Music Academy Midlands Ltd

Peripatetic Tuition Terms and Conditions

 

Last Updated: September 2023

Standard Terms and Conditions

          

1. These terms may have changed since you last reviewed them

 

For a list of changes and when they were made, please send an email request to [email protected].

 

2. Where to find information about us and our services

          

• 2.1. We, Music Academy Midlands Ltd, provide a music service called “peripatetic lessons” where you, a parent or guardian, may sign up your child for in-school instrumental music lessons of typically 20-30 minutes in length. Most peripatetic lessons lessons will take place during the school day however some may take place before or after the school day and you will be made aware of this when signing up.

 

• 2.2. If you sign up before the start of a school year (typically on or around the 1st September), we will aim to deliver no less than 30 peripatetic lessons before the end of the school year (typically on or around 25th July).

 

• 2.3. If you sign up after the start of the school year, the number of lessons available may be less than 30.

 

• 2.4. Your child will be allocated one instrument to learn at a time and, to ensure consistency and progression, your child may not change instruments each peripatetic lesson. If you would like your child to change instruments, please email us at [email protected] and we will check availability. If a request cannot be accommodated at the next peripatetic lesson, we will try to accommodate this change of instrument at the earliest opportunity.

 

• 2.5. We can provide all necessary equipment and instruments for each peripatetic lesson, however your child may bring their own instrument if they would prefer. Any equipment brought by you or your child will be done so at your own risk and we cannot be held responsible for any damage to or loss of your equipment, unless caused by the negligence of our teachers.

 

• 2.6. Your child may be given the opportunity to work towards a qualification that is delivered by us and awarded by multiple exam boards. For more information, please email us at [email protected].

 

• 2.7. All of our teachers go through regular safeguarding training and must have an up-to-date DBS as part of their employment.

 

• 2.8. Please see our website or speak to our team before you sign up for other information you need to know about us and our services. We also confirm the key information to you in writing after you sign up, either by email, in your online account or on paper.

 

3. When you sign up to our service you are agreeing that:

          

• 3.1. We only accept your request to sign up to our services when we've checked them.
• 3.2. Sometimes we reject requests to sign up to our services.
• 3.3. The contract will continue until you or we end it.
• 3.4. You can end an on-going contract (find out how).
• 3.5. We're not responsible for delays outside our control.
• 3.6. We charge you when you sign up to our services and then on a monthly direct debit basis.
• 3.7. We charge interest on late payments.
• 3.8. We pass on increases in VAT.
• 3.9. You're responsible for making sure details you provide are accurate information.
• 3.10. We may need to charge you if you don't give us the information we need.
• 3.11. You have a legal right to change your mind.
• 3.12. You have rights if there is something wrong with your service.
• 3.13. We can change services and these terms.
• 3.14. We can suspend supply (and you have rights if we do).
• 3.15. We can withdraw services.
• 3.16. We can end our contract with you.
• 3.17. We don't compensate you for all losses caused by us or our services.
• 3.18. We use your personal data as set out in our Privacy Notice.
• 3.19. You have several options for resolving disputes with us.
• 3.20. Other important terms apply to our contract.

 

4. We only accept your request to sign up to our services when we've checked them

 

• We contact you to confirm we've received your sign up request and we accept it when we supply the service to you.

 

5. Sometimes we reject requests to sign up to our services

          

• Sometimes we reject requests to sign up to our services, for example, because a credit reference we have obtained is unsatisfactory, because you are located outside England or because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

 

6. The contract will continue until you or we end it

          

• The contract will continue and you must continue to pay for the services until you cancel the contract as set out in clause 7 of the terms below or the contract is cancelled by us as set out in clauses 18 and 19.

 

7. You can end an on-going contract (find out how)

          

• 7.1. You can end an on-going contract with us (for example, for regular services) by providing written notice to [email protected] on or before the 20th day of any month, with cancellation becoming effective on the 20th of that month. If you provide written notice after the 20th day of the month, the cancellation will not be processed until the 20th day of the following month however, for the avoidance of doubt, if you have paid for your services then they will continue for any remaining period for which you have paid. If you have any questions, please contact our team: [email protected].

 

8. We’re not responsible for delays outside our control

          

• 8.1. If the supply of our service is delayed by an event outside our control, including but not limited to pupil absence (including isolation due to illness), school closure (for any reason), school trips or inset days, we do not need to compensate you for the delay in our service. We will, however, do what we can to re-arrange the service or enrol your child on the next available peripatetic lesson where possible. Also, if the delay is likely to be substantial please see your remedies in clause 17 below.

 

• 8.2. If peripatetic lesson is cancelled because our teacher is absent, this peripatetic lesson will be compensated via refund or deduction from the next available invoice.

 

9. We charge you when you sign up to our services and then on a monthly direct debit basis

          

• 9.1. Our Direct Debit system charges for lessons in the month that they occur, typically on or around the 1st or 15th of the month (as chosen by you upon sign-up). You will receive an invoice the month prior to inform you of the upcoming lesson fees. This advance invoice reflects the charges for the lessons scheduled for the following month.

   

• 9.2. If you sign up to and we agree to provide you with our services part way through a month, the first direct debit charge will be for the remainder of the month you signed up as well as an advance payment for the following month. For example, if you sign up to our services on 12th January, your first direct debit payment may be charged on the 1st or 15th of February and would include a pro-rata cost for the period 12th January – 31st January, as well as the cost for the entire month of February.

 

• Any price changes after you sign up will be done so in the manner set out in these terms below at clause 16.2.

 

• 9.4. If it is your child’s final year attending the school at which we provide the services, we will cancel your monthly direct debit payments at the end of that school year.

 

• 9.5. For some services, we may need to take payment differently and this will be explained to you during the signing up process.

 

10. We charge interest on late payments

          

• If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

 

11. We pass on increases in VAT

          

• If the rate of VAT changes between the date you sign up and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

 

12. You’re responsible for making sure details you provide are accurate

          

• If we've asked you for specific details relating to the service, including information such as contact details or special need requirements, you're responsible for making sure those details are provided promptly and are correct. If you have any questions or concerns, contact our team: [email protected].

 

13. We may need to charge you if you don't give us the information we need

          

• We charge you additional sums if you don't give us information we've asked for that is necessary for us to provide the services. For example, a failure to provide special needs information when registering for our services may mean we incur additional costs coordinating last-minute additional staff, on-site access or rescheduling the services altogether.

 

14. You have a legal right to change your mind

          

• 14.1. Your legal right to change your mind. You have 14 days after the date we confirm you have successfully signed up to our service to change your mind about signing up, but you lose the right to cancel any service when it has been completed and you must pay for any services provided up the time you cancel.

 

• 14.2. How to let us know and what happens next. If you change your mind contact our Team: [email protected]. We refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.

 

15. You have rights if there is something wrong with your service

 

• If you think there is something wrong with your service, you must contact our Team: [email protected]. Remember too that you have several options for resolving disputes with us, as listed below in these terms.

 

16. WE CAN CHANGE SERVICES AND THESE TERMS

          

• 16.1. Changes we can always make. We can always change a service:

 

• 16.1.1. to reflect changes in relevant laws and regulatory requirements; and
• 16.1.2. to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the service.

 

• 16.2. Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the service or these terms, but if we do so we'll notify you and you can then contact our Team: [email protected] to end the contract before the change takes effect and receive a refund for any services you've paid for in advance, but not received:

 

• 16.2.1. to make any price changes;
• 16.2.2. to make significant changes to the services; and
• 16.2.3. to make significant changes to these terms and conditions.

 

17. WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)

          

• 17.1. We can suspend the supply of a service. We do this to:

 

• 17.1.1. deal with technical problems or make minor technical changes;
• 17.1.2. update the service to reflect changes in relevant laws and regulatory requirements; or
• 17.1.3. make changes to the service (see clause 16).

 

• 17.2. We will let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency.  If we suspend supply, or tell you we're going to suspend supply, for more than 90 days you can contact our Team: [email protected]

 

18. We can withdraw services

          

• We can stop providing a service. We let you know at least 21 days in advance and we refund any sums you've paid in advance for services which won't be provided.

 

19. We can suspend or end our contract with you

          

We can suspend or end our contract with you for a service and claim any compensation due to us if:

 

• 19.1. you don't make any payment to us when it's due and you still don't make payment within 30 days of our reminding you that payment is due; or
• 19.2. you don't, within a reasonable time of us asking for it, provide us with information that we need to provide the service, for example, special needs information.

 

20. We don't compensate you for all losses caused by us or our services

          

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

 

• 20.1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your request to sign up to our services meant we should have expected it (so, in the law, the loss was unforeseeable).

 

• 20.2. Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 7.

 

• 20.3. Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

 

• 20.4. A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession.

 

21. We use your personal data as set out in our Privacy Notice

          

How we use any personal data you give us is set out in our Privacy Notice: https://musicacademymidlands.com/privacy-policy/.

 

22. You have several options for resolving disputes with us

          

• 22.1. Complaints. Our Team: [email protected] will do their best to resolve any problems you have with us or our services.

 

• 22.2. You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

 

23, Other important terms apply to our contract

          

• 23.1. We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our Team: [email protected] to end the contract within 21 days of us telling you about it and we will refund you any payments you've made in advance for services not provided.

 

• 23.2. You can only transfer your contract with us to someone else if we agree to this. We may not agree if we have not received enough information about the new individual, or if we have reasonable concerns about their creditworthiness. We can require the new owner to prove you transferred the service to them, for example by written agreement.

 

• 23.3. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

 

• 23.4. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

 

• 23.5. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.