2 Waterford Close, Cobham, KT11 1BF

E: info@synergysounds.co.uk T: 02035796205

Copyright © 2018 Synergy Sounds.

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A ClicknClear Approved Provider

Terms & Conditions

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.

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.

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! 

 

PRIVACY POLICY

 

Synergy Sounds ("We") are committed to protecting and respecting your privacy.

 

This policy, together with our terms of use above and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.synergysounds.co.uk you are accepting and consenting to the practices described in this policy.

 

IF YOU DO NOT AGREE WITH THIS POLICY, DO NOT ACCESS OR USE OUR SERVICES OR INTERACT WITH ANY OTHER ASPECT OF OUR BUSINESS.

 

For the purpose of relevant legislation including General Data Protection Regulation (“the Act”), the data controller is Synergy Sounds of 2 Waterford Close, Cobham, KT11 1BF.

 

INFORMATION WE COLLECT

 

We will collect and process the following data about you:

  • Information you give us. This is information about you that you give us by filling in forms on our site www.synergysounds.co.uk (“our site”) or by corresponding with us by e-mail or otherwise. It includes information you provide when you subscribe to our service, order on our site, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, [“other information”].

Information you provide to us is not always provided via our site but potentially via third-party services, such as social media.

  • Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:

  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version;

  • information about your visit, including content you viewed or searched for or bought, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.

 

HOW WE USE YOUR INFORMATION

 

We use information held about you in the following ways:

  • Information you give to us. We will use this information:

  • to carry out our obligations arising from any orders and to provide you with the information, content and licenses that you request and, including providing you with current information about the content we offer, including newly-available content and/or content that is similar to those that you have already licensed or enquired about (“the Services”);

  • to notify you about changes to our business; and

  • to ensure that content from our site is presented in the most effective manner for you and for your computer.

  • Information we collect about you. We will use this information:

  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

  • to allow you to participate in interactive features of our service, when you choose to do so;

  • as part of our efforts to keep our site safe and secure;

  • to measure or understand the effectiveness of advertising we may serve to you and others, and to deliver relevant advertising to you;

  • to make suggestions and recommendations to you and other users of our site about services that may interest you or them.

  • Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

 

LAWFUL PROCESSING OF DATA

 

We collect and process information about you only where we have a legal basis for doing so under applicable laws. The lawful basis depends on the services you use and how you use them. This means we collect and use your information only where:

  • We need it in order to provide you the services, including to operate the services, provide customer support and personalised features and to protect the safety and security of the services.

  • It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the services and to protect our legal rights and interests.

  • You give us consent to do so for a specific purpose.

  • We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the services.

 

HOW LONG WE KEEP INFORMATION

 

How long we keep information we collect depends on the type of information, as described below. After such time, we will either delete or anonymise your information or, if this is not possible (for example, the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.

 

Order Information:

Due to the nature of our Services, if you stop using our services and do not tell us, your information will remain on our records in case you decide to start using our services again. If you wish for your data to be removed, you must email info@synergysounds.co.uk.

We also retain some of your information that is necessary:

  • To comply with our legal obligations

  • To resolve disputes

  • To enforce our agreements

  • To support business operations

  • To continue to develop and improve our services.

Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services.

 

Marketing information:

If you have elected to receive marketing emails from us, we retain information about your marketing preferences until you opt out using the opt out feature in your account settings. We may remove you from our marketing emails should we receive 5 consecutive hard bounces from your account.

 

DISCLOSURE OF YOUR INFORMATION

 

We share information with third parties that help us operate, provide, improve, integrate, customise, support and market our services.

We work with third-party service providers for the following:

Website and application development

Hosting

Maintenance

Backup

Storage

Virtual Infrastructure

Payment processing

Analysis

Email Communications

 

If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.

 

We will also disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.

  • If Synergy Sounds or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Synergy Sounds, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

 

WHERE WE STORE YOUR PERSONAL DATA

 

All information you provide to us is stored on our secure servers.

Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Any data that we collect via our services is transferred over an SSL protocol for security during transmission.

 

YOUR RIGHTS

 

Below is a list of your rights and information on how to exercise them:

Request a copy of your information:

send an email to info@synergysounds.co.uk and ask for your information. We will provide this information to you within 1 month from the point we have all the information required to process the request.

 

Withdraw previously given consent: Where you gave us consent to use your information for a limited purpose, you can send an email to info@synergysounds.co.uk stating the consent you wish to withdraw, but this will not affect any processing that has already taken place before that time. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honoured or the dispute is resolved.

 

Request the deletion or restriction of your information: send an email to info@synergysounds.co.uk and ask for your information to be deleted. We will notify you if, for any reason, not all the information we hold can be deleted and will inform you of the implications of us deleting your information, including permanent loss of access to our services. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our contractual and legal obligations.

 

Object to our use of your information (including for marketing purposes): You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your account settings menu. You can also do this, and object to our use of your information, by emailing info@synergysounds.co.uk.

You may be able to opt out of receiving personalised advertisements from other companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioural Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info , http://optout.networkadvertising.org/  and http://www.youronlinechoices.eu.

 

Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our services.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.

 

LINKS FROM OUR SITE

 

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

 

CHANGES TO OUR PRIVACY POLICY

 

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

 

CONTACT

 

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@synergysounds.co.uk.