Topics

General
Site Terms of Use
Prices & Payment
Rental Conditions

  • Music Provision
  • Care of Music Software
  • The Hirer Agrees
  • Licenses
  • Removal & Assignment
  • Renewal & Termination
  • Other Terms & Conditions

General
Your use of this site, and of our music service is governed by the terms and conditions set out below. We recommend that you also read our Privacy Policy. You can print the full terms and conditions by selecting the print option in the ‘File’ menu of your browser.

We may, at any time, make changes to this site and the details displayed on it (including prices).

Site Terms of Use

You may download and print extracts from this site for your personal use, or for use in making business decisions, only. No right, title or interest in any downloaded materials is transferred to you by such downloading. You may not make any other use of material on this site. You are not allowed to copy (whether by printing onto paper, storing on disk or any other way), distribute (including distributing copies), tamper with or alter in any way or otherwise use any material contained on this website.

You are not allowed to use the website for any activities that breach any laws, infringe any other parties’ rights, or breach any standards, content requirements or codes published by any relevant authority.

You are not allowed to use the site in any way that interferes with our systems, other users or harasses, menaces or harms anyone. You will indemnify us from and against all actions, claims suits, demands liabilities, costs or expenses arising out of or in any way connected with, use of the site by you or any other person using your login information.

You are not allowed to use the site to make any speculative, false or fraudulent orders.

The information contained on this site is correct to the best of our knowledge at the time of publishing. If we make any errors in the information contained in this site, we agree to correct this as soon as notified, and will not be held responsible for any issues resulting from your usage of the incorrect information. We cannot be held responsible for the results of your use of any of the information contained on this site.

This website may also contain certain GMS (Recordings) Ltd (or subsidiary company) trademarks (whether granted or applied for), graphics, logos and service names. These are owned exclusively by GMS (Recordings) Ltd or its subsidiaries and may not be copied or reproduced in any format (except as provided elsewhere in these terms), or used in connection with any product or service without GMS (Recordings) Ltd’s consent. All other trademarks not owned by GMS (Recordings) Ltd or its subsidiaries that appear on this site are the property of their respective owners, and should not be used except in accordance with their policies. These companies may not be affiliated with, connected to, or sponsored by GMS (Recordings) Ltd or its subsidiaries.

Where this site contains links to external websites, GMS (Recordings) Ltd cannot be held responsible for the content of those sites, or to the security of your computer whilst using those sites.

Prices & Payment

The prices as laid out on this site are subject to Value Added Tax at the current rate on the date of invoice or the date on which credit card charges are made.

Users signing up through this website will not be able to log in until payment has been taken from the card used at the time of sign-up. After sign-up, we will confirm your account by e-mail, which will be sent to the e-mail address you provide during sign-up. Whether or not you receive the e-mail, payment by you creates a legally binding contract between us. We reserve the right not to supply you at our discretion, in which case any unfulfilled monies will be repaid.

We reserve the right to adjust the rental prices at any time. Increases will be notified by email at least one week prior to the next payment being taken. Such adjustments shall be proportionate to the increase or decrease during the previous twelve months ending in September preceding the 1st January adjustment date in the General Index of Retail Prices (all items) published by the Central Statistical Office or any index officially substituted therefore.

Rental Conditions

GMS (Recordings) Ltd (hereinafter referred to as the Company) hereby agrees to render to the customer (hereinafter referred to as the Hirer), on the terms and conditions herein stated, a rental service as listed below.

Music Service
The Company undertakes to supply the number of tracks with monthly updates as requested on our registration page. These tracks are usually pre-programmed at registration time and can be altered after registration if required.

Care of Music Software
The Hirer shall take all reasonable care of the music programs and shall be responsible for any cost of the maintenance of the same arising from the Hirer’s act or default or from misuse of the equipment on which they are played.

The Hirer Agrees
1) To use the music programmes only at the installation address stated
2) To the deletion of all music files from the hard drive at the conclusion of this Agreement
3) Not to copy, re-hire, sell or part with possession of the music files, which shall at all times remain the property of the Company
4) To pay the rental figure stated at registration (including VAT) on accepting the contract and to pay on or before each requisite date, i.e. monthly, the appropriate rental in advance until the Agreement is terminated. Please note, interest at the rate of 2% per month will be payable on arrears of payments from the date they fall due, and will be automatically applied monthly until payment is received by the Company.
5) To pay any penalty incurred under clause 2 or 3d hereof

Licenses
Users of original artist programmes will require two licenses for Public Performance. These are not included in the basic rental and it is the responsibility of the Hirer to obtain all requisite licenses and authority from:

Performing Right Society Limited (PRS),
Licensing Dept,
29-33 Berners Street,
London,
W1P 4AA.
Tel No. 0800 068 4828.
Web-site: http://www.mcps-prs-alliance.co.uk

Phonographic Performance Limited (PPL),
1 Upper James Street,
London,
W1F 9DE.
Tel No. 0207 534 1000.
Fax: 0207 534 1111.
Email: ppo.info@ppluk.com
Web-site: http://www.ppluk.com

The prices outlined on this site cover the Company’s dubbing license fees to PPL and MCPS, but the Hirer is responsible for the payment of their own site fees to PPL and PRS.

Removal & Assignment

The Hirer shall not, without the written consent of the Company, assign or transfer its rights under the Agreement, but the Company’s consent to an assignment of this contract shall not be unreasonably withheld. The Company and its representatives shall be entitled to inspect and test the Hirer’s equipment on which the music programmes are to be played at any reasonable time and shall be entitled to disconnect the service and remove the music if the same are not being kept utilised or maintained by the Hirer in accordance with the provisions of this Agreement.

Renewal & Termination
This Agreement shall continue in force for one month and so on monthly thereafter unless terminated by the Hirer sending a written request to the Company.
Intimation of termination should be made by e-mail to terminations@gmsmusic.com. Termination made verbally to the Company or to any of its representatives will not be accepted as proof of Termination.

In order to maintain continuity of contract, the Hirer must ensure that the Company are notified of any changes to the details of the credit card used for payment. This notification must occur prior to the next billing date, otherwise the service will be suspended until payment can be taken.

The Company shall be entitled by either written notice or e-mail to the Hirer to terminate this Agreement forthwith and discontinue the service if:-

1) The Hirer being in arrears with any payment due under this Agreement.
2) The Hirer shall commit an act of bankruptcy or being a company go into liquidation (except a voluntary liquidation for the purpose of amalgamation or reconstruction) or have a receiver appointed.
3) The Hirer committed any breach of this Agreement has not remedied such breach within seven days after notice to that effect from the Company. Upon the giving of any such notice in any of the foregoing events the Hirer shall be unable to use the service and upon the termination of this Agreement the Hirer shall forthwith pay to the Company the amount which is the total of all monies then due.

The same terms of settlement shall apply in the event of the Hirer desiring a premature termination on this Agreement.

1) The Company reserves the right to terminate this Agreement by giving thirty days notice.
2) When either the Hirer or the Company terminates this Agreement, the Hirer accepts that all music rented from the Company will be deleted from the Hirer’s hard drive. The GMS Media Player will also cease to operate without valid login information.

Other Terms & Conditions

The form of this Agreement contains all the terms and conditions agreed between the Company and the Hirer and supersedes and excludes all other (if any) terms and conditions agreed or proposed. The only exceptions to this are terms and conditions relating to other contracts, i.e. alternative sites or systems, and terms and conditions relating to the provision of hardware provided to the Hirer by the Company. No verbal agreements will be recognised by the Company and no variation or modification of this Agreement shall be in any way effective unless accepted by the Company in writing and signed by a Director of the Company and is subject to the Law of Scotland.

The person ticking the accept box warrants that he/she has the authority of the Hirer to make the Contract on the Hirer’s behalf and agrees to indemnify the Hirer against all losses and costs that may be incurred by the Hirer if this is not so.