Terms for work carried out by Born Musicians
(Born Musicians is a trading name of Michael Palmer Music Ltd).
These are our standard terms of business and will apply to all the work Born Musicians carry out from the date you engage our services in writing via letter or email.
Our work for you:
We will agree the work which we will carry out for you and we will set this out in a quotation prior to commencing work.
So that we can carry out our work for you, you will at your own expense supply us with all necessary documents or other materials, data and other information within a sufficient time. You will retain duplicate copies of all the documents and other materials you give us and insure against its accidental loss or damage. We will have no liability to you for any loss or damage to such documents and materials.
Our quotation/s will set out our fees for the work we agree to carry out for you. We may charge our fees in one of two ways.
1) Phased payment
If we require phased payments we will set this out in our quotation. We will invoice you on the achievement of agreed milestones or agreed dates during the execution of the project, and then on the completion of our work for you.
2) Payment on completion
We may agree to invoice you only on the completion of our work for you. If the nature or the extent of the work we are to do for you changes, we may submit a revised specification to you. The revised specification may include an additional fee.
We may vary our fees from time to time by giving you not less than one month’s notice.
You agree to pay each of our invoices within 30 days of their issue date. If any invoice is unpaid after 30 days we reserve the right to suspend our work for you and to charge interest on the outstanding amount at a rate of 1% above the Bank of England Base Rate for each month (or part of a month) it remains unpaid.
Any amendment or cancellation you request will be implemented by us only on the understanding that you will be responsible for any costs or expenses incurred prior to or as a result of the cancellation or amendment, and which cannot be recovered by us.
The copyright in all of the work we produce, both in publishing and master rights shall rest with us unless transferred to you or a third party by separate written agreement. You will always be privy to such agreements.
We regard all correspondence with you as confidential and will not share with any third party briefing information, emails, letters or any details of the work we are doing with you without prior written consent from you.
You shall indemnify and keep indemnified us from and against any and all proceedings, claims, damages, losses, expenses or liabilities which we may incur or sustain as a direct or indirect result of or in connection with any information, representation, reports, data or material supplied, prepared or specifically approved by you particularly in relation to proceedings under the Trade Descriptions Act 1968. Such material to include press releases, articles, copy, scripts, artwork and detailed plans or programmes.
We will always supply you with music that is 100% clear of any third party interest in both the publishing and master copyrights. We will indemnify you from all claims by third parties for the infringement of publishing and master copyrights. Where you have commissioned us to create a copyright that has a similar sound to an existing copyright we will, at your expense, engage the services of a musicologist to certify that our work is not infringing on any other copyright.
If you request us to undertake a re-record of an existing copyright we will only proceed upon written conformation from you that you have obtained the necessary rights for us to do so. If these rights have not been properly obtained you will be held liable for any proceedings, claims, damages, losses, expenses or liabilities that result.
We reserve the right to vary these terms and conditions on giving you notice of such variations in writing.
These terms and conditions shall be governed by the laws of England and the parties submit to the jurisdiction of the courts of England.