation in respect of any service they may provide. 

When interacting with any Independent Performer you should exercise caution and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unknown to you. 

PROHIBITED USE 

Our Booking Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Services as expressly described above. You must not use the Site, the Mobile App or Our Booking Services to do any of the following which are strictly prohibited: 

 

  • Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;

  • Restrict or inhibit any other user from using and enjoying Our Booking Services;

  • Infringe the privacy rights, property rights, or other civil rights of any person;

  • Harass, abuse, threaten or otherwise infringe or violate the rights of Independent Perfomers, VM (including its employees and personnel) or others;

  • Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;

  • Use technology or other means to access our computer network, unauthorised content or non-public spaces;

  • Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit Our Booking Services' functionality;

  • Damage, disable or otherwise impair our servers or networks or attempt to do the same; and

  • Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of Our Booking Services for unlawful or unauthorised purposes.

You agree not to breach these Terms in any way which may result in, among other things, termination or suspension of your access to Our Booking Services. 

INTELLECTUAL PROPERTY 

VIRAL MUSIC LTD, the Viral Music logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Site or the Services (whether registered or unregistered) belong to us or our licensors (as are applicable) and are protected by intellectual property law. Nothing in these Terms grants you any rights in the Site or Our Booking Services or the content within the same. All rights are reserved. 

DISCLAIMER 

As noted above, we introduce individuals seeking Services to Independent Performers seeking to provide such Services. We are not liable or responsible for the fulfilment of any booking or the performance of the Independent Performers. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent Performers or any Service. 

Content on Our Site and Mobile App is made available as part of Our Booking Services is provided for your general information purposes only. Nothing contained on Our Site or Mobile App or communicated any other way as part of Our Booking Services constitutes, or is meant to constitute, advice, opinion or guidance of any kind. 


We make no warranty or guarantee that Our Site or any other aspect of Our Booking Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of Our Site, or any other aspect of Our Booking Services. 

Nothing in Our Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in Our Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of Viral Music, fraud or fraudulent misrepresentation by Viral Music, or any matter which it would be illegal or unlawful for Viral Music to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

We are not liable or responsible for any errors in or failure to provide Our Booking Services due to your error or failure to provide accurate and complete information. 

Whilst we make every effort to ensure that Our Booking Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of Our Booking Services. We reserve the right to suspend or cease the operation of all or part of Our Booking Services from time to time at our sole discretion. 

USE OF THIS SITE, OUR MOBILE APP AND OUR BOOKING SERVICES IS ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED AT LAW IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVING OR PROFITS, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES. 

INDEMNITY 

You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to Our Booking Services and otherwise from your violation of Our Terms. 

MODIFICATION & TERMINATION 

We may modify Our Terms or terminate use of Our Booking Services at any time by giving notice of termination to you. The Service Prices may also change from time to time. We may also change, suspend, terminate or discontinue any aspect of Our Booking Services including availability of certain features at any time for any reason. 

SEVERABILITY 

If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected. 

GOVERNING LAW & JURISDICTION 

You agree that Our Terms for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the nonexclusive jurisdiction of the English courts as regards any claim or matter arising under these Terms. 

Please email info@viralmusicuk.com for any other enquiries.