TERMS AND CONDITIONS

Our terms and conditions cover all of our activities. They also govern the use of our online accounts that we provide for the benefit of our customers. Please contact us if you have any queries.

Cambridgeshire Music Terms and Conditions

Date: 10/05/2016

We put our terms clearly here. If you do not understand them please ask before ordering or making a payment.

Our terms (the “Agreement”) form a legal contract between you and Cambridgeshire Music (“CM”) that governs the use of CM Services including any online account that we provide for you. If you place an order or request by email, post, online or by fax you can cancel this within 7 days. After this period the terms and conditions apply if you have received from us a start date or other confirmation for a request for activity or started using a service or made a payment towards a service.

Specific Terms for Organisations (terms for all customers also apply)

Our working relationship with organisations is set out in our memorandum of understanding[INSERT LINK TO PAGE].

Organisations, will provide, without charge, suitable spaces for activities provided for them, their pupils/members or community by CM, at the notified scheduled times with access to any facilities and engagement from organisation staff required to deliver to the agreed standard.

Organisations will provide appropriate information to our staff with regard to vulnerable children/adults or those with special educational/language or other needs and will liaise with the service designated child protection officers if required.

CM will work in partnership with organisations to ensure that activities run smoothly.

Organisations will integrate and treat our staff as part of their overall team.

Organisation staff will naturally take an interest in the development of activities, individuals and the support required to encourage progression and will assist CM by providing information to their community about available opportunities via their information channels.

Variation to provision will not be made without appropriate agreement with the CM in advance. Financial costs incurred by CM due to changes not agreed in advance may be passed on to organisations.

These terms and conditions are the specific CM part of any global contract held with Cambridgeshire County Council for multiple services or any similar Service Level Agreement with you. The ongoing provision of activity by us to organisations serves as acceptance of our terms and conditions - no signature is required.

Where we permit organisations to pay for services on an account basis, organisations are expected to make payment for orders by the due date communicated by CM. Late payment may result in a charge being added to the account. If organisations are in credit at the end of the contract period then this credit can be carried forward to future bookings or a refund made.

For All Customers:

Charges

Our charges are listed on website pages or shown when requesting services, in bookings and online accounts.

Definitions

In this document:

“Services” means all services and products we provide.

“Organisations” means all organisations for whom we provide services including schools and settings.

“Due Date” means the date by which an action or payment must have been made.

“Credits” means the purchase of a number of sessions of activity for a particular service provided.

Security of data:

We take the security of information very seriously. Data we collect is stored in encrypted form. We do not store bank account details. Our staff will never ask you for your password. Customers should not share confidential data or log in access with others. We will only accept access changes from account holders and may ask for further identification. If you think your data has been compromised please contact us immediately. Our security policy is available on our web page.

Your privacy:

We collect the minimum of information required to provide our services correctly. We will not share personal information with others unless you have given permission. We use anonymous summaries of data as a means of looking at levels of engagement and participation. We will enable schools and organisations to view progression of groups of participants. We will provide important account information updates to all account holders. We may you for marketing permissions in relation to other communications and will provide unsubscribe options. If you have any concerns about privacy please contact us.

Safeguarding:

Our staff are appropriately skilled to provide activities and we expect any external contractors to confirm to us similarly processes. All staff are subject to Disclosure and Barring Service (DBS) checks if required, references, observations of work, checks on their work history and qualifications and through multiple interviews.

Staff are trained regularly in safe working practices and safeguarding. If staff have a concern they are legally required to report it to a Cambridgeshire Music Designated Person who will determine any action to be taken. If you have a concern you contact us and ask to speak to a Designated Person and we will investigate immediately.

We put in place appropriate supervision at events and activities and carry out risk assessments. We communicate through channels including social media. Our website will always be the principal source of information; there is no need for customers to use social media unless they wish to do so. Our staff have protocols for managing any work and private profiles for themselves online. For more information about this please contact us.

Age/Responsibility Requirement to enter into the agreement

By making an account/request/booking or using our services you are indicating your acceptance to this Agreement, and are stating that:
(i) you have read, understood and agree to be bound by this Agreement and
(ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care or on behalf of an organisation. If you are a parent or guardian entering this Agreement for the benefit of your child, you are fully responsible for his or her use of services, including all financial charges and legal liability that he or she may incur.

If you do not agree to (or cannot comply with) any of these terms and conditions, do not request and/or confirm and/or use our services.

Agreement to Pay

You agree and it is your responsibility to pay by the due date for services that you requested to have that have been confirmed by our staff with a start date, either online or through other communications. We may provide reminders prior to start dates but the liability to make the payment remains with customer. Payment can be made online or over the phone. You can request to pay charges by instalments however the option to do so is at our discretion.

Should an account be in arrears we may contact you to advise of this and any of the following:
- require the balance to be paid in full
- decline further options to pay by instalments (or if offered, direct debit)
- remove access to payment on account (for organisations)
- give notice of a late payment charge to be applied
- suspend provision of services and apply a cancellation charge for missed provision

If we have confirmed a start date for an online request from you and after 7 calendar days from this date of confirmation you decide not to take up opportunity and have not asked us to cancel your booking during that 7 day period you may be charged an equivalent cancellation/admin fee as the time will have been set aside by our staff for delivery of the contract.

Maintaining your account:

If your billing information or information about your child (such as a change of school) or an organisation needs changing, you must update that information via your account access. CM cannot is not liable if account holders fail to maintain accurate account details, particularly with regard to any special requirements for children or for services. You must not allow anyone else to use or share your account access, which remains our property at all times. If you ask us to update information for your account on your behalf, we may for security purposes require additional evidence of identity. We will normally only communicate with the account holder.

Ending a service

If you have a regular service from us, this can be ceased at the end of the current activity period taking place (e.g. the end of a series of sessions/credits, a membership package or a period of instrument loan). You will be asked to renew or pay for a renewal of a service once your current booking reaches a minimum level of credits. At this point you can confirm renewal or ending of activity so that we can plan provision and enable our staff to organize their work schedules effectively for you and others. If you continue with provision we will raise a charge for the further set of activity on the same basis as currently booked unless advised. Customers that do not renew provision and request it to be reinstated at a later date, may experience a delay or discontinuity of provision if staff have been reassigned during the intervening time.

Business continuity and non-solicitation

As an organisation we believe that a joined up, cohesive delivery of a range of music activities in and out of schools or other organisation is the best way to support musicians of all ages.

Therefore it is not in the general interest of music education development for decisions or actions to be taken that may undermine this development, particularly if this affects the security of employment and work for our staff. Clients considering changes to their contracts are strongly advised to discuss this with the Head of Cambridgeshire Music prior to any discussions with our employees, other clients or families and pupils.

During the term of this Agreement and for 2 full academic terms or 6 months, whichever is the longer, after the date of any termination of this Agreement, the client or partner will not, without the prior written consent of Cambridgeshire Music either directly or indirectly, on the client or partner's own behalf or in the service or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by Cambridgeshire Music or any customer of Cambridgeshire Music.

If we are made aware that a client with a contractual arrangement with us is attempting to negotiate or set up a private arrangement with a member of our staff without our agreement in writing we may:

Suspend immediately all activities with that client until this matter is resolved without refund or reduction in contract value
Raise cancellation charges if necessary to cover the remainder of any active contracts
Raise additional charges to cover any potential legal or other costs incurred in resolving the matter including the value of lost work in subsequent years.

Amendments to Terms & Conditions

CM may from time to time modify these terms and conditions. We will notify customers of such changes and provide a link to this webpage. If you do not agree to (or cannot comply with) the Agreement as amended, you must tell us in writing and stop using the service.

Request processes, assignments and due dates:

Services/products can be requested online, via phone, postal and email. For tuition and music therapy services we process your request and assign a member of staff if available. They will confirm date/time and place for provision of the service at which point payment in full or of an agreed instalment will be required by the due date. If no staff are available we will add your request to our waiting list and attempt to recruit a provider. If we cannot provide a service we will inform you and cancel the booking unless you request to stay on the waiting list.

For membership requests, or requests for instruments from our county instrument bank or music from the County Music Library, we will process your request and contact you to confirm membership or availability of the requested item at which point payment will be required by the due date.

For products, payment will be requested at the time of booking and we will contact you regarding delivery if there is any unexpected delay.

Debt Collection:

If an overdue account remains unpaid 5 days after we have notified you that it is overdue, we may refer the debt to a collection agency at which point additional charges will be added to the account. We reserve the right to charge interest on unpaid accounts after the first 30 days without prior notice. The interest rate will be based on the Bank of England base rate plus 5% calculated daily.

Tuition sessions, staff and student absences

Regular sessions are delivered (usually weekly) as per the schedule arranged by our staff with the location for the activity or direct with the student. Regular sessions can include lessons, exams (where the tutor attends with student), ensemble sessions (for a group of students with associated preparation) or school events (with associated rehearsals and attendance). For these a tutor will record delivered sessions (or multiple sessions if appropriate).

If a session does not take place due to staff absence or the location for the activity being unavailable (e.g. weather closure(, the number of credits you have will remain unchanged e.g. you are not charged for the missed session.

If a student misses a regular session (e.g. due to illness or a school does not to release the student for the session or a school trip) then the session may be charged unless one of the following is agreed:
- dispensation is given in writing by the service.
- sufficient (recommended 2 weeks) notice has been given by either the parent or school and the tutor is able to rearrange their timetable to accommodate it. This cannot always be guaranteed as some tutors have very full timetables.

Sustained non-delivery of a service:

If we are unable to provide a service for a significant period of time we will notify you and reassign the service if possible to another tutor, suspend activity until an agreed restart point if appropriate, reassign remaining credits by agreement to other activity or refund a balance. It is not always possible to replace provision as we may not have staff available. It usually takes a minimum of 1 month to appoint a new member of staff (subject to qualified applicants). We will make every effort to find replacements for long-term absences this will not always be possible or practical in which case we may at our discretion provide a refund as above.

Refunds:

No refunds will be given unless CM is unable to provide the service requested. If a concern is raised about a service which following investigation we believe requires compensation we may provide additional session credits or refunds at our discretion.

Right to Change Prices:

All prices are subject to change by CM at any time. Revised charges will only apply from the next renewal or order by the customer.

Taxes:

Prices quoted generally include any applicable taxes, including sales taxes. CM reserves the right to change this policy at any time, with notice as above.

Privacy & Data Protection

The data protection and privacy policies for Cambridgeshire County Council will apply.

Modification to Service

CM may modify the service provision to ensure that the delivery of services ordered can be sustained at the standards and quality required.

Complaints, queries & communications

Please tell us quickly if there is a problem - we will want to help and it is better to tell us as soon as you have a query. We recommend that:

- If you have a safeguarding or child protection concern please raise this immediately with the service and ask to be referred to a Designated Person.

- If you have a concern relating to the content of an activity or progression of a child please talk directly with the tutor, or lead person for delivery of the activity, within 7 days. In most cases they will be able to resolve any queries quickly.

- If the matter is administrative, to do with your account or payments or a general query or you are unable to speak with a tutor direct you should contact us via email/letter or telephone. We will investigate any concern and respond to you within 10 working days (although in most cases it will take less time).

If you are unhappy with the resolution of your query you can ask for it to be escalated and the relevant manager will review the matter.