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    Terms and Conditions

    1. Interpretation

    1.1 In these Terms:

    “BUSINESS DAY” means a day (other than a Saturday, Sunday or public holiday in England) when banks in London are open for business;

    “CUSTOMER”, “YOU” or “YOUR” means the person who accepts the Suppliers agreement for the supply of the Services on behalf of the Venue;

    “EQUIPMENT” means items supplied by the Supplier to the Customer for the specified Service;

    “QUOTATION” means the Supplier’s Written quotation (together with the attached documents / schedules (if any)) to the Customer for the supply of Goods and/or Services (as the case may be); 

    “SERVICES” means the Karaoke.co.uk online and offline karaoke service and all equipment;

    “SESSION” means a period of time whereby the Service is in operation by the Customer;

    “STREAMS” means a track played on the service, in part, or in full, regardless if any person sings that track or not;

    “SUPPLIER”, “US” or ‘”WE” means Yousing Limited (registered in England under number 10417802);

    “SUPPLY” shall mean in relation to the Equipment and Services the provision thereof by the Supplier;

    “TERMS” means the standard terms set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Customer and the Supplier;

    “TRACKS” means the songs available on the service;

    “VENUE” means the location or locations where the Service shall be installed / used and whether such installation shall be carried out by the Customer or by the Supplier and shall include all buildings and structures thereon;

    “VISITOR” means any person, logged in or not and who interacts with the Service during a Session;

    “WRITING”, and any similar expression, includes post, electronic mail and other forms of electronic communication;

    1.2 The headings in these terms are for convenience only and shall not affect their interpretation.

    2. Basis of the Supply

    2.1 The Supplier shall supply the specified Services to the Customer in accordance with the Supplier’s Written Quotation (or as otherwise agreed between the parties in writing), subject to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such Quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.

    2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Supplier.  

    2.3 The Supplier’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by the Supplier in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

    2.4 Any advice or recommendation given by the Supplier or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods or as to the provision of the Services which is not confirmed in Writing by the Supplier is followed or acted upon entirely at the Customer’s own risk, and accordingly the Supplier shall not be liable for any such advice or recommendation which is not so confirmed.

    2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

    3. Equipment

    3.1 The Equipment is for the sole use of the Customer when operating the Service and should not be used by the Customer for any other purpose.

    3.2 The Customer agrees that none of the Equipment will be loaned, resold or used in any capacity by anyone else other than you. The Customer will retain the Equipment for as long as the Service is in operation at the Venue and the Customer is paying for the Service.

    3.3 If the Customer loses or damages any items during the continued use of the service, the Supplier may, at their discretion, replace items for the Customer, the items, at the discretion of the Supplier, may be charged to the Customer at cost plus any associated delivery charges.

    4. Returning Equipment

    4.1 If the Customer cancels the Service, all Equipment will need to be returned to the Supplier within 10 business days of the Supplier confirming receipt of cancellation in writing.

    4.2 Any Equipment lost or damaged will mean a partial or full loss of any deposit made to the Supplier as to the market value of the items not returned, or damaged. If no deposit was agreed, the Customer will be liable to pay the Supplier the full market value of any lost and/or damaged Equipment.

    4.3 It is the responsibility of the Customer to ensure that the items are delivered directly to the Supplier using a tracked courier service. The Supplier cannot be held responsible for any lost deliveries or any damage caused during delivery.

    5. Lost or damaged returned Equipment

    If any Equipment is lost or damaged the Customer agrees that the Supplier will retain part or all of any agreed and paid deposit fee, depending on the market value of the items lost or damaged. If no deposit was agreed and paid, the Customer is liable to pay The Supplier the full market value of any lost and/or damaged equipment.

    6. Upgrades to Equipment during the use of the Service by the Customer

    The Supplier may, from time-to-time need to upgrade the existing equipment in use by the Customer. This will be at the discretion of the Supplier and where possible, a suitable date and time will be arranged with the Customer to carry this out.

    7. Equipment testing

    It is the responsibility of the Customer to ensure that all equipment regularly meets with any requirements, legal or otherwise, that the Venue requires. The Customer agrees to notify the Supplier immediately if there is a fault, or a fault is suspected, with any of the Equipment.

    8.  Service Fair Use Policy

    Use of the Service is based on a Fair Use Policy. The Fair Use Policy ensures that all Customers are provided with a reliable, cost effective Service. If the Customer exceeds the Fair Use Policy, the Supplier may request that a higher fee is agreed, or may temporarily suspend the Service until such a time an agreement with you has been finalised.

    9. Availability of the Service

    Whilst the Supplier monitors and carries out updates to the service, the Supplier will not be liable for any loss or damage, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with:

    •    use of, or inability to use, our service; or

    •    use of or reliance on any content displayed on our site.

    We will not be liable for:

    •    loss of profits, sales, business, or revenue;

    •    business interruption;

    •    loss of anticipated savings;

    •    loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

    We may, from time-to-time need to carry out essential maintenance to the service. We will, where possible carry this out during times when the service is unlikely to be in operation. Where this is not possible we would look to provide you with notice as to when we will require to temporarily disable the service due to maintenance work. In the event that we have to carry out emergency maintenance, we reserve the right to temporarily disable the service to carry this out.

    10. Use of the Service

    10.1 The Customer agrees to only operate the Service when providing a karaoke session for visitors to the Venue and will switch off the Service, when not in use, as instructed to you prior to commencement of the Service.

    10.2 The Customer agrees only to operate the Service to provide karaoke for visitors to the Venue and will not use the Service to play background music or for any other purpose.

    10.3 The Customer agrees not to resell, loan or in any other capacity allow the use of the Service provided to the Venue to anyone else other than visitors who are physically within the Customer venue during a session that is in operation and available to all Venue visitors.

    10.4 It is the sole responsibility of the Customer to ensure that any licenses required and any legal requirements are held in order that the Customer can operate the Service at the Venue. The Supplier will not be held liable in any case arising in which the Customer is not legally able to use the Service within the Venue.

    10.5 Risk of damage to or loss of the Equipment and Service shall pass to the Customer:

    10.6 It shall be the responsibility of the Customer at all times to ensure that the Equipment shall be properly used and maintained at all times in such a way that the use by the Customer of the Equipment shall not cause any damage or loss to the Venue. The Supplier shall be under no liability to the Customer for any loss or consequential loss arising from the Customer’s failure to comply with this provision.

    10.7 The Supplier shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, or (in particular but without limiting the severability of this clause) in respect of any damage or loss caused by impact damage, third party intervention (e.g. vandalism), for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods / Services (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use by the Customer, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the price of the Equipment / Services, except as expressly provided in these Terms.

    11. Tracks

    We are dedicated to producing new Tracks and to make these available to the Customer for the Service provided. The Supplier reserves the right to remove Tracks from the Service at any time if required to do so by any of the licensing bodies that the Supplier reports to, or for any other unspecified reason.

    12. Price of the Service

    12.1 The price of the Services (including Equipment) shall be the Supplier’s quoted price. All prices quoted are valid for 30 days only or until earlier acceptance by the Customer, after which time they may be altered by the Supplier without giving notice to the Customer.

    12.2 The ongoing cost of the Service paid by the Customer is reviewed quarterly on a calendar year. The Supplier reserves the right to increase the cost of the Service and the Supplier will provide at least four weeks written notification to the Customer, to inform the Customer of any changes to the cost of the Service.

    13. Terms of Payment

    13.1 The Customer is required to pay the monthly fee agreed between the Supplier and Customer for the continued use of the Service. Payment to the Supplier is required by way of ongoing card payment, standing order, or BACS to the Supplier either on the 5th of each month (monthly), the anniversary of commencement (Annual) or upon the Friday of each week (weekly). Full payment details are shown clearly on Supplier invoices.

    13.2 If the Customer fails to make any payment on the due date then, without limiting any other right or remedy available to the Supplier, the Supplier may:

    13.2.1 cancel the contract or suspend the provision of any further supply of Services and Goods to the Customer;

    13.2.2 appropriate any payment made by the Customer to such of the Services (or the Equipment / Services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and

    13.2.3 charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 4 per cent per annum above Barclays Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

    14. Further information provided

    Where possible, the Supplier may provide the Customer with the contact details of visitors to the Customer Venue who have subscribed and joined via the Customer Venue. The Customer agrees that if any marketing material is sent to these people that this will have the necessary ‘unsubscribe’ or ‘notification settings’ in place to allow the subscriber to stop or change the notifications that the Customer issues to them.

    15. Temporary or permanent disabling of the Service

    The Supplier reserves the right to temporarily disable or completely withdraw the Service at any time and without reason.

    We will not be liable for:

    •    loss of profits, sales, business, or revenue;

    •    business interruption;

    •    loss of anticipated savings;

    •    loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

    16. Termination of the Service by the Customer

    The Supplier will require four weeks notice from the Customer of their intention to cancel the Service, during which time the Service will remain active and the Service fee will remain applicable, unless otherwise agreed in writing by the Supplier. Cancellations must be provided in writing, by way of email: info@yousing.co.uk or by writing to: Yousing Limited, Unit 9 Wassage Way, Hampton Lovett Industrial Estate, Droitwich, Worcestershire WR9 0NX. Once the cancellation request has been received, the Supplier will confirm receipt to the Customer and begin the process of disabling the service.