Introduction
In the sections below, we outline our Terms and Conditions that will apply to you for various services that you buy in to
Swindon Music Service reserves the right to review these terms from time to time, normally at the end of an academic year. You will have the option to accept the revised terms or withdraw from future services/projects if we change our terms. if we advise you of any material change to these terms to your detriment without giving sufficient notice to enable you to withdraw from the Agreement by the specified date, you wi not be required to pay a fee in lieu of notice in respect of the following term.
Schools
Schools Agreement - Terms and Conditions
SMS shall:
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- perform the Services with reasonable skill, care and diligence, and in accordance with this Agreed orders from the school
- SMS shall use reasonable endeavours to meet any performance dates but any such dates shall be estimates only and time for performance by SMS shall not be of the essence of this agreement.
- SMS shall appoint a manager for the Services to be performed, and this person shall have authority to contractually bind SMS on all matters relating to the relevant Services (including approving any Change Orders);
- observe all health and safety rules and regulations, safeguarding and security requirements and any other applicable policies or requirements specified by the school;
- report to the school on the progress of the Services, as specified in order form that has been agreed.
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The school shall:
- not do anything to damage the reputation or operations of SMS. In particular, the school acknowledges SMS’s status as a registered charity and shall not do or omit to do anything or cause anything to happen that compromises, or, in the reasonable opinion of SMS, might compromise, the reputation of SMS or its relationship with its donors;
- appoint a manager for the Services to be performed as agreed, and this person shall have authority to contractually bind the school on all matters relating to the relevant Services (including approving any Change Orders);
- complete the Arts Council Annual Schools Data Return;
- be responsible for the safekeeping of any musical instruments which are delivered by SMS to the school’s premises in order for SMS to carry out the Services (the “Musical Instruments”),
- ensure that all Musical Instruments are returned to SMS at the completion of the Services,
- notify SMS promptly in the event of any loss or damage to any of the Musical Instruments, while they are held on the school’s premises,
- comply with the terms of the Agreement and any additional responsibilities of the schools as set out in the agreed services.
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Charges and Due Dates for Payment
- In consideration of the provision of the Services by SMS, the Purchaser shall pay the charges specified in the relevant Statement of Service (the “Charges”).
- SMS shall set out the Charges in the Statement of Service.
- SMS shall invoice the Purchaser for the Charges at the intervals specified in the Statement of Service. If no intervals are so specified, SMS shall invoice the Purchaser at the end of each month for Services performed during that month.
- The Purchaser shall pay each invoice submitted to it by SMS within 30 days of receipt to a bank account nominated in writing by SMS from time to time.
- Without prejudice to any other right or remedy that it may have, if the Purchaser fails to pay SMS any sum due under this Agreement on the due date:
- the Purchaser shall pay interest on the overdue sum from the due date until payment of the overdue sum. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and
- SMS may suspend part or all of the Services, under any Statement of Service, until the Purchaser has paid any sums which have become due under this Agreement in full.
- All sums payable to SMS under this agreement are exclusive of VAT, and the Purchaser shall in addition pay an amount equal to any VAT chargeable on those sums on receipt of a VAT invoice.
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- Either party may propose changes to the scope or execution of the Services but no proposed changes shall come into effect until a relevant Change Order has been agreed by both parties. A Change Order shall be a document setting out the proposed changes and the effect that those changes will have on:
- the Services;
- the charges specified in the relevantAgreement;
- the timetable for the Services; and
- any of the other terms of the relevant agreement;
- If SMS wishes to make a change to the Services it shall provide a draft Change Order to the Purchaser.
- If the Purchaser wishes to make a change to the Services:
- it shall notify SMS and provide as much detail as SMS reasonably requires of the proposed changes, including the timing of the proposed change; and
- SMS shall, as soon as reasonably practicable after receiving the information, provide a draft Change Order to the school.
If the Parties:
- agree to a Change Order by email, Purchase Order shall amended; or
- are unable to agree a Changed Order, either party may require the disagreement to be dealt with in accordance with the dispute resolution procedure.
- Intellectual Property Rights
- For the purpose of this clause, “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- For the purpose of this clause, “SMS Materials” means any materials, including guidance, instructions and information leaflets, provided by the SMS to the school in the provision of the Services.
- Nothing in this Agreement shall operate to transfer ownership of the SMS Materials. The SMS Materials are the exclusive property of SMS and must only be used for the purposes of the performance of the Services.
- SMS hereby grants to the school a non-exclusive, royalty free licence to use the SMS Materials, for the duration of the Services which SMS is carrying out.
- The school is not permitted to reproduce any SMS Materials or do anything else or permit anything to be done which would damage or endanger the SMS’s Intellectual Property Rights in SMS’s Materials.
- Where Intellectual Property Rights are created, developed or produced under these T&Cs t to the Services being carried out under the agreed Service (the “Developed IP”), SMS shall be the owner of such Developed IP, irrespective of whether SMS has itself created, developed or produced the Developed IP, and the Purchaser hereby assigns all Intellectual Property Rights (if any) in such Developed IP to SMS.
- Indemnities and limitation on Liability
- Without prejudice to any rights or remedies of any Party, each Party shall indemnify the other Party against all liabilities, actions, suits, claims, demands, losses, charges, costs and expenses (limited to direct loss) which the other Party may suffer or incur as a result of or in connection with any breach of this Agreement by the first Party, damage to property or in respect of any injury to any person which may result directly from carrying out this Agreement or any wrongful act of the first Party.
- The school shall be liable to SMS for any consequential loss or damages, including damage to SMS’s reputation and its relationship with its donors, whether arising from the schools’s negligence, breach of contract, or otherwise.
- SMS shall not be liable to the school for any loss of business or profits, indirect or consequential loss or damages, including without limitation, whether arising from negligence, breach of contract or otherwise.
- SMS’s total liability to the school, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the amount of the total charges made under all Statement of Services for the contract year in which the breaches occurred. The contract year is the 12-month period commencing with the date of this agreement or any anniversary of it.
- Notwithstanding any other provision in these T&Cs neither party limits its liability for death or personal injury arising from its negligence or that of its employees, agents or subcontractors.
Dispute Resolution
- In the event of any complaint or dispute arising between the Parties in relation to the Agreed services the matter shall first be referred for resolution to the schools’s representative and SMS’s representative, and each Party agrees that it shall take not bring any legal proceedings in respect of such complaint or dispute until the further steps set out and have been exhausted by the Parties, acting at all times in good faith unless that Party’s right to issue proceedings would be lost by such a delay.
- Should the complaint or dispute remain unresolved within fourteen (14) days of the matter first being referred, either Party may refer the matter to the Chief Executive Officer/Head teacher (or equivalent) of the school and to a director of SMS with an instruction to attempt to resolve the dispute by agreement within twenty eight (28) days, or such other period as may be agreed by the Parties.
Termination
Change to the Statement of Services
- Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
- the other party commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
- the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
- a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party;
- an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company)
- a person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party;
- the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
- SMS may terminate this Agreement immediately by written notice:
- if the school behaves in a way which brings SMS into disrepute;
- if the school fails to pay any amount under the agreement of services on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment.
- Upon termination taking effect, as set out above:
- The school shall pay SMS in full any outstanding charges for any Services which have been performed by SMS. Such charges shall include any amounts which SMS has irrevocably agreed to pay to its tutors for services or goods to be provided in the future.
- SMS shall following termination of this Agreed services, promptly provide an invoice for any outstanding fees for any Services carried out but not invoiced at the time of termination.
- SMS shall, if so requested by the school, provide all assistance reasonably required by the school to facilitate the smooth transition of the Services to the school or any replacement supplier appointed by it.
- Termination or expiry of the Agreed services shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreed services which existed at or before the date of termination or expiry.
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Relationship of the Parties
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- The Parties agree that the Services performed by SMS, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreed services shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties, and neither shall have any authority to bind the other Party in any way.
- Confidentiality
- Neither Party shall, during the period of this Agreed services or after its termination, disclose any of the insights, confidential information or any financial or operational information (together “Confidential Information”) relating to the other Party, any of its branches and groups in any manner whatsoever unless:
- such Confidential Information has legitimately entered the public domain through no fault of either Party; or
- the first Party is required to do so by law, provided that in such circumstances it uses reasonable endeavours prior to disclosing any Confidential Information to notify the other Party of such a requirement.
- Upon termination of the Agreed services, all Confidential Information (whether in electronic format or paper copy) belonging to each Party shall be returned to the Party which owned such Confidential Information, or shall be securely destroyed.
Data Privacy
- For the purpose of this Agreement, “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK, including the General Data Protection Regulation 2016/679 and the Data Protection Act 2018.
- Each Party shall comply with all of their obligations under Data Protection Legislation which arise in connection with the Agreed services, and with the provisions set out in Schedule 3 (Data Processing). This Clause does not remove or replace a Party’s obligations or rights under the Data Protection Legislation.
- [The Purchaser shall indemnify and keep indemnified SMS against all actions, claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect of any breach by the Purchaser of this Clause 13.]
- This Clause 13 shall survive termination of the Agreement.
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Assignment
- Neither party may assign, sub-contract or otherwise transfer all or any part of its rights under this Agreement without the prior written consent of the other Party.
- Force Majeure
- Force Majeure Event means any circumstance not within a party’s reasonable control, including, without limitation:
- Acts of God, flood, drought, earthquake or other natural disaster;
- Epidemic or pandemic, such as the COVID-19 outbreak;
- terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
- any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
- collapse of buildings, fire, explosion or accident; and
- any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause).
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SMS:
- If SMS is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event, SMS shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations.
- If such delay or failure continues for 30 days or more, then either Party shall be entitled to terminate this agreement by notice in writing to the other.
- Any failure or delay on SMS’s part does not alter the school’s obligations under this Agreed services, and in particular its obligation to make payment of the Charges specified for the Services, until the agreement is terminated.
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The school:
- If the school is prevented, hindered or delayed in or from performing any of its obligations under this agreed servicest by a Force Majeure Event, and if such delay or failure continues for 7 days or more, then SMS shall be entitled to terminate this agreement.
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Miscellaneous
- A waiver of any right or remedy under the Agreed services or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy; and, the failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
- If any part, term or provision of this Agreed services is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of the Agreement shall be affected.
- This Agreed services may not be amended for any other reason without the prior written agreement of both Parties.
- The Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about the Agreed services was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
- These T&Cs does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
- The provision of clauses within this Agreement shall survive any termination or expiry of this Agreement.
- The Agreement is governed by the law of England and Wales which shall govern all claims, disputes or difference between the Parties arising out of or in connection with this Agreement. Any dispute under this Agreement shall, unless otherwise agreed by the Parties, be subject to the exclusive jurisdiction of the courts of England and Wales.
Instrumental Lessons in schools
Terms and conditions for instrumental/vocal tuition in schools
By applying for lessons with Swindon Music Service (SMS) you agree to the following terms and conditions as shown below.
For the purpose of this agreement a ‘term’ refers to a three term academic year: autumn, spring and summer.
Instrumental/vocal tuition in schools
- 30 lessons will be delivered per year
- Individual lessons are offered for 20 or 30 minutes duration
- Paired lessons are offered in groups of two students for 30 minutes duration
- SMS will decide the appropriate grouping of students, depending on the number of students requiring lessons, their standard of playing and compatibility of instrument
- SMS reserves the right to change teaching personnel, lesson times and groupings where necessary and will notify parents and schools of any changes to those lesson arrangements. We always work closely with the school to agree suitable lesson times
- Teaching will normally take place during the school day, but some tuition may take place before or after normal school hours, as well as during break and lunch times.
Cost of lessons
- Charges for lessons are set for the whole academic year.
- Costs of lessons are reviewed annually.
Missed lessons/refunds
It is the responsibility of the student to arrive on time for lessons. SMS will not refund missed lessons where:
- The student has failed to arrive for a lesson.
- The student is not available for any reason e.g. illness, school trip, appointment elsewhere, school closure for bad weather.
- SMS will make every effort to reschedule lessons where possible, but cannot guarantee to do so.
SMS will refund/re-schedule missed lessons where:
- The SMS tutor is unavailable.
- The school has an OFSTED inspection and does not wish teaching to take place.
- If a student is away from school for more than three consecutive weeks in a term due to a long-term illness, SMS will make every effort to refund up to one term of tuition fees. A doctor’s certificate will need to be supplied.
- Refunds will only be made at the end of the academic year, once the opportunity has been given to make up for missed lessons by the tutor.
Communication
- Our primary method of communication is by email
Cancellation of tuition
- We encourage your child to learn a musical instrument for at least a year but, if for any reason you wish to cancel your child’s lessons, notice must be provided direct to SMS via an email. Cancellation notifications should be sent to: lhawkins@smscio.co.uk
- We will be unable to accept cancellations via your child’s tutor or school
- All cancellation requests will be acknowledged within five working dates of receipt.
Payment terms
Fees must be paid termly in advance
Invoices will be issued via email and tuition will not commence until payment has been made.
Additional costs
- Students will need tutor books for their lessons. Parents/carers are responsible for purchasing books promptly at the request of the tutor. Other costs such as entry for examinations (which are not compulsory), will also be charged to the parent/carer.
- Instruments
- It is the responsibility of the parent/carer to provide an instrument for the lesson. Some instruments are available to hire from SMS or from the school
Musical instruments should be insured
- SMS does not accept liability for damage to an instrument left in a school, or damaged in a lesson.
How to enrol your child for instrumental lessons at school
Register your interest online at https://smscio.org/central-music-school/e-application-form-for-lessons/ or completing the pdf form and sending it to:
Swindon Music Service
Instrumental lessons request
The Platform
Faringdon Road
Swindon
SN1 5BJ
Or email to: lhawkins@smscio.co.uk
Pupils will be allocated to a lesson as soon as possible. The availability of a tutor cannot be guaranteed, especially where a tutor is not currently available on the requested instrument at the school. A waiting list will be created and every effort will be made to ensure tuition commences as soon as possible. This will normally be at the beginning of a term. If tuition begins in the middle of a ten week cycle, tuition will be charged pro rata according to the number of lessons remaining in the cycle. The SMS will then contact you to discuss final arrangements and payment
Confirmation of instrumental lessons will be given as soon as SMS has arranged the timetables. A copy will still be sent to you and displayed in the school.
Instrumental Lessons out-of-school
Music Service Direct’ weekly lessons/Platinum Lessons. and Music Centre
- Parents/carers and pupils are subject to the terms and conditions as laid down by SMS as detailed below, and agree to abide by these terms and conditions.
- SMS reserves the right to change teaching personnel, lesson times and pupil groupings where necessary and to notify parents of any changes to these lesson arrangements.
- Lessons will take place at the music centre at the agreed day and time.
- As soon as your registration for lessons has been accepted by us, we will confirm this by email. Once your child’s lesson has been timetabled then you will receive an email to confirm the lesson day and time.
- By registering online, you are agreeing to pay in advance of receiving the lessons.
- If for any reason you wish to cancel your child’s lessons, notice must be provided direct to Swindon Music Service in writing (post or email) according to the cancellation dates below. We will be unable to accept cancellations via your child’s tutor:
SMS cancellation deadlines:
To stop lessons at the end of the Autumn term, you must give written notice by 20th November.
To stop lessons at the end of the Spring term, you must give written notice by 20th March.
To stop lessons at the end of the Summer term, you must give written notice by 20th July.
7. Tutors will deliver 30 lessons in the academic year. Any lessons
missed by pupils cannot be refunded unless due to illness lasting for two weeks or more and accompanied by a doctor’s note. Lessons not delivered by the tutor will be rearranged as necessary. If the tutor has not been available for 30 lessons during the year, a refund will be given at the end of the academic year for the missing lessons.
8. Pupils are responsible for the safe keeping of their musical
Instrument and Swindon Music Service does not accept responsibility for any loss or damage to such instruments.
9. Any complaints should be sent in writing to:
Mr Peter Clark, Chief Executive Officer, Swindon Music Service: pclark@smscio.co.uk
SYM Membership
Swindon Young Musicians - provides 30 music centre sessions over the three term academic year. Due to the uneven length of school terms the number of sessions offered in each term may vary.
Membership Subscriptions
- Membership subscriptions are reviewed annually.
- Membership subscriptions are payable for a term: autumn, spring and summer. Invoices are sent out during August, December and March and payment is due upon receipt of the invoice.
- 60% discount will be made if families are in receipt of income support, free schools meals or maximum tax credit. Evidence of exemption will be required
- Sibling reductions apply (see website from time-to-time).
- 100% discount will be made for Children in care (Looked after children) and Children under a Special Guardianship Order may attend free of charge.
Payment terms
- Membership subscriptions must be paid termly in advance
- Invoices will be issued via email an membership will not commence until payment has been made
- Additional charges may be incurred for extra activities throughout the year.
- To assist with planning, we ask parents to notify us as soon as possible if their child wishes to stop attending groups & ensembles. All notifications must be made via email to lhawkins@smscio.co.uk
- There will be no refunds for sessions missed as this is a membership subscription club. Therefore any sessions cancelled due to inclement weather, like snow, or any other unforeseen circumstances does not attract any rebate or credit notes.
- Positioning of pupils within the ensembles will be at the discretion of the tutor/director and their decisions will be final
- All SMS ensembles and groups rely on the commitment of all users and staff. There is therefore an expectation to attend all sessions and arrive on time each week.
Supervision
- SMS only accepts responsibility for pupils during actual session time. At all other times responsibility for the pupils lies with parents/carers.
Instruments/accessories
- Parents/carers agree to provide instruments, music and accessories as required.
Liability
SMS does not accept liability for loss or damage to pupils’ instruments or personal possessions. Parents/carers should arrange appropriate insurance for these items.
Behaviour
- Pupils are expected to behave in a responsible and courteous manner at all times, to attend tuition sessions regularly and to practise between sessions. Please refer to the Safeguarding notice for reference.
- Disruptive or anti-social behaviour by either the student or by the parent/carer may result in membership of the centre being withdrawn. No credits will be given in such circumstances.
How to enrol your child form membership of Swindon Young Musicians Club
Attendance at SYM ensembles will only be possible after completion of the SMS online enrolment and payment process
Register your interest online at https://smscio.org/ensembles/swindon-young-musicians/forms-and-information/sym-application-form/
Changes to terms and conditions
SMS will review these terms and conditions on an annual basis.
Charges will be reviewed on an annual basis by the board of trustees
Should any changes occur they will not be implemented until the start of the next academic year. Parents/carers will be notified of these changes as soon as possible.
Contacting Swindon Music Service
Any comments should be sent in writing to Swindon Music Service, The Platform, Faringdon Road, Swindon SN5 5BJ or email: lhawkins@smscio.co.uk
Adult Tuition and Group Attendance
Music Service Direct’ weekly lessons/ Lessons and adult music groups
- Adults are subject to the terms and conditions as laid down by SMS as detailed below, and agree to abide by these terms and conditions.
- SMS reserves the right to change teaching personnel, lesson times and groupings where necessary and to notify you of any changes to these lesson arrangements.
- Lessons will take place at the music centre at the agreed day and time.
- As soon as your registration for lessons has been accepted by us, we will confirm this by email. Once your lesson has been timetabled then you will receive an email to confirm the lesson day and time.
- By registering online, you are agreeing to pay in advance of receiving the lessons.
- If for any reason you wish to cancel your lessons, notice must be provided direct to Swindon Music Service in writing (post or email) according to the cancellation dates below. We will be unable to accept cancellations via your tutor:
SMS cancellation deadlines:
To stop lessons at the end of the Autumn term, you must give written notice by 20th November.
To stop lessons at the end of the Spring term, you must give written notice by 20th March.
To stop lessons at the end of the Summer term, you must give written notice by 20th July.
7. Tutors will deliver 30 lessons in the academic year. Any lessons missed by you cannot be refunded unless due to illness lasting for two weeks or more and accompanied by a doctor’s note. Lessons not delivered by the tutor will be rearranged as necessary. If the tutor has not been available for 30 lessons during the year, a refund will be given at the end of the academic year for the missing lessons.
8. Adults are responsible for the safe keeping of their musical Instrument and Swindon Music Service does not accept responsibility for any loss or damage to such instruments.
Swindon Music Service - provides 30 music centre sessions over the three term academic year. Due to the uneven length of school terms the number of sessions offered in each term may vary.
Membership Subscriptions
- Membership subscriptions are reviewed annually.
- Membership subscriptions are payable for a term: autumn, spring and summer. Invoices are sent out during August, December and March and payment is due upon receipt of the invoice.
Payment terms
- Membership subscriptions must be paid termly in advance
- Invoices will be issued via email an membership will not commence until payment has been made
- Additional charges may be incurred for extra activities throughout the year.
- To assist with planning, we ask you to notify us as soon as possible if you wish to stop attending groups & ensembles. All notifications must be made via email to lhawkins@smscio.co.uk
- There will be no refunds for sessions missed as this is a membership subscription club. Therefore any sessions cancelled due to inclement weather, like snow, or any other unforeseen circumstances does not attract any rebate or credit notes.
- All SMS ensembles and groups rely on the commitment of all users and staff. There is therefore an expectation to attend all sessions and arrive on time each week..
Liability
SMS does not accept liability for loss or damage to your instruments or personal possessions. You should arrange appropriate insurance for these items.
Changes to terms and conditions
SMS will review these terms and conditions on an annual basis.
Charges will be reviewed on an annual basis by the board of trustees
Should any changes occur they will not be implemented until the start of the next academic year. You will be notified of these changes as soon as possible.
Contacting Swindon Music Service
Any comments should be sent in writing to Swindon Music Service, The Platform, Faringdon Road, Swindon SN5 5BJ or email: lhawkins@smscio.co.uk
Musical Instrument Hire
1. The hire charges (as applicable) must be paid promptly upon receipt of the Instrument Hire Invoice. Children and young people may be able to apply for further periods of hire beyond the initial 12-months. However, a hire agreement is not open-ended and will require a new contract at the end of each 12-month period.
2. All information requested on the “Hire Request Form” must be given.
4. Repairs may only be undertaken by the Repair Technician at the Platform unless written agreement from Swindon Music Service is given. See below for instrument return/collection details.
5. Instruments are hired to you in full working order. The replacement of items such as strings or reeds are your responsibility unless there is an obvious fault at the time of receiving the instrument.
6. Every care should be taken to protect the instrument against loss or damage. The hire charge does not cover this. In the event of loss or damage you will be required to compensate Swindon Music Service up to the replacement value of the instrument. It is your responsibility to insure against this, and if you do not, you could become liable for the cost of repair or replacement of the instrument.
7. If, at any time, you no longer require the instrument it should be returned to The Platform, Faringdon Road, Swindon SN1 5BJ. See below for instrument return/collection details. A ‘Return Slip’ will be completed by the Swindon Music Service staff and a copy given to you as proof of return.
8. The instrument may not be transferred to any other person.
9. Please advise us immediately of any change of address or personal details.
10. If the instrument provided is exchanged either like for like, or for a different type of instrument (e.g. a clarinet is exchanged for a trumpet) then the above conditions still apply and any difference in replacement value should be observed
11.Failure to return the instrument by the termination date will see the refundable deposit being deducted. If the instrument has not been returned within a 4-week window of the termination date, Swindon Music Service will start a CCJ claim against you to the full value of the instrument at the costs shown in the instrument hire brochure.
Photography and Social Media
It is usual as a part of our performance activities for still pictures and video footage to be taken of our performers in action. The pictures and video footage are used to provide copies to students and pupils and as part of our publicity and information activities. They are also used on our official Facebook page, Twitter account and on our website. All photographing and videoing falls within LEA guidelines for photographing students.
The participation of students in our activities is on the basis that permission has been granted by students and their parents for still pictures and video footage to be taken.
Introduction
In the sections below, we outline our Terms and Conditions that will apply to you for various services that you buy in to
Swindon Music Service reserves the right to review these terms from time to time, normally at the end of an academic year. You will have the option to accept the revised terms or withdraw from future services/projects if we change our terms. if we advise you of any material change to these terms to your detriment without giving sufficient notice to enable you to withdraw from the Agreement by the specified date, you wi not be required to pay a fee in lieu of notice in respect of the following term.
Schools
Schools Agreement - Terms and Conditions
SMS shall:
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- perform the Services with reasonable skill, care and diligence, and in accordance with this Agreed orders from the school
- SMS shall use reasonable endeavours to meet any performance dates but any such dates shall be estimates only and time for performance by SMS shall not be of the essence of this agreement.
- SMS shall appoint a manager for the Services to be performed, and this person shall have authority to contractually bind SMS on all matters relating to the relevant Services (including approving any Change Orders);
- observe all health and safety rules and regulations, safeguarding and security requirements and any other applicable policies or requirements specified by the school;
- report to the school on the progress of the Services, as specified in order form that has been agreed.
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The school shall:
- not do anything to damage the reputation or operations of SMS. In particular, the school acknowledges SMS’s status as a registered charity and shall not do or omit to do anything or cause anything to happen that compromises, or, in the reasonable opinion of SMS, might compromise, the reputation of SMS or its relationship with its donors;
- appoint a manager for the Services to be performed as agreed, and this person shall have authority to contractually bind the school on all matters relating to the relevant Services (including approving any Change Orders);
- complete the Arts Council Annual Schools Data Return;
- be responsible for the safekeeping of any musical instruments which are delivered by SMS to the school’s premises in order for SMS to carry out the Services (the “Musical Instruments”),
- ensure that all Musical Instruments are returned to SMS at the completion of the Services,
- notify SMS promptly in the event of any loss or damage to any of the Musical Instruments, while they are held on the school’s premises,
- comply with the terms of the Agreement and any additional responsibilities of the schools as set out in the agreed services.
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Charges and Due Dates for Payment
- In consideration of the provision of the Services by SMS, the Purchaser shall pay the charges specified in the relevant Statement of Service (the “Charges”).
- SMS shall set out the Charges in the Statement of Service.
- SMS shall invoice the Purchaser for the Charges at the intervals specified in the Statement of Service. If no intervals are so specified, SMS shall invoice the Purchaser at the end of each month for Services performed during that month.
- The Purchaser shall pay each invoice submitted to it by SMS within 30 days of receipt to a bank account nominated in writing by SMS from time to time.
- Without prejudice to any other right or remedy that it may have, if the Purchaser fails to pay SMS any sum due under this Agreement on the due date:
- the Purchaser shall pay interest on the overdue sum from the due date until payment of the overdue sum. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and
- SMS may suspend part or all of the Services, under any Statement of Service, until the Purchaser has paid any sums which have become due under this Agreement in full.
- All sums payable to SMS under this agreement are exclusive of VAT, and the Purchaser shall in addition pay an amount equal to any VAT chargeable on those sums on receipt of a VAT invoice.
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- Either party may propose changes to the scope or execution of the Services but no proposed changes shall come into effect until a relevant Change Order has been agreed by both parties. A Change Order shall be a document setting out the proposed changes and the effect that those changes will have on:
- the Services;
- the charges specified in the relevantAgreement;
- the timetable for the Services; and
- any of the other terms of the relevant agreement;
- If SMS wishes to make a change to the Services it shall provide a draft Change Order to the Purchaser.
- If the Purchaser wishes to make a change to the Services:
- it shall notify SMS and provide as much detail as SMS reasonably requires of the proposed changes, including the timing of the proposed change; and
- SMS shall, as soon as reasonably practicable after receiving the information, provide a draft Change Order to the school.
If the Parties:
- agree to a Change Order by email, Purchase Order shall amended; or
- are unable to agree a Changed Order, either party may require the disagreement to be dealt with in accordance with the dispute resolution procedure.
- Intellectual Property Rights
- For the purpose of this clause, “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- For the purpose of this clause, “SMS Materials” means any materials, including guidance, instructions and information leaflets, provided by the SMS to the school in the provision of the Services.
- Nothing in this Agreement shall operate to transfer ownership of the SMS Materials. The SMS Materials are the exclusive property of SMS and must only be used for the purposes of the performance of the Services.
- SMS hereby grants to the school a non-exclusive, royalty free licence to use the SMS Materials, for the duration of the Services which SMS is carrying out.
- The school is not permitted to reproduce any SMS Materials or do anything else or permit anything to be done which would damage or endanger the SMS’s Intellectual Property Rights in SMS’s Materials.
- Where Intellectual Property Rights are created, developed or produced under these T&Cs t to the Services being carried out under the agreed Service (the “Developed IP”), SMS shall be the owner of such Developed IP, irrespective of whether SMS has itself created, developed or produced the Developed IP, and the Purchaser hereby assigns all Intellectual Property Rights (if any) in such Developed IP to SMS.
- Indemnities and limitation on Liability
- Without prejudice to any rights or remedies of any Party, each Party shall indemnify the other Party against all liabilities, actions, suits, claims, demands, losses, charges, costs and expenses (limited to direct loss) which the other Party may suffer or incur as a result of or in connection with any breach of this Agreement by the first Party, damage to property or in respect of any injury to any person which may result directly from carrying out this Agreement or any wrongful act of the first Party.
- The school shall be liable to SMS for any consequential loss or damages, including damage to SMS’s reputation and its relationship with its donors, whether arising from the schools’s negligence, breach of contract, or otherwise.
- SMS shall not be liable to the school for any loss of business or profits, indirect or consequential loss or damages, including without limitation, whether arising from negligence, breach of contract or otherwise.
- SMS’s total liability to the school, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the amount of the total charges made under all Statement of Services for the contract year in which the breaches occurred. The contract year is the 12-month period commencing with the date of this agreement or any anniversary of it.
- Notwithstanding any other provision in these T&Cs neither party limits its liability for death or personal injury arising from its negligence or that of its employees, agents or subcontractors.
Dispute Resolution
- In the event of any complaint or dispute arising between the Parties in relation to the Agreed services the matter shall first be referred for resolution to the schools’s representative and SMS’s representative, and each Party agrees that it shall take not bring any legal proceedings in respect of such complaint or dispute until the further steps set out and have been exhausted by the Parties, acting at all times in good faith unless that Party’s right to issue proceedings would be lost by such a delay.
- Should the complaint or dispute remain unresolved within fourteen (14) days of the matter first being referred, either Party may refer the matter to the Chief Executive Officer/Head teacher (or equivalent) of the school and to a director of SMS with an instruction to attempt to resolve the dispute by agreement within twenty eight (28) days, or such other period as may be agreed by the Parties.
Termination
Change to the Statement of Services
- Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
- the other party commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
- the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
- a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party;
- an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company)
- a person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party;
- the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
- SMS may terminate this Agreement immediately by written notice:
- if the school behaves in a way which brings SMS into disrepute;
- if the school fails to pay any amount under the agreement of services on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment.
- Upon termination taking effect, as set out above:
- The school shall pay SMS in full any outstanding charges for any Services which have been performed by SMS. Such charges shall include any amounts which SMS has irrevocably agreed to pay to its tutors for services or goods to be provided in the future.
- SMS shall following termination of this Agreed services, promptly provide an invoice for any outstanding fees for any Services carried out but not invoiced at the time of termination.
- SMS shall, if so requested by the school, provide all assistance reasonably required by the school to facilitate the smooth transition of the Services to the school or any replacement supplier appointed by it.
- Termination or expiry of the Agreed services shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreed services which existed at or before the date of termination or expiry.
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Relationship of the Parties
- Either party may propose changes to the scope or execution of the Services but no proposed changes shall come into effect until a relevant Change Order has been agreed by both parties. A Change Order shall be a document setting out the proposed changes and the effect that those changes will have on:
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- The Parties agree that the Services performed by SMS, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreed services shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties, and neither shall have any authority to bind the other Party in any way.
- Confidentiality
- Neither Party shall, during the period of this Agreed services or after its termination, disclose any of the insights, confidential information or any financial or operational information (together “Confidential Information”) relating to the other Party, any of its branches and groups in any manner whatsoever unless:
- such Confidential Information has legitimately entered the public domain through no fault of either Party; or
- the first Party is required to do so by law, provided that in such circumstances it uses reasonable endeavours prior to disclosing any Confidential Information to notify the other Party of such a requirement.
- Upon termination of the Agreed services, all Confidential Information (whether in electronic format or paper copy) belonging to each Party shall be returned to the Party which owned such Confidential Information, or shall be securely destroyed.
Data Privacy
- For the purpose of this Agreement, “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK, including the General Data Protection Regulation 2016/679 and the Data Protection Act 2018.
- Each Party shall comply with all of their obligations under Data Protection Legislation which arise in connection with the Agreed services, and with the provisions set out in Schedule 3 (Data Processing). This Clause does not remove or replace a Party’s obligations or rights under the Data Protection Legislation.
- [The Purchaser shall indemnify and keep indemnified SMS against all actions, claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect of any breach by the Purchaser of this Clause 13.]
- This Clause 13 shall survive termination of the Agreement.
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Assignment
- Neither party may assign, sub-contract or otherwise transfer all or any part of its rights under this Agreement without the prior written consent of the other Party.
- Force Majeure
- Force Majeure Event means any circumstance not within a party’s reasonable control, including, without limitation:
- Acts of God, flood, drought, earthquake or other natural disaster;
- Epidemic or pandemic, such as the COVID-19 outbreak;
- terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
- any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
- collapse of buildings, fire, explosion or accident; and
- any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause).
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SMS:
- If SMS is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event, SMS shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations.
- If such delay or failure continues for 30 days or more, then either Party shall be entitled to terminate this agreement by notice in writing to the other.
- Any failure or delay on SMS’s part does not alter the school’s obligations under this Agreed services, and in particular its obligation to make payment of the Charges specified for the Services, until the agreement is terminated.
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The school:
- If the school is prevented, hindered or delayed in or from performing any of its obligations under this agreed servicest by a Force Majeure Event, and if such delay or failure continues for 7 days or more, then SMS shall be entitled to terminate this agreement.
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Miscellaneous
- A waiver of any right or remedy under the Agreed services or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy; and, the failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
- If any part, term or provision of this Agreed services is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of the Agreement shall be affected.
- This Agreed services may not be amended for any other reason without the prior written agreement of both Parties.
- The Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about the Agreed services was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
- Force Majeure Event means any circumstance not within a party’s reasonable control, including, without limitation:
- These T&Cs does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
- The provision of clauses within this Agreement shall survive any termination or expiry of this Agreement.
- The Agreement is governed by the law of England and Wales which shall govern all claims, disputes or difference between the Parties arising out of or in connection with this Agreement. Any dispute under this Agreement shall, unless otherwise agreed by the Parties, be subject to the exclusive jurisdiction of the courts of England and Wales.
Instrumental Lessons in schools
Terms and conditions for instrumental/vocal tuition in schools
By applying for lessons with Swindon Music Service (SMS) you agree to the following terms and conditions as shown below.
For the purpose of this agreement a ‘term’ refers to a three term academic year: autumn, spring and summer.
Instrumental/vocal tuition in schools
- 30 lessons will be delivered per year
- Individual lessons are offered for 20 or 30 minutes duration
- Paired lessons are offered in groups of two students for 30 minutes duration
- SMS will decide the appropriate grouping of students, depending on the number of students requiring lessons, their standard of playing and compatibility of instrument
- SMS reserves the right to change teaching personnel, lesson times and groupings where necessary and will notify parents and schools of any changes to those lesson arrangements. We always work closely with the school to agree suitable lesson times
- Teaching will normally take place during the school day, but some tuition may take place before or after normal school hours, as well as during break and lunch times.
Cost of lessons
- Charges for lessons are set for the whole academic year.
- Costs of lessons are reviewed annually.
Missed lessons/refunds
It is the responsibility of the student to arrive on time for lessons. SMS will not refund missed lessons where:
- The student has failed to arrive for a lesson.
- The student is not available for any reason e.g. illness, school trip, appointment elsewhere, school closure for bad weather.
- SMS will make every effort to reschedule lessons where possible, but cannot guarantee to do so.
SMS will refund/re-schedule missed lessons where:
- The SMS tutor is unavailable.
- The school has an OFSTED inspection and does not wish teaching to take place.
- If a student is away from school for more than three consecutive weeks in a term due to a long-term illness, SMS will make every effort to refund up to one term of tuition fees. A doctor’s certificate will need to be supplied.
- Refunds will only be made at the end of the academic year, once the opportunity has been given to make up for missed lessons by the tutor.
Communication
- Our primary method of communication is by email
Cancellation of tuition
- We encourage your child to learn a musical instrument for at least a year but, if for any reason you wish to cancel your child’s lessons, notice must be provided direct to SMS via an email. Cancellation notifications should be sent to: lhawkins@smscio.co.uk
- We will be unable to accept cancellations via your child’s tutor or school
- All cancellation requests will be acknowledged within five working dates of receipt.
Payment terms
Fees must be paid termly in advance
Invoices will be issued via email and tuition will not commence until payment has been made.
Additional costs
- Students will need tutor books for their lessons. Parents/carers are responsible for purchasing books promptly at the request of the tutor. Other costs such as entry for examinations (which are not compulsory), will also be charged to the parent/carer.
- Instruments
- It is the responsibility of the parent/carer to provide an instrument for the lesson. Some instruments are available to hire from SMS or from the school
Musical instruments should be insured
- SMS does not accept liability for damage to an instrument left in a school, or damaged in a lesson.
How to enrol your child for instrumental lessons at school
Register your interest online at https://smscio.org/central-music-school/e-application-form-for-lessons/ or completing the pdf form and sending it to:
Swindon Music Service
Instrumental lessons request
The Platform
Faringdon Road
Swindon
SN1 5BJ
Or email to: lhawkins@smscio.co.uk
Pupils will be allocated to a lesson as soon as possible. The availability of a tutor cannot be guaranteed, especially where a tutor is not currently available on the requested instrument at the school. A waiting list will be created and every effort will be made to ensure tuition commences as soon as possible. This will normally be at the beginning of a term. If tuition begins in the middle of a ten week cycle, tuition will be charged pro rata according to the number of lessons remaining in the cycle. The SMS will then contact you to discuss final arrangements and payment
Confirmation of instrumental lessons will be given as soon as SMS has arranged the timetables. A copy will still be sent to you and displayed in the school.
Instrumental Lessons out-of-school
Music Service Direct’ weekly lessons/Platinum Lessons. and Music Centre
- Parents/carers and pupils are subject to the terms and conditions as laid down by SMS as detailed below, and agree to abide by these terms and conditions.
- SMS reserves the right to change teaching personnel, lesson times and pupil groupings where necessary and to notify parents of any changes to these lesson arrangements.
- Lessons will take place at the music centre at the agreed day and time.
- As soon as your registration for lessons has been accepted by us, we will confirm this by email. Once your child’s lesson has been timetabled then you will receive an email to confirm the lesson day and time.
- By registering online, you are agreeing to pay in advance of receiving the lessons.
- If for any reason you wish to cancel your child’s lessons, notice must be provided direct to Swindon Music Service in writing (post or email) according to the cancellation dates below. We will be unable to accept cancellations via your child’s tutor:
SMS cancellation deadlines:
To stop lessons at the end of the Autumn term, you must give written notice by 20th November.
To stop lessons at the end of the Spring term, you must give written notice by 20th March.
To stop lessons at the end of the Summer term, you must give written notice by 20th July.
7. Tutors will deliver 30 lessons in the academic year. Any lessons
missed by pupils cannot be refunded unless due to illness lasting for two weeks or more and accompanied by a doctor’s note. Lessons not delivered by the tutor will be rearranged as necessary. If the tutor has not been available for 30 lessons during the year, a refund will be given at the end of the academic year for the missing lessons.
8. Pupils are responsible for the safe keeping of their musical
Instrument and Swindon Music Service does not accept responsibility for any loss or damage to such instruments.
9. Any complaints should be sent in writing to:
Mr Peter Clark, Chief Executive Officer, Swindon Music Service: pclark@smscio.co.uk
SYM Membership
Swindon Young Musicians - provides 30 music centre sessions over the three term academic year. Due to the uneven length of school terms the number of sessions offered in each term may vary.
Membership Subscriptions
- Membership subscriptions are reviewed annually.
- Membership subscriptions are payable for a term: autumn, spring and summer. Invoices are sent out during August, December and March and payment is due upon receipt of the invoice.
- 60% discount will be made if families are in receipt of income support, free schools meals or maximum tax credit. Evidence of exemption will be required
- Sibling reductions apply (see website from time-to-time).
- 100% discount will be made for Children in care (Looked after children) and Children under a Special Guardianship Order may attend free of charge.
Payment terms
- Membership subscriptions must be paid termly in advance
- Invoices will be issued via email an membership will not commence until payment has been made
- Additional charges may be incurred for extra activities throughout the year.
- To assist with planning, we ask parents to notify us as soon as possible if their child wishes to stop attending groups & ensembles. All notifications must be made via email to lhawkins@smscio.co.uk
- There will be no refunds for sessions missed as this is a membership subscription club. Therefore any sessions cancelled due to inclement weather, like snow, or any other unforeseen circumstances does not attract any rebate or credit notes.
- Positioning of pupils within the ensembles will be at the discretion of the tutor/director and their decisions will be final
- All SMS ensembles and groups rely on the commitment of all users and staff. There is therefore an expectation to attend all sessions and arrive on time each week.
Supervision
- SMS only accepts responsibility for pupils during actual session time. At all other times responsibility for the pupils lies with parents/carers.
Instruments/accessories
- Parents/carers agree to provide instruments, music and accessories as required.
Liability
SMS does not accept liability for loss or damage to pupils’ instruments or personal possessions. Parents/carers should arrange appropriate insurance for these items.
Behaviour
- Pupils are expected to behave in a responsible and courteous manner at all times, to attend tuition sessions regularly and to practise between sessions. Please refer to the Safeguarding notice for reference.
- Disruptive or anti-social behaviour by either the student or by the parent/carer may result in membership of the centre being withdrawn. No credits will be given in such circumstances.
How to enrol your child form membership of Swindon Young Musicians Club
Attendance at SYM ensembles will only be possible after completion of the SMS online enrolment and payment process
Register your interest online at https://smscio.org/ensembles/swindon-young-musicians/forms-and-information/sym-application-form/
Changes to terms and conditions
SMS will review these terms and conditions on an annual basis.
Charges will be reviewed on an annual basis by the board of trustees
Should any changes occur they will not be implemented until the start of the next academic year. Parents/carers will be notified of these changes as soon as possible.
Contacting Swindon Music Service
Any comments should be sent in writing to Swindon Music Service, The Platform, Faringdon Road, Swindon SN5 5BJ or email: lhawkins@smscio.co.uk
Adult Tuition and Group Attendance
Music Service Direct’ weekly lessons/ Lessons and adult music groups
- Adults are subject to the terms and conditions as laid down by SMS as detailed below, and agree to abide by these terms and conditions.
- SMS reserves the right to change teaching personnel, lesson times and groupings where necessary and to notify you of any changes to these lesson arrangements.
- Lessons will take place at the music centre at the agreed day and time.
- As soon as your registration for lessons has been accepted by us, we will confirm this by email. Once your lesson has been timetabled then you will receive an email to confirm the lesson day and time.
- By registering online, you are agreeing to pay in advance of receiving the lessons.
- If for any reason you wish to cancel your lessons, notice must be provided direct to Swindon Music Service in writing (post or email) according to the cancellation dates below. We will be unable to accept cancellations via your tutor:
SMS cancellation deadlines:
To stop lessons at the end of the Autumn term, you must give written notice by 20th November.
To stop lessons at the end of the Spring term, you must give written notice by 20th March.
To stop lessons at the end of the Summer term, you must give written notice by 20th July.
7. Tutors will deliver 30 lessons in the academic year. Any lessons missed by you cannot be refunded unless due to illness lasting for two weeks or more and accompanied by a doctor’s note. Lessons not delivered by the tutor will be rearranged as necessary. If the tutor has not been available for 30 lessons during the year, a refund will be given at the end of the academic year for the missing lessons.
8. Adults are responsible for the safe keeping of their musical Instrument and Swindon Music Service does not accept responsibility for any loss or damage to such instruments.
Swindon Music Service - provides 30 music centre sessions over the three term academic year. Due to the uneven length of school terms the number of sessions offered in each term may vary.
Membership Subscriptions
- Membership subscriptions are reviewed annually.
- Membership subscriptions are payable for a term: autumn, spring and summer. Invoices are sent out during August, December and March and payment is due upon receipt of the invoice.
Payment terms
- Membership subscriptions must be paid termly in advance
- Invoices will be issued via email an membership will not commence until payment has been made
- Additional charges may be incurred for extra activities throughout the year.
- To assist with planning, we ask you to notify us as soon as possible if you wish to stop attending groups & ensembles. All notifications must be made via email to lhawkins@smscio.co.uk
- There will be no refunds for sessions missed as this is a membership subscription club. Therefore any sessions cancelled due to inclement weather, like snow, or any other unforeseen circumstances does not attract any rebate or credit notes.
- All SMS ensembles and groups rely on the commitment of all users and staff. There is therefore an expectation to attend all sessions and arrive on time each week..
Liability
SMS does not accept liability for loss or damage to your instruments or personal possessions. You should arrange appropriate insurance for these items.
Changes to terms and conditions
SMS will review these terms and conditions on an annual basis.
Charges will be reviewed on an annual basis by the board of trustees
Should any changes occur they will not be implemented until the start of the next academic year. You will be notified of these changes as soon as possible.
Contacting Swindon Music Service
Any comments should be sent in writing to Swindon Music Service, The Platform, Faringdon Road, Swindon SN5 5BJ or email: lhawkins@smscio.co.uk
Musical Instrument Hire
1. The hire charges (as applicable) must be paid promptly upon receipt of the Instrument Hire Invoice. Children and young people may be able to apply for further periods of hire beyond the initial 12-months. However, a hire agreement is not open-ended and will require a new contract at the end of each 12-month period.
2. All information requested on the “Hire Request Form” must be given.
4. Repairs may only be undertaken by the Repair Technician at the Platform unless written agreement from Swindon Music Service is given. See below for instrument return/collection details.
5. Instruments are hired to you in full working order. The replacement of items such as strings or reeds are your responsibility unless there is an obvious fault at the time of receiving the instrument.
6. Every care should be taken to protect the instrument against loss or damage. The hire charge does not cover this. In the event of loss or damage you will be required to compensate Swindon Music Service up to the replacement value of the instrument. It is your responsibility to insure against this, and if you do not, you could become liable for the cost of repair or replacement of the instrument.
7. If, at any time, you no longer require the instrument it should be returned to The Platform, Faringdon Road, Swindon SN1 5BJ. See below for instrument return/collection details. A ‘Return Slip’ will be completed by the Swindon Music Service staff and a copy given to you as proof of return.
8. The instrument may not be transferred to any other person.
9. Please advise us immediately of any change of address or personal details.
10. If the instrument provided is exchanged either like for like, or for a different type of instrument (e.g. a clarinet is exchanged for a trumpet) then the above conditions still apply and any difference in replacement value should be observed
11.Failure to return the instrument by the termination date will see the refundable deposit being deducted. If the instrument has not been returned within a 4-week window of the termination date, Swindon Music Service will start a CCJ claim against you to the full value of the instrument at the costs shown in the instrument hire brochure.
Photography and Social Media
It is usual as a part of our performance activities for still pictures and video footage to be taken of our performers in action. The pictures and video footage are used to provide copies to students and pupils and as part of our publicity and information activities. They are also used on our official Facebook page, Twitter account and on our website. All photographing and videoing falls within LEA guidelines for photographing students.
The participation of students in our activities is on the basis that permission has been granted by students and their parents for still pictures and video footage to be taken.