1)         THE BUSINESS

 

1.1       Synergy Sounds operates as a Sole Trader who provides music mixes for but not limited to Cheerleading and Dance and whose services are available through the Website (www.synergysounds.co.uk). To contact us, please email info@synergysounds.co.uk

 

2)         ACCEPTANCE OF TERMS

 

2.1       By using the Synergy Sounds Website, you agree to be bound by its conditions of use (explained below), legal notices, privacy policy and all disclaimers and terms and conditions that appear elsewhere on the Synergy Sounds Website. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

 

3)         ADDITIONAL TERMS

 

3.1       These terms of use refer to the following additional terms, which also apply to your use of our site

• Our Privacy Policy (below), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Please note:

• We may make changes to these terms

• We amend these terms from time to time so please check these terms to ensure you understand the terms that apply at that time.

• We may make changes to our site

• We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

4)         DISCLAIMERS AND LIMITATION OF LIABILITY

 

4.1       By using Synergy Sounds, you expressly agree that, use of the Website is at your sole risk. The Synergy Sounds Website is provided on an “as is” and “as available” basis.  Synergy Sounds do not warrant the accuracy, integrity or completeness of the content provided on the Website or the products or services offered for sale on the Synergy Sounds Website. 

 

4.2       We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

4.3       You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

4.4       Tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on this site are prohibited.

 

4.5       Under no circumstances shall Synergy Sounds be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• Direct, indirect, incidental, special or consequential damages that result from your use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

 

4.6       We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any content to you, which will be set out in the licensed content.

 

4.7       We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

 

4.8       You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

 

4.9       You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

 

4.10     You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

5)         INFORMATION ON THE WEBSITE

 

5.1       Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. Synergy Sounds reserve the right to make changes to the Website and its Conditions of Use and Legal Notices at any time.  Each time you use the Synergy Sounds Website, you should visit and review the current Conditions of Use, Legal Notices and Privacy Policy at that time.

 

5.2       Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

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6)         HOW YOU MAY USE THE WEBSITE

 

6.1       We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.

 

6.2       You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

6.3       Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

 

6.4       You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensing providers.

 

6.5       If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

6.6       You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

6.7       You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

6.8       You must not establish a link to our site in any website that is not owned by you.

 

6.9       Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

 

6.10     We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@synergysounds.co.uk.

 

7)         LICENSES

  

7.1       The samples and unoriginal elements of Synergy Sounds mixes, retain their original licensing and publishing affiliations.  All copyright is included in your order if requested and our licenses for unoriginal elements are purchased from our licensing provider ClicknClear (www.clicknclear.com).

 

7.2       Synergy Sounds license you and your team to use this music for performance purposes only.  By purchasing or obtaining any of our products, you are agreeing to never redistribute our products to anyone unaffiliated with your cheerleading team or facility without receiving our written consent from an employee of Synergy Sounds first, and you agree to not resell, modify or create derivative works of our products.  Finally, you understand that Synergy Sounds retain the license and copyrights to the original sounds, music, lyrics, recordings and production style used in these works.

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8)         PRICING

 

8.1       Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Synergy Sounds reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Synergy Sounds will refund the charge. Individual bank policies will dictate when this amount is credited to your account.

 

9)         FILE DELIVERY AND BILLING

 

9.1       Upon ordering a product/service from Synergy Sounds, an agreed deposit may be requested and will be required to be paid before work begins. Deposits are non-refundable.

 

9.2       Full payment must be received via bank transfer or cheque no later than 30 days after receipt of your invoice or before completion of your mix (whichever comes first). If payment is made after the due date, you may be charged a late fee.

 

9.3       We do not start mixing your music until a written response and/or deposit is received.

 

9.4       Full payment must be received before any amendments begin and before any finalised digital downloads are delivered to you.

 

9.5       If your method of payment is by cheque, the payment must be received before your final music draft is completed.  A confirmation letter will be sent to you via email once your order has been received.

 

9.6       There are no refunds on completed music productions.

 

10)       RUSH ORDERS

 

10.1     Any rush orders that are not completed by the date given will be refunded the rush fee only.

 

10.2     If you require any amendments on a rush order, an extra fee will be charged that is agreed upon by both parties.

 

10.3     Rush Orders require full payment before your music starts the production phase.

 

11)       COMPLETION DATES

 

11.1     The completion date that is given to you on your order confirmation can vary up to one (1) week.

 

12)       MUSIC AMENDMENTS

 

12.1     We currently offer sets of amendments to all our packages. If you require more sets of amendments than the mix you have ordered allows you to have, a charge of £20 an hour will be incurred. Please note: A song change is not included as an amendment.

 

12.2     A set of amendments is as many changes to your music within the framework of the original music that are ordered in one go.  These include changes to anything BUT the songs. If you choose to add or remove any songs, this is not in the framework of the original music.  We only allow up to two (2) songs to be switched out that are the same length and/or 8 counts. If you choose to switch out more than 2 songs in the music, this will incur an extra charge of £20 an hour, which will be charged after the completion of the amendment

 

12.3     Any amendment charges must be paid before the final mix is sent.

 

12.4     Your music will be made available to you once all fees have been paid for.  When ordering your music, we ask that you fill in a Count sheet to ensure accuracy in the music mix.

 

12.5     Completion of any amendments can take up to one (1) week.

 

13)       CANCELLED ORDERS

 

13.1     If you wish to cancel your order, you can do so by contacting Customer Service via email (info@synergysounds.co.uk).

 

13.2     With any orders you wish to cancel, Synergy Sounds must be notified within 48 hours of your order.  Please note:  Deposits are non-refundable.

 

13.3     We reserve the right to terminate any order. In the event that your order has been cancelled, you will be notified.

 

13.4     When you place your order, you will receive an order confirmation with an invoice which is emailed to you promptly after receiving your order. Your order will be cancelled immediately if: 

a. Your response is not received back for confirming the order within three (3) business days; 

b. Your contact information is false.

 

13.5     Absolutely no final version of music will be sent out until full payment has been received.

 

13.6     Completion dates may be delayed until we receive a deposit and/or full payment.  If no deposit and is received within 5 working days of your order, it will be cancelled.

 

14)       RESPONSIBILITIES

 

14.1     We will not be held responsible for any losses, damaged equipment, missed competitions or anything else due to the use of this website and/or our services, email delays or media formats.

 

14.2     We will not be held responsible for any occurrence which revolves around email. All of your emails are responded to in a very timely manner. In any event that you do not receive a response in your inbox (because it ended up in your Bulk/Junk Mail folder), we will not be held responsible for issues which may occur, to include:

a. your music being delayed, even if it is a rush order, 

b. missed competitions, practices or events.

 

14.3     All of your emails and phone calls are answered or returned within two (2) business days where necessary.

 

14.4     All funds received are for music composition, recording, mixing, producing and editing services.  All funds received are not for music distribution, duplication or sale of other artist’s material.  All rights for our services are reserved, and original artists retain all respective rights.  All music is for performance or training use only and where applicable, includes publishing and master rights from ClicknClear (www.clicknlcear.com), our licensing provider for unoriginal elements of the mix.

 

14.5     Duplication of any original material including Voiceovers is prohibited.  

 

14.6     The user who initialized this contracted service will assume all responsibility for their music mix should any “damages” occur.

 

These terms of use, their subject matter and their formation, (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

By submitting your order, you accept and agree upon these terms and conditions of Synergy Sounds, and you understand its contents.

 

With these terms in effect, it allows us to provide you with a better service.  Thank You for your business! 

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