Terms & Conditions
By accessing and using the https://www.ecphub.co.uk website you accept these terms and conditions in full. Upon placing an order, you signify that you have read these terms and conditions and agree to be bound by them and comply with them in full. If for any reason you do not agree to be bound by these terms and conditions you must not use our website and can contact us for more information. Power 2 Creativity CIC reserves the right to amend these terms and conditions at any time without prior notification to customers.
You represent that you are agreeing to and accepting these terms and conditions. Otherwise, you are prohibited from accessing and using this website and any of its functions, products or services.
LICENSE TO USE WEBSITE
Unless it is otherwise noted or stated, we: (i) own and operate the Website: and (ii) the intellectual property rights in the Website and all the material contained on the Website. All rights are reserved.
Pages from the Website can be viewed and printed for personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not:
- re-publish the content or material from this Website in any form;
- sell, rent or sub-license material from this Website;
- copy, duplicate, reproduce or exploit material from our Website for any commercial purposes;
- edit or modify any material from this Website; or
- re-distribute any material from this Website.
Our status (and that of any identified contributors) as the authors of content and materials on our Website must always be acknowledged.
When using and accessing our Website you may not cause damage, or deny or prohibit accessibility to the Website in any way that is unlawful, illegal. Any instance of fraudulent or harmful behaviour is strictly prohibited. Using and accessing our Website in order to copy, store, host, transmit, send, use, publish or distribute material that could be considered damaging to computer software is prohibited in all forms. You may not conduct or perform any systematic or automated data collections in relation to our Website. Unsolicited transmission of commercial communications by you is prohibited.
It is your sole responsibility to ensure that your username and password for your Power 2 Creativity CIC account are kept confidential. You must not disclose these details to any third parties. You agree to and are bound by these terms and conditions which cover any activity that is performed under your Power 2 Creativity CIC account.
If we suspect or have any evidence of misuse of your account, it is within Power 2 Creativity CIC discretion to reserve the right to refuse to service your account. Also, we may terminate your account, use of our website and cancel your order(s) at any time without notice or explanation. In the event of an order cancellation initiated by Power 2 Creativity CIC, any sums already paid by you will be promptly refunded to the payment card/method used to place said order. If you know or suspect that anyone other than you knows your username or password, you must promptly notify our Customer Service Team or email us at firstname.lastname@example.org
USER GENERATED CONTENT
Should you submit any written material, images, videos, communications or any other content to our website (content) for any purpose you shall do so in accordance with our terms of acceptable use (as set out above) and as otherwise set out in these terms and conditions. You warrant that any such content complies with those standards. You will indemnify us and will otherwise be responsible for any loss or damage we suffer as a result of your breach of warranty.
By uploading content to our Website, you are granting us a worldwide, non-exclusive, royalty-free license to use, reproduce, translate, distribute and publish said material for existing or future commercial purposes. You also grant us the right to sub-license this content. Examples of the kind of content that will be covered by this licence include (but are not limited to) customer testimonials, reviews and photographs. Please be advised that this licence is not applicable to any personal information you submit, such as your home address, email address or payment details.
The content you submit to our website, excluding the aforementioned personal information, will be considered by us to be non-confidential and non-proprietary, unless previously stated and we may pass or share such content to third parties. You must not submit any illegal or unlawful content. You warrant that any content submitted, posted or uploaded by you does not infringe any third party intellectual property rights.
OUR CONTRACT WITH YOU
When you submit an order to us, this does not mean we have accepted your order for the product. Our acceptance of the order will take place as described below. If we are unable to supply you with the goods, we will inform you of this and we will not process your order.
The terms and conditions for sale of our products will become binding on you and us when you are issued with an order confirmation email (“the order confirmation”) which is your confirmation that we are able to provide you with the products, at which point a contract will come into existence between you and us.
We shall assign an order number to your order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order.
RETURNING FOR REFUND
All items, excluding printed products and services covered by a service agreement, as sold on the Power 2 Creativity CIC website (“the products”) are subject to a 14 day cooling off period.
You have a legal right to cancel an order during the seven working day period set out below. This means that, during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the order and you are entitled to a full refund of the purchase price of included: unopened and unused products, services which have not been initiated, and tickets for events which are more than 14 days from start. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described below.
This fourteen working day period begins from the date of the dispatch confirmation, or if the products have already been delivered to you, starting from the day after the day you receive* the products. To be eligible for a refund you MUST report your request to our customer service team within the fourteen day period. You may wish to keep a copy of your cancellation notification for your own records.
Upon submitting an eligible request to return items, our customer service team will provide you with instructions on how to proceed. If you are resident in the UK, you will be supplied with a printable free-post label to affix to your package. Unfortunately, we are unable to refund postage costs to UK residents who choose a return postage method other than the free-post returns label we supply. Residents outside of the UK will not qualify for free return postage.
Requests for a refund made after the fourteen day cooling off period (for the purchase price and delivery costs of any products) may be denied.
*For tracked items, this will be the day that the tracking states “delivered” on the relevant postal carrier’s website.
LIMITED WARRANTIES AND RETURNING FOR REPLACEMENT
In the event of demonstrable defects in the workmanship or materials, Power 2 Creativity CIC products are warranted as follows:
- A warranty is voided if it has been modified or tampered with. Warranties will also be void if Products have not been used by you within their given usage instructions, and without due care by you.
Should you wish to return an item carrying a warranty (as outlined above) (“warranty items”) due to fault or defect, you must contact our customer service team as soon as the fault is found. Failure to do so or continuing use of an item that is known to be faulty will void your right to a replacement.
Power 2 Creativity CIC reserves the right to refuse any exchange request that does not substantially meet our requirements or terms and conditions. To see specific rules regarding our replacement guidelines, please see our Shipping & Returns page.
The warranties set out above are only applicable to products purchased on our website or from authorised Power 2 Creativity CIC retailers. Any product purchased at other locations or websites are not covered by any warranty.
LIMITATION OF LIABILITY
Power 2 Creativity CIC does not warrant or guarantee the accuracy or completeness of all or any information published on the website, We also do not warrant or guarantee that the website will remain available at all times or that content is kept up to date. To the absolute maximum permitted under applicable law, Power 2 Creativity CIC excludes all representations, warranties, conditions or other terms (express or implied) that relate to or may apply to the website and the use of our website.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions..
BREACHES OF TERMS AND CONDITIONS
If you breach our terms and conditions in any way, we have the right to undergo or take action as deemed appropriate and at any time may deny you access to our website by necessary means and/or bring court proceedings and legal action against you. Our terms and conditions are for the benefit of you and us but are not intended to benefit third party associations or be enforceable by any third party. Power 2 Creativity CIC may suspend or terminate this agreement or a member’s account at any time and immediately if we believe there has been fraudulent activity on our website.
TERMS AND CONDITIONS MODIFICATIONS AND REVISIONS
Power 2 Creativity CIC has the right to change, modify or revise our website at any time without prior notification. By using our website, you agree to be bound by any changes, modifications and revisions. We suggest that you review this page regularly in order to be fully aware of our up-to-date terms and conditions
NO RELIANCE ON INFORMATION
The content on our website is provided for general information only. It is not intended to amount to advice (including by not limited to, medical advice) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
RESPONSIBILITY FOR YOUR OWN PRODUCT USE
You hereby take full responsibility for the use of your Power 2 Creativity CIC product. All Power 2 Creativity CIC products should be kept well out of the reach of children or pets. Subject to our liability provisions outlined above, Power 2 Creativity CIC is not responsible for any harm, loss, or allergic reaction that maybe be caused by your use of the product.
Any Power 2 Creativity CIC product purchased from the website or via an authorised reseller of Power 2 Creativity CIC products are for individual use only. Power 2 Creativity CIC does not authorise re-selling of Power 2 Creativity CIC products in any other store or website without prior express consent under contract. Individuals who are found to be re-selling Power 2 Creativity CIC products without the aforementioned written consent may have legal proceedings brought against them.
IMPORTANT: Safe delivery of your package is your responsibility. We ship all orders placed for UK delivery addresses or international orders with tracking on the delivery: we strongly encourage you to track your delivery with the relevant postal carrier using your tracking information provided to you in your order confirmation email to ensure the Product is en route to you. You should also use this tracking information to investigate any suspected loss of products during the shipping process. If you need to request a tracking number for your order you can notify our customer service team.
If the postal carrier cannot deliver the package to you at the address you provided, it is your responsibility to pick up the package at the local post office or depot, or to call/contact them and have it re-routed. Once a package is shown in tracking as being successfully delivered, we cannot process or reship replacements unless you can provide us with written evidence of non-receipt of your products.
Cancellations and Address Changes: If you place an order on the website and decide you want to cancel the order or change the address, you must notify our customer service team immediately, where we will endeavour to resolve the issue. However, due to the nature of our shipping processes cancellations and address changes cannot always be guaranteed. In the event that it is not possible to alter the address or cancel the order before it has been processed, we will endeavour to recover the order and find a suitable resolution.
All packages shipped outside of the United Kingdom may incur extra duty charges. Power 2 Creativity CIC is not responsible for any sales taxes, customs duties or other taxes charged by any customs department. To avoid any unexpected charges, please contact the customs organisation in your home country, regarding these policies.
Our delivery charges and additional shipping, returns and cancellation policies are set out on our Shipping & Returns page.
PRICES AND HOW TO PAY
The prices of the products will be as quoted on our website from time to time. We use our best efforts to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. All Products shown on our website are subject to availability.
Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation. The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
The price of a product does not include delivery charges. Our delivery charges are as quoted on our website from time to time. To check relevant delivery charges, please refer to our Shipping & Returns page.
You can only pay for products using a debit card or credit card, or via PayPal. We accept the following cards:
- American Express
Payments may also be accepted via Bank Transfer. Payment for the products and all applicable delivery charges are payable in advance. We will not charge your debit card or credit card until we dispatch your order.
PROMOTIONS, SPECIAL OFFERS AND COUPON CODES
All promotions, special offers and coupon codes (hereafter referred to as offers) are subject to the above terms and conditions of the website. Unless specified otherwise, all offers are subject to the following terms and conditions:
- Offers are valid for one use per customer and may not be used in conjunction with any other offers and promotions.
- Where there are multiple customers/users within one household; offers may be redeemed a maximum of two times per household and must be ordered via the users individual account.
- Offers are subject to availability.
- Offers are valid for 28 days from the date of publishing.
- Customers who become aware of an offer after having placed an order will not be able to redeem the offer retroactively.
- Power 2 Creativity CIC reserves the right to withdraw offers at any time with no prior warning or notification.
Use and availability of the Power 2 Creativity CIC rewards loyalty scheme is limited to and only permitted on the website. Power 2 Creativity CIC reserves the right to alter any aspect of the scheme without any prior notification to customers or participants.
If the Loyalty Points scheme is clearly advertised (an active scheme), you are entitled to earn points when making a purchase of a Power 2 Creativity CIC product that has an allocated value of points on the Power 2 Creativity CIC Website. When available, you may also earn points when you refer friends or family to Power 2 Creativity CIC. Points cannot be exchanged for cash or vouchers of any kind and can only be redeemed as a discount on the total value of a customer’s shopping basket at the creation of an order. Points can only be spent when placing an online order on the Website. Points may not be redeemed against any VAT that is applicable to your order. Points may also not be redeemed against postage and shipping costs.
Points earned are attributed to an individual account; therefore users with multiple accounts may not transfer points between multiple accounts or transfer or gift points to other users. Discounts received when spending Points may not be applied retrospectively.
Points will only be awarded for valid referrals that follow the instructions found on the Power 2 Creativity CIC website and which are carried out in accordance with these terms and conditions, at times when points earned on referrals are explicitly available.
Power 2 Creativity CIC reserves the right to withdraw Power 2 Creativity CIC Rewards services at any time from an individual user or from our website as a whole, for any reason, and without prior notification to you. Power 2 Creativity CIC also reserves the right to deduct Points from user accounts in certain circumstances, such as returned products or cancelled orders or when making administrative adjustments. In instances where a product is returned, yet the individual’s account does not contain the corresponding number of points earned when placing said order, (e.g. the points may have been redeemed by the individual in a separate order), Power 2 Creativity CIC reserves the right to deduct the corresponding number of the missing points from an individual’s account (including but not limited to, where this would create a negative points balance in that individual’s account).
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an event outside our control (as defined below in the following section).
An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an event outside our control takes place that affects the performance of our obligations under these terms and conditions:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under these terms and conditions will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.
- The main booking contact is responsible for the actions of all other attendees within the ECP Hub
- Any disregard for rules which lead to damages within the ECP Hub are chargeable to the main booking contact
- Your booking will start and end promptly at the chosen time
- You are recommended to leave plenty of time before the end time of your booking as the metal shutters will come down promptly at the end of the booking time
- If the shutter comes down and you have not vacated the property, there will be a £200 call out fee
- You are expected to clean up after yourself when using any of the studio space, failure to do so could result in additional cleaning fees
- Advance payment is required to secure all studio bookings at The ECP Hub. You must be able to produce a booking confirmation on the day of their reservation; failing that, you may be denied access to our studios. We reserve the right to cancel any booking where payment is not received before the event.
- An invoice is raised as soon as a booking is agreed in writing via email. Once a booking has been processed, you will not be able to gain a refund if the booking is less than 7 days from the time of requesting a refund.
- Our electronic booking system sends out an automatic confirmation once a booking is paid for; this outlines the dates, times and location of each booking. It is your responsibility to ensure you have received this message and that the information is correct. If you do not receive this message, please contact the space booking team as soon as possible. The same rules and procedure apply for booking cancellations.
- All invoices must be paid immediately upon receipt, otherwise you risk cancellation of future bookings.
- Booking slots are made available on specific dates throughout the year. For more information about our booking cycles, please contact the space bookings team at email@example.com .
- Studio times and locations may be changed or cancelled in exceptional circumstances by ECP Hub due to changes in the internal programme. You will be given notice of cancellation in writing as far in advance of the booking date and time as is reasonably practicable.
- No eating, drinking or smoking within the ISE Recording Studio.
- Any unwanted behaviour can be reprimanded by immediate termination of a session. This is down to the discretion of the Engineer. All decisions are final.
- You are expected to bring your own music to the session. No production of music will take place within the session unless otherwise agreed.
- Mixing and mastering have to take place within the allocated session time. Any additional work is chargeable.
These are the Terms and Conditions for using the ISE Recording Studio
“Agreement” means the agreement comprised in the Booking Form and these Conditions;
”Booking” means the hire of the Studio for the Period of Booking and subject to the other terms and conditions specified in the Booking Form;
“Booking Fee” means the fee payable by the Client to the Company for the Booking as specified in the Booking Form or if not specified then calculated in accordance with the Company’s published or usual scale of charges;
“Booking Form” means any written quotation given by the Company and accepted and agreed to and signed by the Client (to be deemed accepted when work begins if no prior acceptance is received by the Company) or the description of supply (but not any “terms and conditions”) contained in any written order of the Client accepted by the Company (to be deemed accepted when work begins if no prior acceptance is received by the Client);
“Client” means the person or company referred to in the Booking Form;
“Client’s Equipment” means equipment brought onto the Company’s premises by the Client, or the Client’s Personnel or any servant agent or contractor for and on behalf of the Client;
“Client’s Own Part Recorded Media” means the Client’s own recording media incorporating pre-recorded material including without limitation multi-track recording tape and computer software;
”Client’s Personnel” means persons invited by the Client to enter the Studio during the Booking;
“Client’s Recording” means a recording made before the Period of Booking which is delivered to the Company by the Client in connection with this Agreement;
“Company” means Milo Music Limited;
“Conditions” means these conditions;
“Fee” means the Booking Fee;
“Master Recording” means the original recording produced for the Client in the course of the Booking on the media and in the format described in the Booking Form;
“Maximum Liability” means the maximum liability on the part of the Company to the Client arising under or in connection with this Agreement (in the aggregate for all potential claims by the Client) being the lesser of (i) £100; and (ii) the total amounts paid to the Company by the Client under this Agreement in the six months immediately preceding the initial notice of any claim;
“Operators” means the staff of the Company named as such in the Booking Form;
“Period of Booking” means the period described as such in the Booking Form;
“Pre Production Master” means a Recording in form intended for mass production without further material change;
“Recording” means any single or multi-track audio and/or visual recording or data programming or derivative thereof or any one or more pieces of recorded sound or visual image recorded or used during the Booking including a Master Recording and a Pre Production Master or any Client’s Recording;
“Representatives” means the persons named in the Booking Form being authorised by the Client to instruct the Company on behalf of the Client;
“Session Footage” means all audio and or audio visual material documenting the progress and making of the Recording in the Studio during the Period of Booking;
“Studio” means the recording studio and the equipment specified in the Booking Form;
“Studio Building” means all parts of the building and premises in which the Studio is contained;
“Studio Breakdown” means a failure or breakdown or unavailability for any reason of the Studio which prevents the Client’s use thereof in accordance with the terms hereof;
“Trade Marks” means all Company owned and or controlled trade marks, logos and associated rights.
These Conditions alone are to apply to all facilities hired and work done by the Company for the Client
and shall prevail over any terms and conditions put forward by the Client.
2. STUDIO FACILITIES
2.1 The Company shall make the Studio and the Operators available to the Client for the Period of Booking and shall produce the Master Recording at the direction and subject to the monitoring and approval of the Client or the Representatives. The Client shall only permit
people directly involved in the Recordings to enter the Studio Building and only during the Period of Booking. The Company reserves the right to require any person not so involved to leave the Studio building.
2.2 The Client hereby acknowledges that it shall be responsible for:
(a) ensuring the suitability of the Studio for the Client’s purpose;
(b) ensuring that the Client’s Equipment shall be compatible with the Studio;
(c) the technical quality of any recording engineered by personnel provided by the Client;
(d) any problem or damage caused by use of Clients Own Part Recorded Media (including any virus damage), and that accordingly the Company gives no warranty as to the foregoing.
3. THE BOOKING FEE
3.1 For Clients with accounts with the Company, payment of the whole of the Booking Fee and any other sums payable by the terms of this Agreement shall be due on the later of either thirty (30) days of the Company’s invoice in respect of such monies, or on the first day of the
Period of Booking.
3.2 For all other Clients, and unless agreed otherwise with a Client and set out in the Booking Form, the Booking Fee shall be payable in full at the time of the booking
3.3 Where agreed with the Client the Company may make additional charges for specific items (including but not limited to overtime (charged at the our usual hourly rates from time to time in force unless agreed otherwise by us in writing), taxi fares, materials and/or food), which
amounts will be payable in full by the Client on receipt of an invoice in respect of such charges.
3.4 Unless payment is made by cash or has otherwise been agreed in writing by the parties, all payments under this Agreement must be made by credit or debit card or BACS transfer.
3.5 Credit card payments are subject to a two percent (2%) surcharge on the transaction amount, except for payments made using or via American Express which are subject to a two point six percent (2.6%) surcharge on the transaction amount. International bank transfers will be subject to an additional charge of £6.00 per transaction.
3.6 Provisions relating to credit and/or debit card payments:
(a) all Clients other than those with accounts with the Company are required to provide the Company with the following credit or debit card details prior to the Company confirming a Booking: name of the cardholder, the card number and expiry date. The Company
shall use these details solely for the purposes of confirming the identity of the Client, checking credit, effecting payment to the Company and servicing the Client’s account;
(b) the Company will retain all credit or debit card details provided by a Client in a secure environment for the purposes set out in Clause 3.6(a). This information will be used retained and stored by the Company in compliance with all its statutory obligations including, but not limited to, the Data Protection Act 1998 (as revised and amended).
Once the Company is in receipt of cleared payment of all the Fees from a Client, the Company will permanently delete those of that Client’s credit card details that were retained further to this Clause 3.6;
(c) Clients who do not provide credit card details will not be entitled to remove any Materials (as defined below) or Recordings from the Studio until all fees and charges payable further to this Agreement have been paid in full and received by the Company as cleared funds;
(d) the Client is deemed to have authorised the settling of all outstanding charges and/or the Booking Fee which can be processed by the Company using the credit or debit card details held on file.
3.7 The Client shall be liable to pay interest on any sums overdue and payable to the Company from time to time at the rate of four per cent (4%) per annum above Barclays Bank base rate.
3.8 Subject to the Company exercising its discretion in accordance with Clause 3.9 hereof, the Fee shall not be reduced on account of:
(a) the Client’s failure to use the Studio for any or all of the Period of Booking;
(b) the Client’s cancellation of the Booking or any part thereof.
3.9 In the event of the Client’s failure to use the Studio for any or all of the Period of Booking or the Client’s cancellation of the Booking, the Company may, at its sole discretion and without any obligation whatsoever, endeavour to make the Studio and Operators available for an alternative booking. The Company shall deduct any monies received from such alternative bookings (which, at the sole discretion of the Company, may be less than the Booking Fee)
against the Fee payable by the Client. The balance of the Fee shall be payable in accordance with this Agreement.
4. THE CLIENT’S OWN MEDIA, PERSONNEL AND EQUIPMENT
4.1 The Client will be responsible for the integrity of the Client’s own media, including (without limitation) hard drives and/or the Client’s Own Part Recorded Media (the “Media Materials”) and the Company shall not be liable for any deficiency in or caused by such Media Materials.
The Client shall be responsible for backing up or creating safety duplicates of any Media Materials.
4.2 The Client hereby warrants undertakes and agrees that it shall procure that each of the Client’s Personnel shall abide by the Studio’s rules, regulations and health and safety policy and that it shall be responsible:
(a) for the actions of the Client’s Personnel upon the Company’s premises;
(b) for any and all injury, loss or damage to any person’s equipment or premises (including, without limitation, the Studio’s equipment or premises) caused by any act or omission of the Client’s Personnel, or as a result of any defect in or inappropriate specification of the Client’s Equipment or the Media Materials generally;
(c) for the cost of the hire of any Client’s Equipment;
(d) for any costs and expenses incurred by the Company on behalf of the Client at the Client’s request;
(e) for any and all loss or damage to the Client’s Equipment which shall be at the sole risk of the Client.
4.3 The Client hereby warrants, undertakes and agrees that it shall maintain adequate insurance cover with reputable insurers for the duration of the Period of Booking in respect of its obligations under Clause 4.2 of these Conditions.
4.4 The Client shall vacate the Studio and remove all Client’s Equipment forthwith at the end of the Period of Booking. The Company shall be entitled by 3 (three) months’ notice to the Client to require the Client to collect the Client’s Equipment and in default of collection of the
Client’s Equipment on or before the expiration of the said period of notice, the Company shall be entitled to destroy or otherwise dispose of the Client’s Equipment.
5. SOUND LEVELS
The Client hereby acknowledges that the Noise at Work Regulations 1989 have established that prolonged exposure to high noise levels above 85 dB(A) may cause damage to hearing and that both studios and studio users are required by law to keep exposures as low as reasonably practicable and that accordingly:
5.1 the Client shall be responsible for noise levels within the Studio;
5.2 high noise levels shall not be sustained for long periods;
5.3 the Company hereby reserves the right to take such action as it may deem appropriate to maintain tolerable noise levels and that no claim shall lie against the Company in respect of inconvenience or time lost in the event of such action;
5.4 the Client shall follow the recommendations contained in the APRS leaflet “KEEP SOUND LEVELS DOWN” (receipt of a copy of which the Client hereby acknowledges) and instruct the Client’s Personnel to do the same.
6. RECORDINGS AND MATERIALS
6.1 The Client shall procure the collection of the Recordings and ancillary materials (if any) (the “Materials”) immediately upon payment in full of the Company’s invoice applicable thereto (the “Collection Date”)
6.2 After the Collection Date:
(a) notwithstanding any other provision contained within the Conditions the Materials shall be held by the Company solely at the risk of the Client;
(b) the Client shall be liable to the Company for such reasonable charges as the Company may raise against the Client for the continued storage of the Materials;
(c) the Company shall be entitled to serve notice on the Client requiring the Client to collect the Materials within 3 (three) months of the date of such notice failing which the Company shall be entitled to destroy or otherwise dispose of the Materials.
6.3 Notwithstanding any other provision contained within the Conditions until such time as the Company shall be in receipt of cleared payment of the entire Fee the Company shall retain legal title to the Materials which shall remain the property of the Company and the Company shall be entitled to retain possession of all of the Materials.
6.4 Notwithstanding any other provision contained within the Conditions the Client hereby acknowledges and agrees that all risk in the Materials when in transit or otherwise off the Company’s premises shall vest in the Client.
6.5 The Company retains a general lien on any property of the Client Master Recordings and or Materials in its possession for any unpaid balance the Client may owe to the Company.
The Client hereby covenants and undertakes to the Company that it shall indemnify the Company against any injury, loss, damage, costs and/or expenses suffered by the Company arising from:
7.1 the Client’s cancellation of the Booking including without limitation any reasonable costs or expenses incurred by the Company in connection with the Booking;
7.2 the Client’s making, use or exploitation of the Recordings;
7.3 the Client’s breach of any of the warranties, undertakings or agreements on its part to be observed or performed by the terms of this Agreement;
7.4 any loss or damage caused to the Company by the Client’s Own Part Recorded Media or the Media Materials generally.
8. CONTENT OF RECORDING
8.1 The Client warrants that nothing whatsoever shall be included in the Recording (or any software introduced by the Client) which constitutes a breach or infringement of any copyright or which shall be in any way illegal, scandalous, obscene or libellous and the Client will indemnify the Company against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the Company in reference to any such claim. The indemnity shall extend to any amount paid on a lawyer’s advice in respect of any such claim.
8.2 The Company shall not be required to reproduce any matter which in its opinion is or may be of an illegal, scandalous, obscene or libellous nature.
9. STUDIO BREAKDOWN WARRANTY
9.1 Subject to Clause 9.2 of these Conditions, in the event of Studio Breakdown the Company shall at its option either replace (as soon as can reasonably be arranged) the Studio facilities
to which the Client was entitled by the terms hereof and which have been lost as a result of such Studio Breakdown or credit or refund to the Client the Booking Fee in respect of the Booking and shall have no liability or obligation to the Client beyond these remedies.
9.2 In the event of a minor Studio Breakdown (being a Studio Breakdown lasting no longer than 2 hours) the Company may at its option and without any obligation whatsoever extend the affected day by a corresponding time at no additional charge to the Client.
10. MASTER RECORDING WARRANTY
10.1 The Client shall promptly notify the Company in writing of any defect in or loss of or damage to the Master Recording of which it is made aware whether as a result of any test carried out by the Client pursuant to clause 3 or otherwise.
10.2 The Company shall use its reasonable endeavours to correct any such defect and to effect replacement of such lost or damaged materials so notified to it or of which it is aware and which are attributable to faulty materials or workmanship or the negligence of the Company.
10.3 In the event that the Company is unable reasonably to effect such rectification or replacement its liability in respect of any Master Recording shall be limited to the Maximum Liability.
11. CLIENT’S RECORDINGS
It is a condition of this Agreement that all Client’s Recordings shall have been copied by the Client before delivery to the Company, and that the Company’s liability for loss of or damage to a Client’s Recording shall be limited to the value of the media on which it is recorded.
12. TRADE MARKS
The Trade Marks are the property of ISE Records and the Client shall not use the Trade Marks unless expressly authorized in writing by Company to do so.
13. FILMING AND PHOTOGRAPHY RESTRICTIONS
13.1 The Client shall not and it shall procure that Client’s Representatives shall not photograph or film any part of the Studio Buildings save as expressly provided in this Agreement.
13.2 The Client shall be permitted to photograph and/or record Session Footage within the Studio solely for non-commercial, personal purposes PROVIDED THAT:
(a) the copyright and all related rights in and to the Session Footage shall vest in Company and to the extent any such rights vest in Client, Client assigns all rights in the Session Footage to the Company, whether vested, contingent or future; and
(b) Client hereby waives, and shall procure the waiver from Client’s Representative any and all moral and or so-called “Performer’s” rights in the Session Footage; and
(c) the Client shall provide the Company with a copy of the Session Footage.
(d) In the event that Client or Client’s Representative either:
(e) wish to use the Session Footage for purposes not expressly permitted hereunder; and/or
(f) wish to photograph and or film the whole or part of the Studio Building; and
(g) the Client puts any request to photograph, film and/or record Session Footage in writing
14. COMPANY’S OVERALL LIABILITY
14.1 The Client acknowledges that its use of the Studio is entirely at its your sole risk. Under no circumstances will the Company, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, agents, and employees, be liable to a Client for any direct,
indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with
use of the Studio, whether or not the Company has been advised of the possibility of such damages or loss. Such limitation of liability shall apply:
(a) whether the damages arise from use or misuse of the Studio (including such damages incurred by third parties); and
(b) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
14.2 In the event that the Client shall actually suffer any loss or damage arising directly from the negligence or breach of contract or of statutory duty of the Company then other than in cases of death or personal injury the Company’s liability therefor shall be limited in any event to the Maximum Liability in respect of the aggregate of all instances of such negligence and/or breach arising out of the Company’s performance of its obligations under this Agreement.
14.3 Notwithstanding any other provision contained within this Agreement the Company shall not be liable to the Client or the Client’s Personnel for any:
(a) indirect or consequential loss or damage;
(b) economic loss including without limitation any loss of profits or goodwill or anticipated savings;
arising from any fault in the Studio or any act or omission of the Company its servants or agents in respect of this Agreement.
14.4 The Company’s liability under this Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortious or otherwise. All other conditions, warranties, stipulations or other statements whatsoever concerning the Agreement, whether express or
implied, by statute, at common law or otherwise howsoever, are hereby excluded.
14.5 The Client accepts as reasonable that the Company’s total liability in respect of the Booking shall be as set out in this Agreement: in fixing those limits the Client and the Company have had regard to the price and nature of the Booking and the terms hereof, and the level of
expenses expected to be incurred by the Client in respect thereof and the resources available to each party including insurance cover, to meet any liability.
14.6 WHERE THE BOOKING IS MADE BY A CONSUMER AS DEFINED IN THE SALE OF GOODS ACT 1979, THE SUPPLY OF GOODS AND SERVICES ACT 1982, THE SALE AND SUPPLY OF GOODS ACT 1994 OR THE FAIR TRADING ACT 1973 THE STATUTORY RIGHTS OF THE CLIENT ARE NOT AFFECTED BY THESE CONDITIONS.
15. FORCE MAJEURE
Notwithstanding any other term of this Agreement the Company shall not be under any liability for any failure to perform any of its obligations under this Agreement due to Force Majeure. Following notification by the Company to the Client of such cause, the Company shall be allowed a reasonable extension of time for the performance of its obligations. For the purpose of this Condition, ‘Force Majeure’ means Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage,
insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
16.1 If there is an inconsistency between any of the provisions of these Conditions and the provisions of the terms and conditions of the Studio, the provisions of these Conditions shall prevail to the extent of such inconsistency.
16.2 If any provision(s) of this Agreement is/are held to be invalid or unenforceable, it/they will be struck out and the other terms shall remain.
16.3 The Client shall procure that neither the Client nor any of the Client’s Personnel shall be held out as an agent of or pledge the credit of the Company.
16.4 This Agreement constitutes the entire agreement between the parties and neither party shall be bound by any other statement or representation made to the other.
16.5 No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto.
16.6 In the event that any part of this Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect.
16.7 For the purpose of the Contracts (Rights of Third Parties) Act 1999, this Agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.
16.8 All notices required to be given hereunder shall be in writing and deemed properly served if delivered by hand or sent by fax (PROVIDED that proof of transmission can be produced) to the address or fax number respectively of the applicable party specified on the Booking Form on the date of delivery or transmission or if sent by recorded delivery post to such address within two (2) working days of posting.
16.9 This Agreement shall be construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts
These are the Terms & Conditions for using the iDream Dance Studio
The information below outlines the terms and conditions of hire of studio space by a hirer (you) at The ECP Hub (we/us). The hire of studio space under these terms and conditions does not create any affiliation or partnership between you and The ECP Hub, and The ECP Hub takes no responsibility for and does not endorse the content of activities which you carry out in its studios.
By confirming the request in writing you acknowledge and confirm that you have understood and agreed to comply with the terms and conditions contained within this document. Please note that completing a booking form does not automatically mean that the booking has been confirmed.
1. Booking Procedure:
1.1 Advance payment is required to secure all studio bookings at The ECP Hub. You must be able to produce a booking confirmation on the day of their reservation; failing that, you may be denied access to our studios. We reserve the right to cancel any booking where payment is not received before the event.
1.2 An invoice is raised as soon as a booking is agreed in writing via email. Once a booking has been processed, you will not be able to gain a refund if the booking is less than 7 days from the time of requesting a refund.
1.3 Our electronic booking system sends out an automatic confirmation once a booking is paid for; this outlines the dates, times and location of each booking. It is your responsibility to ensure you have received this message and that the information is correct. If you do not receive this message, please contact the space booking team as soon as possible. The same rules and procedure apply for booking cancellations.
1.4 All invoices must be paid immediately upon receipt, otherwise you risk cancellation of future bookings.
1.5 Booking slots are made available on specific dates throughout the year. For more information about our booking cycles, please contact the space bookings team at firstname.lastname@example.org .
1.6 Studio times and locations may be changed or cancelled in exceptional circumstances by ECP Hub due to changes in the internal programme. You will be given notice of cancellation in writing as far in advance of the booking date and time as is reasonably practicable.
- Noise levels, Percussion and Pianos in the Studios:
2.1 Noise levels in all studios must be kept to a reasonable level. If you are disturbing other users, you will be advised to reduce your noise level by ECP Hub staff.
N.B Please consider other users and local residents when using the studios.
- Food & Drink in the Studios:
3.1 You are required to immediately clean any spillages on the floor to prevent injury. Failure to do so will hold the individual liable for any injury to themselves or other individuals present.
- Damage to the Studios:
4.1 You will be liable for any damage caused to the studios. This includes (without any limitation) damage to the studio’s floors, walls, or audio-visual system. You are responsible for informing email@example.com if you notice anything unusual in the condition of the studio you are using before commencing your booking.
- Booking Times:
5.1 You must keep to your allotted time slots and you must ensure that warm-up and cool-down is allowed for within the booking time. If you persistently fail to keep to your allotted time, you will not be allowed to book studio space in the future.
5.2 Our booking policy allows for back-to-back bookings and we expect the outgoing hirer and the incoming hirer to be flexible when this is the case. Please notify firstname.lastname@example.org about any delays affecting your booking as a result of the previous hire.
5.3 The ECP Hub reserves the right to invoice for any extra time in the studio according to reception’s report.
- Use of Equipment:
6.1 The studio is equipped with 2 x speakers and a flat screen TV. Instructions on how to use this equipment can be provided upon request.
6.2 Please note that the equipment must not be moved around the room without permission and objects should not be kept near electrical items, especially liquids
6.3 Our studios are suitable for dance and movement practices. Should you require any extra equipment (i.e. chairs and tables), this must be stated at time of booking. We have some tables and chairs which hirers are welcome to use, but these are considered extras not part of the booking and you would be responsible for locating these items and putting them back to their original places.
6.4 The building is equipped with Wi-Fi signal and this is accessible using the details which can be found at Reception. Please note this is a free service which is not set up for the purpose of live streaming and there are no guarantees from our part as to its speed and reliability.
6.5 Any equipment should be compliant with current guidance & legislation. All electrical items must be PAT tested and flammable objects must be treated with fireproof spray. Hirers are required to have a list of all equipment in use and relevant supporting documentation.
- Photo & Video:
7.1 Any hire involving photography and video footage must be agreed at the time of booking as different rates could apply. Please contact the space bookings team at email@example.com for more information.
7.2 We can charge for bookings involving photography and video footage according to the purpose and where the footage will be distributed. We classify hire according to three categories: (i) independent artists/charity organisations; (ii) profit-making/commercial/large productions; and (iii) media/documentaries/interviews.
7.3 The use of flash photography must be stated at the time of the booking
7.4 We prohibit filming and photography of artistic works, staff, members of the public and children using the building. We have a safeguarding policy (available on request), so please refrain from featuring images of children within The ECP Hub in your shoot.
7.5 For most shoots an appropriate credit line acknowledging The ECP Hub as the location is sufficient, i.e.: “filmed at The ECP Hub” or “Location: The ECP Hub”. If the images will be broadcasted we might be interested in using the images, videos or stills from such shoots in our communication activities.
- Health & Safety, Best Practice and Public Liability Insurance:
8.1 You are responsible for ensuring your session is run in line with current health and safety legislation and best practice guidelines. A risk assessment should be carried out and be available for The ECP Hub staff in advance and on the day. The ECP Hub takes no responsibility for the content or health and safety of classes run by external hirers.
8.2 The first aid kit and accident book is kept in the kitchen.
8.3 All hirers must tell us in advance if they are expecting any wheelchair users.
8.4 All hirers must make themselves familiar with the fire evacuation procedures (contained in the studio) and must make sure class participants are briefed on course of action in case of fire.
8.5 The ECP Hub’s insurance will only cover defects with the building. We are not liable for and cannot cover loss of your personal property.
8.6 Hirers need to have their own insurance to cover any situation involving loss or injury to a member of the public as a result of their own activities.
8.7 If a session involves participants who are under the age of 18 or classed as vulnerable adults the hirer is responsible for ensuring that the relevant DBS checks have been obtained.
8.8 Hirers are advised not to exceed the recommended studio maximum capacity (see below).
- Location & Building Facilities:
9.1 There is a kitchen and restroom available on site. The kitchen contains a mini fridge, and microwave. Any use of these facilities should be done in a responsible way, and you are expected to keep everything clean. Any failure to do so will result in a cleaning fee of £50.
- Marketing & Publicity Guidelines:
10.1 Studio hirers are only allowed to mention The ECP Hub in their advertising as the venue where their activity is taking place and must not use the words “The ECP Hub” in the title of their event. Location must be listed as “The ECP Hub” with no other suffixes.
10.42 You can display information about your activity on the External Hirers noticeboard (please contact firstname.lastname@example.org for a template advert). Please note we do not allow any flyers for external activity to be left at reception.
- Pricing and Studio Specificities:
11.1 Rates are calculated by the hour (one hour minimum hire).
11.2 VAT is charged on all bookings, currently at 20% on the below prices.
11.3 As a not for profit organisation, unfortunately we are not able to offer discounts for other charities.
11.4 Maximum capacity is recommended for movement-related activities involving adults, calculated at an average of 4.5-5 m2 per person.
FIRE AND EVACUATION PROCEDURE
Studio Hirers: Please adopt the following evacuation procedures. It is important that you keep an updated list of participants in your group and inform them about the nearest exit and the roll call area.
If you discover a Fire
• Activate the nearest fire alarm call point and leave the building immediately
• Use the nearest escape route, marked by green emergency signage
• If possible inform The ECP Hub security of the location and nature of the fire
• Proceed to the assembly point. Do not loiter outside any exit and do not stand in the road
If the alarms sound
• Evacuate your studio, closing the door behind you
• Use the nearest escape route, marked by green emergency signage
• Proceed to the assembly point Do not loiter outside any exit and do not stand in the road
• Report to The ECP Hub security that your area is clear and that all participants have safely evacuated the building
If you discover a suspect package
• Contact security and inform them know the location of the package.
• Await further instructions
Close all doors behind you
Do not run
Do not use lifts
Do not stop to collect personal belongings
Do not re-enter the building unless clearance is given by the Fire Brigade / The ECP Hub Security
These are the Terms & Conditions for using the ECP Creative Media Studio
- Booking Confirmation and Payment Terms
1a. A booking is considered as confirmed after The ECP Hub receives cleared balance payment
1b. Clients must make a full balance payment (including any agreed security deposit) on or by 3 days (72 hours) before booking start time, and failure to do so will result in termination of scheduled shoot without refund or notice.
- Booking times
2a. Bookings times start as per confirmed time and if a client is late, booking fees are incurred from the agreed booking time.
- Set Up and Take down time
3a. Clients must include set up and take down/clean up time within the hours booked, to avoid overtime charges.
- Cleaning & leaving the studio in reasonable state
4a. Studio or venue space must be left in reasonable state at the end of clients booking to avoid additional cleaning charges (at discretion of The ECP Hub).
4b. For events and large shoots with 10+ people, we have a standard cleaning charge of £50-£100 (rate to be agreed prior to booking and is depending on size and nature of the booking, and space being booked). The cleaning charge is based on leaving the space in reasonable state and a higher rate is chargeable if the space is left particularly dirty. Any additional cleaning charges are taken out of security deposit payments.
- Number of Attendees.
5a. Clients must abide by booking requirements agreed in advance for total number of attendees. As our rates are dependent on total number attendees, an increase may incur relevant additional charges.
5b. We have a Maximum number of attendees which depend on space being hired and this is to be advised prior to bookings. The specified maximum attendees must not be exceeded for security and safety reasons and we reserve the right to refuse entry or terminate a booking if a venue space is at capacity.
- Security Deposit
6a. For events and large shoots with 20+ people, we have a Holding/Security Deposit of £150-£500 (rate to be agreed prior to booking and is depending on size and nature of the booking, and space being booked). The security deposit will be returned at the end of the booking (minus any deductions due to damage, additional cleaning fee, additional attendees or overtime).
6b. Security deposits are held as security against breach of terms and the full amount will be lost if any stated terms are breached by the client or their guests.
7a. Clients must ensure that all minors under the age of 18 are always accompanied by a chaperone. Minors must have parent’s or guardian’s permission to be at our premises, and/or to be photographed or filmed as relevant.
- Use of Equipment
8a. If your booking comes with lighting, sound or other equipment, all equipment used must be returned promptly at the end of the hire period in the original condition, and the client is liable for repair or replacement cost for any missing or damaged equipment.
8b. Clients may not without the written consent of The ECP Hub; remove the equipment from the studio premises; modify or alter or tamper with the equipment in any way; use the equipment in a manner not recommended by the manufacturer; nor allow the equipment to be used by any untrained or unauthorised personnel.
8c. Any required equipment, prop or studio booking add-ons must be requested and added to booking in advance to ensure availability. We cannot guarantee the availability of any equipment or prop where it has not been specifically requested, confirmed and added to your booking (listed in booking confirmation email within inclusive extras section).
- Breakages, Losses and Damages
9a. Clients are responsible for any breakages, losses or damages caused to the premises or equipment by the client, or any other person(s) during booking time.
9b. All equipment used is at the risk of the client and The ECP Hub shall not be liable to the client for any loss, damage, expense, or for any consequential loss (including loss of profit) arising out of or in connection with; any damage to or loss of property by the client or third party; any breakdown, stoppage or failure of the facilities/equipment provided by The ECP Hub.
9c. Alterations or an addition to our premises or equipment is not permitted without prior written consent.
9d. Clients must check any equipment provided and must notify The ECP Hub at the time of supply if equipment is damaged or if the condition of the equipment is not acceptable. The client is responsible for any breakages or damage if The ECP Hub was not notified at the time of supply.
- Booking Changes and Cancellations
10a. Studio hire bookings can be cancelled if the booking is more than 7 days from the time of requesting the cancellation.
11a.The ECP Hub may terminate any booking or hire contract if the client is found to be in breach of any of the terms and conditions.
12a. Speakers are provided and Music can be played inside premises at a moderate and reasonable (at discretion of The ECP Hub). Noise levels outside of our premises must be kept to a reasonable level during bookings. Clients are asked to consider other occupants and neighbour residents when using our facilities.
- Littering and Waste Disposal.
13a. Clients must not litter and drop waste on the inside or outside of our premises, and must put all litter in internal bins or in specified rubbish and recycling skips which are located outside of our premises. Additional bin bags will be provided and clients are responsible for ensuring all waste is disposed off and outside spaces are kept clean and litter free. Failure to do so will result in additional charges.
17a. Clients will not directly, indirectly, or on behalf of others; solicit, induce, recruit, encourage or otherwise endeavour to cause or attempt to cause any employee, previous employee or consultant of The ECP Hub to perform any business/services to the Client, or to terminate their relationship with The ECP Hub.
18a. These Terms and Conditions are valid at time of booking and are subject to variation. Clients will be notified of any variations prior to booking.
- Applicable Law
19a. The laws of the United Kingdom shall govern all agreements.