By visiting nicolawritesmusic.com, you are consenting to our Terms & Conditions.
The terms “we,” “us,” and “our” refers to me at Nicola Writes Music. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The terms “services” refer to the songwriting services we provide to visitors but also refer to free information given away on our blog, as well as our subscription mailing list.
Use of Nicola Writes Music, including all materials presented herein and all online services provided by Nicola Writes Music, is subject to the following Terms & Conditions.
The Terms & Conditions applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms & Conditions, without modification, and acknowledge reading it.
Use Of The Site And Service
To access or use the facilities that the Site offer you must be 18 years of age or older and have the ability to give the authority to enter into these Terms & Conditions.
Nicola Writes Music does not accept responsibility for inaccurate information on this Site regardless of its source. Information provided on the Site and in relation to songwriting services are subject to change.
To be able to access some services offered by the Site you may be required to provide information about yourself such as your name and email address. You agree that any details you give to Nicola Writes Music will always be accurate, correct and up to date.
You must not impersonate someone else or give false information. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
The use of this Site is for lawful purposes only. All purchases made by you or by someone else acting on your behalf, you agree that you are financially responsible to do so.
You shall not post or transmit through the Site any materials which violates or infringes the rights of others, or which is threatening, vulgar, profane, and defamatory, encourages conduct of a criminal nature, give rise to civil liability, or otherwise violate any law.
Refusal Of Service
We reserve the right to refuse service without the obligation to give a reason behind this. Orders have only been officially accepted once payment has been processed after an invoice request has been sent.
We may at any time changes our services; this may include discontinuing or adding a new service.
We do not commit to providing our services for religious or political purposes, or for a matter that would be deemed controversial subject to our interpretation.
Once payment has been received you will receive an email to confirm your purchase along with details concerning your product and delivery. In the event that you do not receive this, it is your responsibility to contact us at hello[at]nicolawritesmusic.com as soon as possible. Note: replace the [at] with an @ symbol.
Cancellations & Refunds
You are not obligated to make a purchase upon receiving your quote for our services.
However, once payment has been received you cannot cancel your order if the date the work is due to start has passed. The date the work is due to start will previously be agreed upon with yourself.
If the start date has not arrived and it is within 7 days of receiving payment you shall be refunded.
We offer no refunds. This is because our service process is complex with every aspect agreed upon by you so we do not disappoint.
Our Site is aimed to be as clear and concise as possible, however, we cannot guarantee that is accurate and error-free.
In these cases such as errors with pricing, we reserve the right to refuse or cancel any orders.
Material You Submit To The Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you.
You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission.
For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights To Your Materials
We claim no intellectual property rights over the material you supply to Nicola Writes Music. You retain copyright and any other rights you may rightfully hold in any other content you submit through the Site or Service. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and Service contain intellectual property owned by Nicola Writes Music, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We reserve the right to amend and update these Terms & Conditions. Any amendments or updates will take effect immediately once published on this Site. The month and year it was updated will be shown.
Limitation Of Liability
You agree that under no circumstances shall we be liable for direct, indirect, consequential, exemplary, incidental, or any other damages arising out of your use of the Site or services.
Additionally, Nicola Writes Music is not liable for damages in connection with:
- Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure.
- Loss of revenue, anticipated profits, business, savings, goodwill or data.
- Third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
Nicolawritesmusic.com contains links to third-party websites. These websites have their own Terms & Conditions which may differ to ours. We are not responsible for the Terms & Conditions of third parties.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.
You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.
You shall not settle any third party claim or waive any defense without our prior written consent.
Effect Of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Nicola Writes Music pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us.
No waiver of any of the provisions of this Agreement by Nicola Writes Music shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Nicola Writes Music.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
- Velocity 6 Media, Nicola Writes Music, Kemp House, 152 – 160 City Road, London EC1V 2NX.
- hello[at]nicolawritesmusic.com – Note: replace the [at] with an @ symbol.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the United Kingdom as applied to contracts that are executed and performed entirely in the United Kingdom.
The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in England, United Kingdom.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree.
The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery Of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
UPDATED JANUARY 2019