Terms & Conditions

www.musicgateway.net

This is a legally binding agreement between you and Music Gateway. Please read these terms of use carefully before using this site.

These terms of use were last updated on 20th December 2016.

1. INTRODUCTION

1.1 "With Music Gateway we have developed a web platform which is designed to be both simple to use and effective at generating creative and career development opportunities in the global music business. In my experience a lot of time can be wasted trying to find the right person to work with and in breaking through industry barriers to get to those personal milestones. This takes people away from the creative process. With so many obstacles to overcome on the path to success, I wanted to provide a system which handles the legwork and helps people get connected on a global scale with the right talent for their projects. For me, it's important to remember that making and enjoying music is what drives us and millions of other people each and every day. We hope that Music Gateway will make that musical journey easier and, ultimately, more fulfilling." Jon Skinner - CEO & Founder of Music Gateway.

1.2 www.musicgateway.net (the "Site") is a website operated by Music Gateway Limited, a company incorporated in England and Wales with registration number 07643390, whose registered office is at 8 Mount Rise, Redhill, Surrey, RH1 6JY, England ("Music Gateway" or "we"). Our VAT number is 163407422.

1.3 These terms of use (together with the documents referred to below (and accessible by click-through links) set out the terms on which you may use the Site, whether as a guest or a registered user. This includes accessing, browsing, or registering to use the Site.

1.4 Please read these terms of use carefully before you start to use the Site, as these will apply to your use of the Site. We recommend that you print a copy of this for future reference. By using the Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the Site.

2. OTHER APPLICABLE TERMS

2.1 The following terms also apply to your use of the Site: Our Privacy Policy explains how and for what purposes we use information we collect about you. By using the Site, you consent to such use and you warrant that all information and data provided by you is accurate.

Our Acceptable Use Policy Acceptable Use, sets out the permitted uses and prohibited uses of the Site. When using our site, you must comply with the Acceptable Use Policy.

Our Copyright and Intellectual Property - Infringements Policy Reporting Infringements

3. CHANGES TO THESE TERMS OF USE

3.1 We may revise these terms of use at any time by amending this page.

3.2 Please check this page from time to time to take notice of any changes we make, as they are binding on you.

4. CHANGES TO THE SITE

4.1 We may update the Site from time to time, and may change content on it at any time without notice. Please note that content on the Site may be out of date at any given time, and we are under no obligation to update it.

4.2 We do not guarantee that the Site, or any content or information on it, will be free from errors or omissions, however we welcome your feedback. If you do identify errors or inconsistencies or have any suggestions, please let us know. You acknowledge we are under no obligation to amend or change Site content or information in light of this information.

5. ELIGIBILITY TO USE THE SITE

5.1 By using the Site and, if applicable, by registering as a Registered User (as defined below) you warrant to us that you have the right, authority and capacity to agree to and to abide by these terms of use and you agree to and will at all times abide by these terms of use. We may at our discretion decide whether or not to accept any particular applicant as a Registered User.

5.2 If you are using the Site as a business entity, you warrant that you have the authority to legally bind that entity. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law.

5.3 Use of the Site is restricted to persons aged eighteen (18) years and over. If the person is aged below eighteen (18) years then they must seek consent by a parent and/or legal guardian who does hereby acknowledge that they have read and understood the Site and these Terms and Conditions. The parent and/or legal guardian understands that our Site allows the User to potentially secure connections and general music related business and possibity of securing licensing from other Users and or clients of the Site. These licenses of musical copyrights will require professional and legal advice which is the sole responsiblity of the User to be sought outside of the Site. If the parent and/or legal guardian requires a better understanding of our Site, we recommend that they contact us for written or verbal confirmation for any queries they may have. We cannot comment on any other User or provide advice other than information relating directly to the use of the Site and it's basic understanding.

6. ACCESSING THE SITE

6.1 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

6.2 The Site may be accessed by any computer device, including mobile and tablet devices, however the Site is designed and tested within most modern browsers, therefore some of the Site features and functionality may not be compatible with older browser types and certain mobile devices or tablets.

6.3 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and that they comply with them.

6.4 Certain areas of the Site and the services provided on it are reserved to Registered Users (as defined below).

6.5 You acknowledge and agree that we may include third party advertising, sponsorship and/or endorsements including for any product, service or clause on or in connection with the Site, related material and otherwise in connection with our services in each case in our sole discretion from time to time. We shall be entitled to retain any such advertising, sponsorship and/or endorsement revenues and other proceeds for our sole use and benefit.

7. REGISTERED USERS

7.1 In order to fully enjoy the services provided on the Site you must create an account and become a "Registered User". As Registered User you will be entitled to:

(a) Receive general email updates; (b) Post Projects and pitch for work on Projects posted by other Registered Users. Registered Users who post Projects are sometimes referred to on the Site and in these terms of use as "Project Owner(s)". Registered Users who pitch for work on Projects are sometimes referred to on the Site and in these terms of use as "Picher(s)" and if a pitch is accepted by a Project Owner "Project Worker(s)"; (c) Receive and send personalised messages to other Registered Users in connection with specific Projects and the Project pitching process; (d) Use all sections of the Site (excluding areas which may be restricted to our Pro Level Subscription users); (e) Personalise certain areas of the Site such as your personal profile page and upload content as part of your personal show reel or for Projects you are working on; (f) Rate and leave feedback about Registered Users you have worked with; (e) Take advantage of any special offers or additional services we may offer Registered Users from time to time at our discretion.

7.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party except your authorised representatives. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email only using this email address only: Email: 

7.3 We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or if the Site becomes unavailable for any reason.

7.4 Registered Users who are individuals must be 18 years or older.

7.5 You may terminate your Registered User account at any time by sending a notice to us at the address set out in the Notices section (below). Account closure may not be made retrospectively and after your Registered User account is terminated relevant provisions of these terms of use shall remain in effect.

8. REGISTERED USER ACCOUNTS

8.1 Registered Users are required to create a transactional account ("Trading Account") to send and receive funds for Projects and to pay Music Gateway's Project fees and transaction charges. When you create a Trading Account you will be required to choose a trading currency. The currency used on the Site may be US Dollars ("Dollars"), Pounds Sterling ("Sterling") or Euros. Once your Account currency has been chosen it cannot be changed and any payments received from other Registered Users in different currencies to your Trading Account will be converted into your Trading Account currency.

8.2 The maximum amount that may be deposited by a Registered User into their Trading Account, in any one (1) calendar month using a credit card is three hundred pounds (£300) for a Sterling Trading Account, five hundred dollars ($500) for a Dollar Trading Account and three hundred euros (€300) for a euro Trading Account. Larger amounts may be deposited by debit card, bank transfer or any other payment type specified on your Account. The maximum limit for debit cards transactions and bank transfers are detailed on the Registered User's Trading Account page.

8.3 Funds deposited may not be withdrawn within thirty (30) days of an Account opening, or within thirty (30) days of any amount being deposited into the Trading Account. Any funds deposited using a credit card and withdrawn by a Registered User will be re-credited back to the user's same credit card. These procedures are in place for security reasons and to help minimise potential fraud.

8.4 The minimum amount you may deposit in your Trading Account is three pounds (£3.00) for a Sterling Trading Account, five Dollars ($5.00) for a US Dollar Trading Account and three Euros (€3.00) for a Euro Trading Account.

8.5 The deposit and withdrawal of funds into your Account is subject to Music Gateway's transaction fees set out in section 10 below.

8.6 By depositing funds in your Trading Account you agree that you will not receive any interest or other earnings on the funds from Music Gateway and Music Gateway will not be liable to you for any loss of interest or earnings on such funds.

8.7 Music Gateway reserves the right to suspend and/or reverse any deposit or withdrawal if the source of the funds or transaction are suspected to be fraudulent. If in such a situation a withdrawal or payment has already been processed to you, you will be expected to return the funds to your Music Gateway Trading Account immediately or face expulsion from the Site and any other remedies available to Music Gateway to recover the funds.

8.8 Any Registered User that Music Gateway removes from the service due to violation of these terms of use will receive no credit or payment and will become liable for certain fees described in this these terms of use.

8.9 It is a condition of using the Site that Music Gateway requires you to make all payments to Music Gateway and to other Registered Users in connection with Projects you are working on using only the Account. You understand and agree that funds in your Trading Account may be co-mingled with funds from other Registered Users' accounts as Music Gateway may decide in its sole discretion from time to time. In addition, you understand that such co-mingled funds may be used by Music Gateway to pay other users and by Music Gateway for general corporate purposes or otherwise, provided that Music Gateway will remain contractually obligated to make payment to you, and for any transactions undertaken by you using Music Gateway provided you have deposited sufficient funds to cover the transaction and any applicable fees and charges due to Music Gateway. To the extent Music Gateway is obliged to re-pay any sums deposited by you in your Trading Account, you will be an unsecured creditor of Music Gateway.

8.10 You acknowledge that: (1) Music Gateway is not a bank or other licensed financial institution and does not provide banking services; (2) the amounts shown as on credit in your Trading Account are not held in a separate account and represent the unsecured obligations of Music Gateway to you with respect to your use of the Site and payments to be made by you; (3) Music Gateway is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent; and (4) amounts transferred through or stored in your Trading Account are not insured or guaranteed funds. By opening a Trading Account and sending payments through it you hereby appoint Music Gateway as your agent to obtain the funds and hold and to transfer them to Project Worker subject to these terms of use.

8.11 If your Trading Account has a negative balance, Music Gateway may off-set the negative balance with any funds that are subsequently paid into your Trading Account.

8.12 Music Gateway reserves the right to cancel any Trading Account which has been inactive for more than 365 days with a nil or negative balance ("Inactive Trading Accounts")

8.13 You acknowledge and agree that any chargebacks (a chargeback occurs when an Project Owner rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you as a Project Worker by a Project Owner through the Site are your responsibility and you will not hold Music Gateway liable for any such charge. You agree that Music Gateway may reverse any payments made to you which are subject to a chargeback and thatMusic Gateway's standard charges will apply to any such reversal.

8.14 Music Gateway may, in its sole discretion, place a hold on any or all of the payments you receive if Music Gateway believes there may be a high level of risk associated with you, your Trading Account, or any or all of your transactions. If Music Gateway places a temporary hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute (whether as a Project Owner or Project Worker), in certain circumstances Music Gateway may place a temporary hold on the funds in your account to cover the amount of any potential liability. If a dispute is resolved in your favour, Music Gateway will remove the temporary hold. If you lose a dispute, Music Gateway may remove funds commensurate with the amount of any claim from your Trading Account before removing the temporary hold.

8.15 If there are not sufficient funds in your Trading Account to meet any outstanding fees or charges, Music Gateway reserves the right to collect from you any amounts owing to Music Gateway by any other legal means including by debiting any pre-authorised credit or debit card or PayPal account.

8.16 You agree that you are responsible for paying any taxes, including any goods and services or value added taxes or income tax, which may be applicable arising from your use of the Site and the provision of any services as a Project Owner or Project Worker and you indemnify Music Gateway from any losses, claims or expenses in respect of any such payments.

8.17 By opening an Trading Account you authorise Music Gateway directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. This may include asking you for further information including requiring you to provide proof of your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your driver's licence or other identifying documents at any time to reasonably identify you as part of our own anti-fraud measures. In addition, in some circumstances we may ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. You acknowledge that we may be required to verify the information provided by you to us before allowing access to and use of your Trading Account. We reserve the right to close, suspend, or limit access to your Trading Account and/or the Site in the event we are unable to obtain or verify to our satisfaction the information required by this clause.

9. PROJECT TRANSACTIONS

Relationship between you and Music Gateway

9.1 Music Gateway provides a platform to introduce users who wish to put music related Projects out to tender or to pitch for music related work on other Projects. The Site enables Registered Users to identify each other and work together online to complete, invoice and pay for Projects.

9.2 Music Gateway's relationship with you is one of service provider and nothing in these terms of use shall constitute either of us as partner, agent or representative of the other.

9.3 We shall have absolute discretion as to whether or not we accept a particular applicant as a Registered User and for participation in the services provided on the Site.

9.4 We reserve the right to block or suspend any Registered User's use of the Site and the services on it without reason but expressly including if we think that they are violating these terms of use, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

9.5 You acknowledge and agree that Music Gateway is not involved in the contract between Pitchers/Project Workers and Project Owners and has no control over the quality or legality of the services provided by Registered Users on the Site, or the ability of contracting parties to provide the services or fulfil Project work or to pay for the services rendered.

9.6 We do not guarantee that any Registered User will actually complete a Project transaction or act lawfully in using the Site. Registered Users entering into Project transactions with other users do so at their own risk.

9.7 Music Gateway does not offer any form of insurance or other protection however some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited protection or chargeback services and you should familiarise yourself with these before proceeding with a Project transaction of any kind through the Site.

9.8 Information on the Site is provided on a general non-advisory basis and should not be considered professional, medical, legal, technical, or any other discipline-specific advice. Music Gateway does not have the resources to and does not undertake any obligation to, control, research, verify, validate, or approve content or information that is uploaded onto the Site. Users of the Site should use their own efforts to check that content and information on the Site is accurate and use caution and common sense when using the Site.

9.9 The services provided by Music Gateway to you are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services

Relationship between Registered Users

9.10 The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. If you do not qualify you must not use the services on the Site.

9.11 The parties to a project are the "Pitcher"/"Project Worker" and the "Project Owner".

9.12 When a Project Owner awards a project to a Pitcher, the Project Owner agrees to purchase, and the Pitcher agrees to deliver the services set out in the Project in accordance with these terms of use and the contractual provisions agreed between the Project Owner and the Picher for the Project. You agree not to enter into any contractual provisions which conflict with these terms of use.

9.13 By entering into a Project transaction with another Registered User, you create a legally binding contract with that user, unless the transaction is prohibited by law or by these terms of use.

9.14 You are responsible for ensuring that you comply with your obligations to other Registered Users. If you do not, you may become liable to that Registered User and Music Gateway. You must also ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Project Owner, Pitcher or Project Worker, use of the Site generally.

9.15 If another Registered User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Music Gateway has no responsibility for enforcing any Registered User's contractual rights.

9.16 We may from time to time take steps to confirm a Registered User's identity but we do not guarantee a Registered User's purported identity on the Site.

9.17 The relationship between Registered Users is that of independent contractors. Nothing in these terms of use creates a partnership, joint venture, agency or employment relationship between Registered Users or between Music Gateway and any Registered User.

Music Gateway's fees and charges

9.18 Our fees and charges for Projects and Trading Accounts are set out in section 10 below. You should familiarise yourself with these fees and charges before you post or pitch for a Project.

Interim payment

9.19 Music Gateway does not operate an escrow service. However we do offer a special, non-compulsory feature, which allows controlled payments to be made by a Project Owner to a Project Worker.

9.20 Depending on the agreement between the Project Owner and Project Worker, the Project Owner may create an advance payment to the Project Worker's Account which will be held and remain pending until the earlier of: (a) the Project Owner and the Project Worker agreeing the funds should be released to the Project Worker; (b) the Project Owner instructing Music Gateway to pay the Project Worker on completions of a Project by a Project Worker; and (c) the Project Owner and the Project Worker concluding any dispute resolution process related to the Project (see section 20 for how Music Gateway deals with disputes between Registered Users).

9.21 If on completion of a Project an interim payment has been made and is still pending and a Project Owner does not agree to release the interim payment the parties to the Project may refer the dispute to Music Gateway (see section 20 for how Music Gateway deals with disputes between Registered Users). Music Gateways reserves the right to refuse to process or to reverse any interim payment for any reason.

10. TRANSACTION CHARGES, PROJECT FEES AND DATA STORAGE CHARGES PAYABLE TO MUSIC GATEWAY

How you pay our charges and fees

10.1 By registering as a Registered User, depositing funds into your Trading Account and providing us with a pre-authorised credit or debit card or other payment method you are authorising Music Gateway to debit your Trading Account and/or take payment from your pre-authorised credit or debit card or other payment method when due for the Music Gateways charges and fees set out below and as they may appear on the Site (as varied from time to time).

Standard Trading Account Transaction Charges.

10.2 If you deposit funds into your Trading Account using a credit or debit card we will apply, on top of the amount being deposited a transaction fee amount equal to three point seven five percent (3.75%) of the funds deposited, plus an additional fixed fee of fifty pence (£0.50) or ($0.75 or €0.50) if the transaction is below £15.00 or ($22.50 or €15). The minimum amount you can deposit on any one single transaction is £3.00 or $5.00 or €3. If you deposit funds into your Trading Account using a bank transfer (BACS) or faster payments within the United Kingdom, we will apply on top of the amount being deposited a process & handling fee equal to one per cent (1%) of the funds deposited. If you deposit funds in your Account using an International Bank Transfer outside of the United Kingdom (Rest of the World) we will apply on top of the amount being deposited a process & handling fee equal to one per cent (1%) of the funds deposited. We have a secure FSA regulated client account with MoneyCorp in three currencies, Sterling, Dollars and Euros. We provide each Registered User with a unique reference code for all bank transfers via our account credit page amd functionality. Registered Users are liable for any and all forms of bank charges for receiving or transferring funds. Bank transfers received by us in the same currency as the receiving bank currency shall not be exchanged into any other currency. If the currency sent to our client account does not match the currency of the receiving bank account, the bank will automatically exchange that amount into the receiving banks currency. Any fees associated with processing a currency exchange or for any other fees associated with receiving funds by bank transfer shall be fully deducted from the total amount received. The net funds, after deduction of any fees by the bank or by us shall be the amount credited to your bank account. If you deposit funds into your Trading Account using a PayPal account we will apply, on top of the amount being deposited an additional transaction fee amount equal to three point nine percent (3.90%) of the funds deposited, plus an additional fixed fee of twenty pence (£0.20) or ($0.30 or €0.35). These transaction fees are equal to the fees charged to us by PayPal.

10.3 If you withdraw funds from your Trading Account using a credit or debit card we will charge a withdrawal fee of three point seven five percent (3.75%) with a minimum withdrawal fee of £1.95 for a Sterling Trading Account, $2.95 for a Dollar Trading Account €1.95 for a Euro Trading Account.

10.4 If you withdraw funds from your Account by BACS transfer you must withdraw a minimum of £50.00 for a Sterling Account, $75.00 for a Dollar Account and €50 for a Euro Account and we will charge a BACS withdrawal fee one percent (1%) of the amount withdrawn.

10.5 For Inactive Trading Accounts that have not been accessed for a period of more than 24 months, we may (at our discretion) charge a dormant account fee of US $10.00 per month until either the Trading Account is terminated or reactivated.

10.6 To cover the cost of processing credit and debit card chargebacks we will charge the user of the card a fee of £17.00 for a Sterling Trading Account, $25.00 for a Dollar Trading Account and €17 for a Euro Trading Account.

10.7 If you transfer funds from your Trading Account to another Registered User's Trading Account which is held in a different currency to your own (for example from a Dollar Trading Account to a Euro Trading Account) we convert the transferred funds into the receiving Registered User's currency and convert the amount at a rate equal to the exchange rate on the day of the transfer. The exchange rate is reduced by five (5%) to allow for any potential diverse fluctuations in the exchange rate.

10.8 We reserve the right to amend Trading Account charges from time to time in line with third party transaction charges imposed on us from time to time.

Additional File Storage Fees.

10.9 Each Registered User is allocated a file storage data at a level determed by their Account type. Registered User's may purchase additional storage limits for their Account at a price specified within the upgrade page on our Site.

Project Fees and Commission

10.10 If a Registered User's pitch for a Project is accepted by a Project Owner we will charge the Project Worker a fee equal to twenty per cent (20%) or, if a Project Worker is Pro Level Member, ten per cent (10%) or, if a Project Worker is a Business Level Member, five per cent (5%) is payable to the Project Worker on completion of the relevant Project ("Project Worker Fee"). The Project Worker Fee applies to all Projects posted on the Site and is payable by the Project Worker on confirmation of acceptance of their Pitch by the Project Owner and before work commences on the relevant Project and is non-refundable. In certain circumstances, where there is a dispute between the Project Owner and the Project Worker in respect of the relevant Project we may (at our discretion) refund a Project Worker Fee. For more details about what happens if there is a dispute see section 20.

10.11 Project Owners may post a multiple of project types free of charge.

10.12 We offer Registered Users a Pro Level Membership subscription, which has a number of benefits which are advertised on our Site (including the reduced Project Worker Fee). Pro Level Membership is chargeable on a monthly basis with each monthly subscription fee payment each month on the day of signing up to the subscription. The current fees are displayed here. Any Registered User who upgrades to Pro level Membership will be charged one full month's full fee from the date of upgrade and recurring payments will be taken on the same recurring day each month. Monthly subscription fees will be debited from either an authorised credit or debit card or PayPal.

10.13 Registered Users may sign up for Pro Level Membership or Business Level Membership at a discounted annual rate payable annually in advance. See pricing page for details.

10.14 We offer an On Spec upgrade option for certain project types. The fee payable for this option is dependent on the users account type. The fee for free account holders is £19.95 or $29.95 or €27.95. There is no free for the On Spec option for Pro or Business Account holders.

10.15 You may cancel your subscription for Pro Level Membership by giving notice in your Registered User account settings page and receive a full refund at any time within seven (7) working days beginning on the day after you receive confirmation from Music Gateway of your Pro Level Membership provided that you have not used during the Pro Level Membership service during this period.

10.16 You may also cancel your subscription for Pro Level Membership by giving notice in your Registered User account settings page at any time after seven (7) working days following confirmation from Music Gateway of your Pro Level Membership. If you do so your Pro Level Membership will automatically continue for the amount of time you have already paid for. For example if you have a monthly subscription your Pro Level Membership will expire at the end of the month in which you cancel. If you have a yearly subscription your Pro Level Membership will expire at the end of the calendar year for which you have already paid. Please note that if your payment is recurring and you want to downgrade, you will need to give a minimum of 3 (three) working days notice in order to ensure the recurring payment is cancelled before your next payment due date.

10.17 If Registered Users upgrade their Project postings we will charge the following fees on upgrade: Pro Level only restricted access £4.95 or $7.45 or €6.95. This option is available free of charge to all Pro Level account holders. Feature Advertisement for a Project £9.95 or $14.95 or €13.95. This featured option is reduced for Pro Level account holders to £4.95 or $7.45 or €6.95.

10.18 Please note all fees and charges including Pro and Business Level Membership subscription fees may vary from time to time. We shall notify users of any such changes and update these terms and conditions and other areas of the site displaying this information.

Avoiding Music Gateway's Fees

10.19 Music Gateway's Project fees are intended to be fair and reasonable and proportionate with the value of the Project work being undertaken.

10.20 Registered Users are prohibited from under-tendering on Projects or attempting to renegotiate fees for a Project privately to avoid or reduce Music Gateway's fees on Project. We aim to provide a fair and open playing field on the Site and such activities inevitably undermine our business and interfere with the proper running of that marketplace.

10.21 By becoming a Registered User and using the services on the Site you agree to only negotiate with other Registered User fees for Projects on the Site via the Site. You agree not to contact any Registered Users to negotiate or re-negotiate any fee for a Project separately from the Site at any time after a Project has been posted. This includes where a Pitcher is not chosen for a Project which has closed but there is subsequently contact between the Project Owner and Pitcher about a Project.

Value Added Tax

10.22 The fees and charges set out above are inclusive of VAT (value added tax) or any equivalent taxes which may be payable in addition. If you have a company outside of the UK, you may be exempt from paying VAT. To qualify for exemption, you must own a company which is trading and registered for VAT outside the UK, within the EU or registered in the United States. The settings for exemption are managed from within your Registered User account settings page.

11. UPLOADING CONTENT TO THE SITE

11.1 Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users on the Site, you must comply with the content standards set out in our Acceptable Use Policy Acceptable Use

11.2 You warrant that any such content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

11.3 Any content you upload to the Site will be considered non-confidential.

11.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, rights to privacy or other rights.

11.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Site.

11.6 We reserve the right to remove any content you upload or post on our site if, in our opinion, it does not comply with the content standards set out in our Acceptable Use

11.7 The views expressed by other users on the Site do not represent our views or values.

12. VIRUSES

12.1 We do not guarantee that the Site will be secure or free from bugs or viruses.

12.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

12.3 You must not misuse the Site 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 the Site, the server on which our site is stored or any server, computer or database connected to the Site. You must not attack the Site 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 co-operate with those authorities by disclosing your identity and contact details to them. In the event of such a breach, your right to use the Site will cease immediately.

13. LINKING TO THE SITE

13.1 You may link to the home page on the Site, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and provided also that any website or location from which you link complies in all respects with our Acceptable Use Policy Acceptable Use. Links to or from any other parts of the Site are not permitted without our prior written consent.

13.2 You must not:

(a) Establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Music Gateway without our prior written consent; (b) Establish a link from any website or location that is not owned by you (or operated by a third party on your behalf) unless we have given our prior written consent; or (c) Take any action, or allow any third party to take any action on your behalf, that would cause the appearance or presentation of the Site or our services as seen by users linking to the Site to be different from that seen by users who access the Site by hand-entering the applicable URL into a generally commercially available non-customised browser. You must not frame any part of the Site on any other website.

13.3 If you wish to make any use of material on the Site or if you wish to establish links other than that set out above, please address your request to us at Contact Us.

13.4 We reserve the right to withdraw linking permission without notice at our sole discretion

14. LINKS FROM THE SITE

14.1 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14.2 You should also be aware that our terms of use and policies do not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites to which you navigate from the Site or relating to any resources or applications you use or install from third party sites.

15. INTELLECTUAL PROPERTY ON THE SITE AND TRADEMARKS

15.1 We (and any identified contributors) are the owner or licensee of all IP Rights (as defined below) in, relating to and in connection with the Site, Music Gateway and our services and in the material connected with or published on the Site and including without limitation the name "Music Gateway" and our logo(s), device(s) and get up. Such IP Rights are protected by applicable treaties around the world. All such IP Rights are reserved to us and/or any identified third party contributors (as may be applicable).

15.2 For the purposes of these terms of use (and the documents referred to in them) "IP Rights" means all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals of extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

15.3 You must not use any materials or content on the Site for commercial purposes without obtaining our or the relevant licensor's or (where applicable) other user's prior written consent to do so.

15.4 If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must at our option return or destroy any physical copies of the materials or content you have made and delete any electronic copies you have made. We reserve all of our rights and remedies at law including, but not limited to, seeking injunctions or other equitable relief and/or damages for any breach of the obligations in this section.

15.5 When you upload, post or otherwise transmit content onto the Site you are making that content publicly available to other users of the Site and you do so at your own risk. While we do not claim to own any rights in any information content (which is not owned or controlled by us), uploaded, posted or otherwise transmitted by you onto the Site you hereby grant to us a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and licence to use, reproduce, modify, adapt, perform or show in public, communicate to the public, distribute, transmit, broadcast and otherwise exploit on the Site and in connection with the promotion of Music Gateway's business. Please note that any music or files which are uploaded into the secure Project Workspace area(s) are only made available to authorised Project Workers (who are Registered Users) and have been granted permission to work on that Project and access by the Project Owner.

15.6 You represent, warrant and undertake that you own or have the necessary licences, rights, consents and permissions to grant the rights granted in section 15.5 to us.

If you believe that any of your work has been copied in a way that constitutes an infringement of any of your IP Rights or that your rights have otherwise been violated, you should refer to our Copyright and Intellectual Property Policy - Reporting Infringements

16. INFORMATION ON THE SITE

16.1 Commentary, content, recommendations and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user, or by anyone who may be informed of any of its contents.

16.2 Nothing contained on, in or in connection with the Site provides or represents expressly or implicitly that any celebrity or other person endorses, recommends or uses any particular product or service and nothing contained on, in or in connection with the Site or our services should be seen as an official endorsement by any celebrity or other person.

16.3 We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

17. NOTIFICATIONS AND SERVICE MESSAGES

17.1 We may alert you to certain changes or modifications to the Site or these terms of use by placing a banner notice across the Site pages. Alternatively, notice may consist of an email from Music Gateway to the email address associated with your user account (if any) even if we have other contact information. You also agree that we may communicate with you through your Registered User account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Registered User account or services associated with Music Gateway. Please review your account settings to control what kind of messages you receive from Music Gateway.

17.2 We shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site and its services.

18. TERMINATION AND SUSPENSION

18.1 We may, at our option terminate, suspend or restrict your access to the Site or some or all of the services provided by on it without notice to you in the following circumstances:

(a) Where we consider (in our discretion) that you are misusing the Site, the services provided on the Site or other users or where you are acting in breach of these terms of use; (b) Where there is a regulatory or statutory change limiting the ability to provide access to the Site or the services on it; or (c) Where there is an event beyond our reasonable control which prevents us from providing access to the Site or the services on it.

19. DISCLAIMER AND LIMITATION OF LIABILITY

19.1 Nothing in these terms of use (or the documents referred to in it) shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

19.2 Material and content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us hereby expressly exclude:

(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. (b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or our services or in connection with the use, inability to use, or results of the use of the Site or our services, any websites linked to the Site and any materials posted on it, including, without limitation any liability for:

(i) Loss of income or revenue; (ii) Loss of business; (iii) Loss of profits or contracts; (iv) Loss of anticipated savings; (v) Loss of data; (vi) Loss of goodwill; (vii) Wasted management or office time; and (viii) Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

19.3 You will not hold us responsible for other user or third party actions or inactions.

19.4 We have no control over, do not guarantee, and you will not hold us responsible for:

(a) The quality, safety or legality of any items or services advertised or recommended; (b) The truth or accuracy of any recommendations or referrals; or (c) The truth or accuracy of any information or other content posted on the Site.

19.5 You should not assume that any items or service advertised, listed or recommended is valid and legal simply because it is advertised, listed or recommended on the Site.

19.6 We cannot confirm or be responsible for ensuring the accuracy or truthfulness of other users' purported identities or the validity of the information which they provide to us or post on the Site.

19.7 Regardless of the previous paragraphs, if we are found to be liable, our liability and the liability of other members of our group of companies, our employees, directors and third parties connected to us shall be limited in any twelve (12) month period to the greater of: (a) the total fees (if any) which you have paid to us in relation to the services provided on the Site which gave rise to the liability; and (b) £100 (one hundred pounds).

20. Indemnity

20.1 You agree to indemnify and hold our subsidiaries, affiliates, officers, agents, partners and employees harmless from any loss, liability, claim or demand (including legal fees) arising directly or indirectly from your use of the Site and/or our services, any breach or alleged breach by you of these terms or of use or any representations or warranties made by you or that you give during any application process to become a Registered User.

21. DISPUTES

21.1 You may notify us in writing of a dispute using our disputes notification form which can be requested by Email: 

21.2 You acknowledge and agree that Music Gateway is not party to contracts between Registered Users on Projects or to any dispute which may occur between users relating to any Project and that Music Gateway has no obligation to resolve any dispute.

21.3 If we are notified of a dispute we reserve the right to take such action as we deem necessary or appropriate at our discretion. This may include suspending the applicable Project and/or a Registered User's Trading Account and or reversing any Interim Payments.

21.4 If you are involved in a dispute you release Music Gateway from any and all liability relating to it including any related claims, demands, actions, losses or damages and you indemnify us and hold us and our affiliates, officers and employees harmless from and against any related claims, demands, actions, losses or damages.

22. DEMOSPACE SERVICE

Additional terms in relation to the Demospace service for Registered Users of the Site.

22.1 Registered Users may apply to use the Demospace feature to streamline the way they manage and receive demo music from individuals and companies of the public. These people may access the Demospace feature and may submit their information and music files for review and consideration to the said Registered User's Account. The Demospace feature can be activated by applied for access through a means of contacting a member of the Site's management. The Site may, at it's own sole digression authorise and/or unauthorise the Registered User to be able to access the service.

22.2 Registered Users accepted by the Site to use this feature on the service will not be charged any fee from the Site when it comes to the access and use of this Demospace feature. The Registered Users enaging in the service will actively seek to refer members of the public to their client branded landing page, which is accessible by the members of the public. The Registered User is referring these members of the public to this branding client landing page, whereby the members of the public may access the service as an applicant of the Registered User. These applicants are deemed as a referred Registered User of the Site and by accessing the service and submitting their music will jointly create a free Registered User Account on the Site. There is no fee to the applicant who may access the Demospace feature.

22.3 The Site will track the referred Registered Users Account that has engaged in the Demospace feature and pay a referral commission equal to ten percent (10 per cent) of any net fees generated by each referred Registered User for a period of twelve months (12 months) from the date of each referred Registered User joining the Site. Any commission generated will be added to the Demospace Account Holder's Registered User Account by the Site and may be provided with monthly statements outlining details of the activity of the service and any commission earned.

22.4 If an existing Registered User of the Site applies to any of the client branded landing pages for the service, then a referral will not apply and be tracked. For the avoidance of doubt, a referred user can only be deemed as a referral once during the lifetime of their Registered User Account.

22.5 For more information and details about this service, please contact the Site management for specific details and how to access the service.

23. GENERAL PROVISIONS

23.1 Any failure or delay by us in enforcing compliance with these terms of use (or the documents referred to in them) shall not be a waiver of that or any other provision.

23.2 If any provision of these terms of use (or the documents referred to in them) is deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

23.3 A person who is not a party to these terms of use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these terms of use.

23.4 No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms of use (and the documents referred to in them.

23.5 If Music Gateway provides a translation of any English language version of these terms of use (or any documents referred to in them) you agree that the translation is provided for your convenience only and that the English language version of such documents will govern your relationship with us.

23.6 Headings in these terms of use (and the documents referred to in them) are for reference purposes only and do not limit the scope of extent of this User Agreement.

24. INTERNATIONAL USE

If you access the Site from locations outside the United Kingdom you are responsible for compliance with local laws applicable to your access and use of the Site and the services.

25. GOVERNING LAW AND JURISDICTION

These terms of use (and the documents referred to in them) their subject matter and any non-contractual disputes or claims arising out of them are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales although we reserve the right to bring proceedings against you for breach of these terms of use (or any of the documents referred to in them) in your country of residence or any other relevant country in the world.

26. CONTACTING US / NOTICES

26.1 In addition to Section 17 (Notifications and Service Messages), we may also notify you via postings on www.musicgateway.net.

26.2 If you have any concerns about any information or content which on the Site or complaints about or relating to the Site, please get in touch via the Contact Us section link located at the bottom of the home page. We will endeavour to respond to any concerns and complaints as soon as practicable.

26.3 Any legal notices (including any notification of infringement of copyright or other right) to be given by you to us should be sent by Email: