Terms & Conditions

The Musical Box Ltd t/a The Musical Box, registered in England number 7139724. Registered office: 10 Main St, Bilton, Rugby, CV22 7NB.

These Terms set out the terms on which The Musical Box supply non-exclusive Services to the Client. It is important that the Client reads these Terms carefully and fully understands them as they establish the contractual relationship between the parties. The terms will become binding on the parties when The Musical Box contacts the Client to confirm that it is able to provide the Services, at which point a contract will come into existence between the parties.

Terms and conditions apply to all services offered by The Musical Box and are available upon request.

Definitions:

When the following words with capital letters are used in these Terms, this is what they will mean:

‘These Terms’ shall mean these terms and conditions as amended by The Musical Box from time to time.

'The Client ' shall mean the individual person, school or corporate entity that engages The Musical Box to provide the Services.

‘The Musical Box’ shall mean The Musical Box Limited (registered number 7139724) whose registered office is at 10 Main Street, Bilton, Rugby, Warwickshire, CV22 7NB.

' The Agreement' shall mean the engagement by the Client of The Musical Box to perform the Services subject to these Terms.

‘The Services’ shall mean the tuition service, music lessons, demonstrations, sales or other music related services to be performed by The Musical Box for the Client pursuant to the Agreement.

‘ The Student’ shall mean the student or students who is being taught.

'Fees' shall mean the professional fees of The Musical Box from time to time as detailed and located at www.themusicalbox.co.uk or otherwise directly amended or detailed only by a director in writing or in person at any time for any service provided therein.

‘Tuition' shall mean the preparation and delivery of a lesson with respect to learning, practical or verbal tuition, one to one or in groups, howsoever transmitted to the intended Student, including but not being limited to teaching and demonstrations.

‘Course‘ shall mean a block of lessons spanning a defined eight (8) week period at the studio or the school term. Six (6) courses make up one teaching year at the studio.

‘Event Outside our Control’ shall mean any act or event beyond The Musical Box’s reasonable control, including without limitation illness or other unavailability of the teacher who was to provide the Tuition, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

Changes to the Terms

The Musical Box may review and change these Terms from time to time. If The Musical Box changes the Terms it will give the Client at least two weeks’ notice of any changes before they take effect.

Lessons

Lessons continue from one year to the next.

Lessons are offered throughout each year in block Courses. Each Course consists of eight weeks. Lessons can be either weekly (half hour or hour) or fortnightly (hour only).

A maximum of 6 eight-week Courses are available each year.

One full year is 48 weeks in total with 2 weeks off at Christmas and 2 weeks break in the summer (August) running from September to August each year.

New Students starting lessons midway through a Course will be charged accordingly for the remainder of the current Course.

Some physical contact with Students may be required to correct stance and technique.

Lessons offered are either 1 hour or 1⁄2 hour in length, normally depending on The Musical Box’s assessment of the Student’s ability and age.

Students having 1⁄2 hour lessons are expected to come weekly as fortnightly half hours are considered to be of minimal benefit to the Student.

Before working for The Musical Box each member of teaching staff will be required to produce a certificate issued by the Disclosing & Barring Service, following an enhanced check undertaken by The Musical Box. The Musical Box will carry out a DBS status check of each member of teaching staff on an annual basis.

Payments

Payments for Courses are made in advance. The Musical Box may change its Fees at any time but any increase will not affect any current Course and will only take effect form the start of the next Course save that if the rate of VAT changes during any Course. The Musical Box will adjust the rate of VAT that the Client pays, unless the Client has already paid in full for the lessons before the change in VAT takes effect.

The Client will set up a direct debit mandate at the time of the first lesson. A monthly payment will be taken from the client to cover the up and coming lessons. If the Client stops the debit or, does not pay the fees when due, The Musical Box may suspend performance of the Services with immediate effect. This does not affect our right to charge you interest.

Methods of payment are direct debit at the time of booking and then monthly thereafter until notice is given. A balance amount may be taken if the student has an outstanding amount remaining at the time of stopping.

If a Student is absent from a lesson no refund or credit will be given. The Musical Box will provide a recorded video lesson by email as an alternative.

Additional services, extracurricular activities or examinations will incur additional charges made known to the Client at the time of enquiry. All additional charges are advertised in advance and additional activities are not compulsory.

If the Client does not make any payment due to The Musical Box by the due date for payment, The Musical Box may charge interest to the Client on the overdue amount at the rate of 3% a year above the base lending rate of Santander Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Client must pay The Musical Box interest together with any overdue amount.

Student’s responsibilities

The Client shall (if it is the Student) and, if not, the Client shall the use their reasonable endeavors to procure that each Student shall:

Attend all lessons.
Practice regularly as advised by their teacher using the practice sheets provided.
Look after, clean and maintain their instruments.
Look forward to and be prepared for lessons.

Client’s responsibilities

Support home practice and comment in the progress book from time to time.
Ensure the Student’s attendance at lessons unless for good reason.
Notify The Musical Box of any known absences in advance.
Be aware that they are responsible for the care, maintenance and insurance of instruments on loan from The Musical Box until returned and they are not authorised to dispose of such instruments.

If there is a problem with the Services

The Musical Box warrants to the Client that the Services will be provided using reasonable care and skill.

In the unlikely event that there is any defect with the Services:

Please contact The Musical Box as soon as reasonably possible;
Please give The Musical Box a reasonable opportunity to repair or fix any defect; and you will not have to pay The Musical Box to repair or fix a defect with the Services.

As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

Termination

The Musical Box reserves the right to cease teaching any Student, at any time after, during or at the end of a Course at their sole discretion. Any lessons outstanding at the time of termination by The Musical Box will be refunded in full.

The Client may terminate Courses at any time by giving The Musical Box not less than two (2) weeks written notice. Courses are sold as complete packages of eight (8) weeks at the studios and eleven (11) weeks in a school term, and any remaining lessons in the Course will not be refunded. After the Client gives notice of termination, Students may attend until the end of the Course, or not, at their discretion.

In the circumstances where notice is given either within 2 weeks of the end of the Course or at the end of a Course, there is no obligation to continue into the next Course.

Written notice should be sent to The Musical Box, Unit 3a Grove Business Park, Atherstone-on- Stour, Warwickshire, CV37 8DX.

Refunds and credits

Refunds or credits are paid only in the following circumstances:

Refunds or credits are available when, due to the absence or unavailability of the teacher, the full quota of lessons have not been offered throughout the Course.

At the absolute discretion of The Musical Box where Students have finished before the end of the Course

Where Clients have given notification of long-term absence, i.e. more than 3 consecutive lessons, and these lessons cannot be made up within the Course, credits will be made against the next booked Course.

Events Outside Our Control

The Musical Box will not be liable or responsible for any failure to perform, or delay in performance of, any of The Musical Box’s obligations under these Terms that is caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of The Musical Box’s obligations under these Terms:

The Musical Box will contact the Client as soon as reasonably possible to notify the Client of the event; and The Musical Box’s obligations under these Terms will be suspended and the time for performance of The Musical Box’s obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects The Musical Box’s performance of Services to the Client, The Musical Box will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

Either party may cancel the Agreement if an Event Outside Our Control takes place and lasts longer than eight weeks.

Limitation of Liability

If The Musical Box fails to comply with these Terms, The Musical Box are responsible for loss or damage the Client suffers that is a foreseeable result of The Musical Box breach of the Terms or The Musical Box negligence. Loss or damage is foreseeable if it is an obvious consequence of The Musical Box breach or if it was contemplated by the parties at the time the parties entered into the Agreement.

Without prejudice to the following paragraph, The Musical Box’s total liability to the Client in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the fees payable for the Course in question.

The Musical Box does not exclude or limit in any way The Musical Box’s liability for:

death or personal injury caused by The Musical Box negligence or the negligence of The Musical Box employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.

The Musical Box maintains up-to-date public liability insurance, however, save as provided above The Musical Box cannot be held responsible for any loss or damage incurred on its premises other than that which is covered by the public liability insurance.

Other Important Terms

The Musical Box may transfer its rights and obligations under these Terms to another organisation, and The Musical Box will always notify the Client in writing if this happens, but this will not affect the Client’s rights or the Musical Box’s obligations under these Terms.

The Client may only transfer its rights or obligations under these Terms to another person if The Musical Box agree in writing.

The Agreement is between The Musical Box and the Client. No other person shall have any rights to enforce any of its terms.

The Musical Box shall have the right to sub-contract performance of the Services.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If The Musical Box fails to insist that the Client perform any of the Client’s obligations under these Terms, or if The Musical Box does not enforce its rights against the Client, or if The Musical Box delays in doing so, that will not mean that The Musical Box has waived its rights against the Client and will not mean that the Client does not have to comply with those obligations. If The Musical Box does waive a default by the Client, The Musical Box will only do so in writing, and that will not mean that The Musical Box will automatically waive any later default by the Client.

These Terms are governed by English law. The Client and The Musical Box both agree to submit to the exclusive jurisdiction of the English courts.

The Agreement constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Musical Box which is not set out in the Agreement.