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Terms and
Conditions
Topics
General
Your use of this site, and of our music service is governed
by the terms and conditions set out below. We recommend that
you also read our Privacy Policy. You can print the full terms
and conditions by selecting the print option in the 'File'
menu of your browser.
We may, at any time, make changes to this site and the
details displayed on it (including prices).
Site Terms of Use
You may download and print extracts from this site for your
personal use, or for use in making business decisions, only.
No right, title or interest in any downloaded materials is
transferred to you by such downloading. You may not make any
other use of material on this site. You are not allowed to
copy (whether by printing onto paper, storing on disk or any
other way), distribute (including distributing copies), tamper
with or alter in any way or otherwise use any material
contained on this website.
You are not allowed to use the website for any activities
that breach any laws, infringe any other parties' rights, or
breach any standards, content requirements or codes published
by any relevant authority.
You are not allowed to use the site in any way that
interferes with our systems, other users or harasses, menaces
or harms anyone. You will indemnify us from and against all
actions, claims suits, demands liabilities, costs or expenses
arising out of or in any way connected with, use of the site
by you or any other person using your login information.
You are not allowed to use the site to make any
speculative, false or fraudulent orders.
The information contained on this site is correct to the
best of our knowledge at the time of publishing. If we make
any errors in the information contained in this site, we agree
to correct this as soon as notified, and will not be held
responsible for any issues resulting from your usage of the
incorrect information. We cannot be held responsible for the
results of your use of any of the information contained on
this site.
This website may also contain certain GMS (Recordings) Ltd
(or subsidiary company) trademarks (whether granted or applied
for), graphics, logos and service names. These are owned
exclusively by GMS (Recordings) Ltd or its subsidiaries and
may not be copied or reproduced in any format (except as
provided elsewhere in these terms), or used in connection with
any product or service without GMS (Recordings) Ltd's consent.
All other trademarks not owned by GMS (Recordings) Ltd or its
subsidiaries that appear on this site are the property of
their respective owners, and should not be used except in
accordance with their policies. These companies may not be
affiliated with, connected to, or sponsored by GMS
(Recordings) Ltd or its subsidiaries.
Where this site contains links to external websites,
GMS (Recordings) Ltd cannot be held responsible for the
content of those sites, or to the security of your computer
whilst using those sites.
Prices & Payment
The prices as laid out on this site are subject to Value
Added Tax at the current rate on the date of invoice or the
date on which credit card charges are made.
Users signing up through this website will not be able to
log in until payment has been taken from the card used at the
time of sign-up. After sign-up, we will confirm your account
by e-mail, which will be sent to the e-mail address you
provide during sign-up. Whether or not you receive the e-mail,
payment by you creates a legally binding contract between us.
We reserve the right not to supply you at our discretion, in
which case any unfulfilled monies will be repaid.
We reserve the right to adjust the rental prices at any
time. Increases will be notified by email at least one week
prior to the next payment being taken. Such adjustments shall
be proportionate to the increase or decrease during the
previous twelve months ending in September preceding the 1st
January adjustment date in the General Index of Retail Prices
(all items) published by the Central Statistical Office or any
index officially substituted therefore.
Rental Conditions
GMS (Recordings) Ltd (hereinafter referred to as the
Company) hereby agrees to render to the customer (hereinafter
referred to as the Hirer), on the terms and conditions herein
stated, a rental service as listed below.
Music Service
The Company undertakes to supply the number of tracks
with monthly updates as requested on our registration page.
These tracks are usually pre-programmed at registration time
and can be altered after registration if required.
Care of Music
Software
The Hirer shall take all reasonable care of the music
programs and shall be responsible for any cost of the
maintenance of the same arising from the Hirer's act or
default or from misuse of the equipment on which they are
played.
The Hirer Agrees
- To use the music programmes only
at the installation address stated
- To the deletion of all music
files from the hard drive at the conclusion of this
Agreement
- Not to copy, re-hire, sell or
part with possession of the music files, which shall at
all times remain the property of the Company
- To pay the rental figure stated
at registration (including VAT) on accepting the contract
and to pay on or before each requisite date, i.e. monthly,
the appropriate rental in advance until the Agreement is
terminated. Please note, interest at the rate of 2% per
month will be payable on arrears of payments from the date
they fall due, and will be automatically applied monthly
until payment is received by the Company.
- To pay any penalty incurred under clause 2 or 3d
hereof.
Licenses
Users of original artist programmes will require two
licenses for Public Performance. These are not included in the
basic rental and it is the responsibility of the Hirer to
obtain all requisite licenses and authority from:
- Performing Right Society Limited (PRS),
Licensing
Dept,
29-33 Berners Street,
London,
W1P 4AA.
Tel No. 0800 068 4828.
Web-site: http://www.mcps-prs-alliance.co.uk
- Phonographic Performance Limited (PPL),
1 Upper
James Street,
London,
W1F 9DE.
Tel No. 0207 534
1000.
Fax: 0207 534 1111.
Email: ppo.info@ppluk.com
Web-site: http://www.ppluk.com
The prices outlined on this site cover the Company's
dubbing license fees to PPL and MCPS, but the Hirer is
responsible for the payment of their own site fees to PPL and
PRS.
Removal &
Assignment
The Hirer shall not, without the written consent of the
Company, assign or transfer its rights under the Agreement,
but the Company's consent to an assignment of this contract
shall not be unreasonably withheld. The Company and its
representatives shall be entitled to inspect and test the
Hirer's equipment on which the music programmes are to be
played at any reasonable time and shall be entitled to
disconnect the service and remove the music if the same are
not being kept utilised or maintained by the Hirer in
accordance with the provisions of this Agreement.
Renewal &
Termination
This Agreement shall continue in force for one month and so
on monthly thereafter unless terminated by the Hirer sending a
written request to the Company.
Intimation of
termination should be made by e-mail to
terminations@gmsmusic.com. Termination made verbally to the
Company or to any of its representatives will not be accepted
as proof of Termination.
In order to maintain continuity of contract, the Hirer must
ensure that the Company are notified of any changes to the
details of the credit card used for payment. This notification
must occur prior to the next billing date, otherwise the
service will be suspended until payment can be taken.
The Company shall be entitled by either written notice or
e-mail to the Hirer to terminate this Agreement forthwith and
discontinue the service if:-
- The Hirer being in arrears with any payment due under
this Agreement.
- The Hirer shall commit an act of bankruptcy or being a
company go into liquidation (except a voluntary liquidation
for the purpose of amalgamation or reconstruction) or have a
receiver appointed.
- The Hirer committed any breach of this Agreement has not
remedied such breach within seven days after notice to that
effect from the Company. Upon the giving of any such notice
in any of the foregoing events the Hirer shall be unable to
use the service and upon the termination of this Agreement
the Hirer shall forthwith pay to the Company the amount
which is the total of all monies then due.
The same terms of settlement shall apply in the event of
the Hirer desiring a premature termination on this Agreement.
- The Company reserves the right to terminate this
Agreement by giving thirty days notice.
- When either the Hirer or the Company terminates this
Agreement, the Hirer accepts that all music rented from the
Company will be deleted from the Hirer's hard drive. The GMS
Media Player will also cease to operate without valid login
information.
Other Terms &
Conditions
The form of this Agreement contains all the terms and
conditions agreed between the Company and the Hirer and
supersedes and excludes all other (if any) terms and
conditions agreed or proposed. The only exceptions to this are
terms and conditions relating to other contracts, i.e.
alternative sites or systems, and terms and conditions
relating to the provision of hardware provided to the Hirer by
the Company. No verbal agreements will be recognised by the
Company and no variation or modification of this Agreement
shall be in any way effective unless accepted by the Company
in writing and signed by a Director of the Company and is
subject to the Law of Scotland.
The person ticking the accept box warrants that he/she has
the authority of the Hirer to make the Contract on the Hirer's
behalf and agrees to indemnify the Hirer against all losses
and costs that may be incurred by the Hirer if this is not so.
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