Subscription Terms and conditions
TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Choirs For Good a company registered in England and Wales under number 13017954 whose registered office is at 14 King Street, Treforest, Pontypridd, CF37 1RP with email address firstname.lastname@example.org (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. Before purchasing your subscription, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept.' If you do not click on the button, you will not be able to complete your order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. A parent or guardian may purchase the subscription for someone under the age of 18.
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our website https://www.choirsforgood.com on which the Services are advertised.
12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement, especially in relation to public health matters. We will notify you of these changes.
14. You must co-operate with us in all matters relating to the Services, and provide us with all information required to perform the Services.
15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
16. When purchasing a subscription, you will be invited to create a profile on our Website. When registering to use the Website, you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
18. We may contact you regarding your subscription by using e-mail or other electronic communication methods and by pre-paid post, and you expressly agree to this.
Basis of Sale
19. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
20. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
21. A Contract will be formed for the Services ordered only when you receive an email from us confirming the subscription (Subscription Confirmation). You must ensure that the Subscription Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the subscription information entered by you. By opening a subscription, you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Subscription Confirmation). You will receive the Subscription Confirmation within a reasonable time after making the Contract.
23. We reserve the right to adjust our pricing model at any time. We will always give you one (1) month’s notice of a change to the subscription fee.
Fees and Payment
24. The fees (Fees) for the Services are set out on the Website at the date we accept the subscription order or such other price as we may agree in writing. Prices for Services are calculated on a fixed price model.
25. Fees and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your subscription order. Your first payment will be taken two weeks after your subscription order is placed. You must take your free session (‘First Session Free’) within the two week window before your first payment is processed.
27. You have the right to cancel at any time, and you do not have to supply a reason why you have cancelled. At the time of cancellation, your payments will stop. You may attend choir rehearsals and gigs/performances through the remainder of the payment cycle in which your last payment was taken (e.g. 30 days from the day the last payment is taken).
28. We will deliver the Services on a published timetable for 48 weeks out of the year. The four weeks when choir rehearsals will not take place will be made known to you a reasonable amount of time beforehand. Services may be delivered by any member of the Choirs For Good team, or by an approved facilitator selected by Choirs For Good.
29. In any case, regardless of events beyond our control, if we do not deliver the Services on any scheduled week, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
30. If you fail, through no fault of ours, to take part in the Services at your choir’s location, we will not provide a refund.
Risk and Title
31. You do not have rights to the Services unless your payments are up to date.
32. Our aim is that inability to pay due to personal financial circumstances will never be a barrier to participating in the Services. If your financial situation changes and you are no longer able to pay to take part in the Services, please speak to a member of the Choirs For Good team at your earliest opportunity, and we will exercise options to allow you to continue to take part until your financial circumstances improve.
Withdrawal and cancellation
33. You can cancel your subscription at any time, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
34. For monthly subscriptions, in most circumstances, you will not be entitled to a refund for part of your monthly payment. Instead, you will be allowed to attend rehearsals and gigs/performances through the rest of the payment cycle after cancellation (e.g. for 30 days after the last payment was taken from you.)
35. For yearly subscriptions, your payment will be calculated to the end of the 30-day period in which you cancelled, and you will be refunded the amount for the remainder of the year after that 30-day period minus your non-refundable transaction fee. In other words, your refund will be calculated by the month, not by the week. You will be allowed to attend rehearsals and gigs/performances throughout that 30-day period.
36. In specific circumstances, we will consider a refund of part of your monthly payment if you choose to cancel. The decision to refund or not refund part of your monthly payment lies solely with Choirs For Good.
37. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. The 14 day cooling period will be the two weeks after your Subscription Order is placed, but before your first payment is taken. Your free session (‘First Session Free’) must be taken within this 14 day period.
38. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision. In any event, you must be able to show clear evidence of when the cancellation was made, whether that’s via our website, by email, or with a documented conversation with your choir leader.
39. No matter the method you use to cancel, we will send you a Cancellation Confirmation in a reasonable amount of time. This will be in a Durable Medium (e.g. by email).
40. In the case of the cooling period, to meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If we receive notice of your cancellation and the first payment is accidentally taken, you will be entitled to a full refund of that payment.
Means of reimbursement
41. We will make any reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
42. We will supply the Services with reasonable skill and care.
43. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
44. The Contract continues as long as Choirs For Good is providing the Services.
45. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
46. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
47. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
48. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
49. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
50. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
51. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
52. For any enquiries or complaints regarding data privacy, you can e-mail: email@example.com
53. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
54. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
55. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
56. We try to avoid any dispute, so we deal with complaints as follows: Choristers may cancel their subscription at any time. If the chorister is unhappy in their choir, we strongly urge them to speak to their choir leader in the first instance, or to approach a Director of Choirs For Good for help in resolving the issue. Details of our complaint policy are available on our Website.
57. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
Model cancellation Form
Choirs For Good
14 King Street
Email address: firstname.lastname@example.org
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
[*] Delete as appropriate.