BACKGROUND:
These Terms set out the terms under which Paid Content, accessed via Subscriptions, is sold by Us to business customers such as schools through this website, www.singeducation.co.uk (“Our Site”) and accessed via an online platform (“the Platform”). Please read these Terms carefully and ensure that you understand them before purchasing a Subscription. You will be required to read and accept these Terms when ordering a Subscription. If you do not agree to comply with and be bound by these Terms, you will not be able to purchase a Subscription and access Paid Content through Our Site and the Platform.
Definitions and Interpretation
1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;
“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;
means copyright (and related rights), designs, patents, trade marks, and all other intellectual property rights that may exist in the Paid Content or anything created or produced as part of the Paid Content. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant);
“Intellectual Property Rights” means any content (including text, graphics, images, audio, and video) comprising any session of teaching, tutoring, mentoring or other form of learning or instruction, or other course materials or information or materials which We offer. The sessions and other information or materials are sold by Us through Our Site and made available by Us on the Platform by means of:
- two way synchronous livestream audio and/or video technology, e.g. Zoom, Google Meets, GoToMeeting, Teams, WebEx;
- asynchronous livestream video and/or audio;
- recorded streamed non downloadable video and/or audio; and
- downloadable (or other viewable) text, graphics, video, audio, curriculum plans, lesson plans, music or other items or information.
“Paid Content” Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any teacher(s) or tutor(s) presenting any content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other individual(s) who is suitably qualified and experienced;
“Subscription” means a subscription to Our Site and the Platform providing access to
Paid Content;
“Subscription Confirmation” means Our acceptance and confirmation of your purchase of a Subscription;
“Subscription ID” means the reference number for your Subscription;
“Teachers(s)” means any person or persons employed or engaged by you for the purpose of providing music related educational services to pupils at your establishment; and
“We/Us/Our” means Sing Education Limited , a company registered in England under 09211960, whose registered address is 10 Towerfield Road, Shoeburyness, and whose main trading address is St Luke’s House, 270 Sandycombe Road, TW9 3NP.
Information About Us
2.1 Our Site, www.singeducation.co.uk, is owned and operated by Us and you can find our company details
above.
2.2 Our contact details are at Clause 14 of these Terms.
3. Access to and Use of Our Site and the Platform
3.1 Access to Our Site and the Platform is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site and the
Platform.
3.3 Access to Our Site and the Platform is provided “as is” and on an “as available” basis. We may alter,
suspend or discontinue Our Site or the Platform (or any part of it) at any time and without notice. We will
not be liable to you in any way if Our Site or the Platform (or any part of them) is unavailable at any time
and for any period.
3.4 Use of Our Site is subject to Our Website Terms of Use www.singeducation.co.uk/termsofuse. Use of the
Platform is subject to its terms of use www.classroom.singeducation.co.uk/termsofuse. Please ensure that
you have read them carefully and that you understand them.
4. Business Customers and Consumers
4.1 These Terms apply to business customers only (including schools and other education providers). These
Terms do not apply to individual consumers purchasing Paid Content for personal use (that is, not in
connection with, or for use in, their trade, business, craft, or profession) and the Paid Content is not
recommended for personal use. Please contact us to discuss options if you are a consumer who wishes to
access the Paid Content.
4.2 These Terms constitute the entire agreement between Us and you with respect to your purchase of
Subscriptions and Paid Content from Us. You acknowledge that you have not relied upon any statement,
representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these
Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent
misstatement based upon any statement herein.
5. Subscriptions, Paid Content, Pricing and Availability
5.1 We may from time to time change Our prices. Changes in price will not affect any Subscription that you
have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you
of any change in price at least 30 days before the change is due to take effect. If you do not agree to such
a change, you may cancel the Contract as described in sub-Clause 11.1.
5.2 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in
relevant laws and regulatory requirements, best practice, or to address technical or security issues. These
changes will not alter the main characteristics of the Paid Content and should not normally affect your use
of that Paid Content. However, if any change is made that would affect your use of the Paid Content,
suitable information will be provided to you.
5.3 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of
it as provided to you before you purchased your Subscription to access the Paid Content. Please note that
this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
5.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going
online. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.9
regarding VAT, however).
5.5 If We discover an error in the price or description of your Subscription after your order is processed, We
will inform you immediately and make all reasonable efforts to correct the error. You may, however, have
the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to
cancel the Contract, please refer to sub-Clause 11.4.
5.6 Prices on Our Site are shown exclusive of VAT. If the VAT rate changes between your order being placed
and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the process of purchasing a Subscription. Before completing your purchase,
you will be given the opportunity to review your order and amend it. Please ensure that you have checked
your order carefully before submitting it.
6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as
soon as possible. If We are unable to process your order due to incorrect or incomplete information, We
will contact you to ask to correct it. If you do not give Us the accurate or complete information within a
reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We
will not be responsible for any delay in the availability of Paid Content that results from you providing
incorrect or incomplete information.
6.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a
Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is
indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
6.4 Subscription Confirmations shall contain the following information:
6.4.1 Your Subscription ID;
6.4.2 Confirmation of the Subscription ordered including full details of the main characteristics of the
Subscription and Paid Content available as part of it;
6.4.3 Fully itemised pricing for your Subscription including, where appropriate, taxes, and other
additional charges;
6.4.4 Number of Teachers covered by the Subscription; and
6.4.5 The duration of your Subscription (including the start date, and the expiry and/or renewal date).
6.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in
writing. No payment will be taken under normal circumstances. If We have taken payment any such sums
will be refunded to you.
6.6 Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14
calendar days of the day on which the event triggering the refund occurs.
6.7 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing
your Subscription.
7. Payment
7.1 Payment for Subscriptions must always be made in advance. Your chosen payment method will be
charged when We process your order and send you a Subscription Confirmation and not more than 90
days before each renewal date.
7.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except
where any deduction or withholding of tax is required by law).
7.3 We require payment for Subscriptions to be made by bank transfer on the terms of the invoice issued by
us for the Subscription.
7.4 If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. For
more information, please refer to sub-Clause 8.4. If you do not make payment within 30 days of Our
reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
8. Provision of Paid Content
8.1 Paid Content appropriate to your Subscription will be available to you and the Teachers included in your
Subscription within 14 days of Us sending you a Subscription Confirmation and will continue to be available
for the duration of your Subscription (including any renewals), or until the Contract is otherwise ended. In
the 14 days following the Subscription Confirmation We will arrange an onboarding session with your
nominated representative before the Paid Content becomes available.
8.2 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for
one or more of the following reasons:
8.2.1 To fix technical problems or to make necessary minor technical changes, as described above in
sub-Clause 5.2;
8.2.2 To update the Paid Content to comply with relevant changes in the law or other regulatory
requirements, as described above in sub-Clause 5.2; or
8.2.3 To make more significant changes to the Paid Content, as described above in sub-Clause 5.3.
8.3 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.2, We
will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend
availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which
case We will inform you as soon as reasonably possible after suspension). If the suspension lasts (or We
tell you that it is going to last) for more than 30 days you may end the Contract as described below in sub-
Clause 11.2.
8.4 We may suspend provision of the Paid Content if We do not receive payment on time from you. We will
inform you of the non-payment on the due date, however if you do not make payment within 30 days of
Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due
from you. If We do suspend provision of the Paid Content, We will inform you of the suspension. You will
not be charged for any Paid Content while provision is suspended.
9. Licence and Intellectual Property Rights
9.1 When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-
transferable, non-sublicensable licence to access and use the relevant Paid Content for educational
purposes within the school/business that you operate for the number of pupils that you have purchased a
Subscription for. The licence granted to you does not give you any rights in Our Paid Content (including
any material that We may licence from third parties).
9.2 The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or
permissions:
9.2.1 (Subject to clause 9.2.3) You may not copy, rent, sell, publish, republish, share, broadcast or
otherwise transmit the Paid Content (or any part of it) or make it available to the public except as
permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation
to Copyright Works’).
9.2.2 When You or any Teacher use the Platform, any material provided via the Platform or any two
way livestream facility to access a Paid Content item or event You and the Teacher must not
communicate or make accessible such content to any other person or organisation; and
9.2.3 You may download resources from the Paid Content that are marked for download to use within
your school or educational establishment for the purpose of providing music lessons.
9.3 All Intellectual Property Rights including any related work that is used, developed or produced in relation to
the Paid Content, shall belong solely to Us (or Our licensors).
10. Ending Your Subscription
10.1 You may cancel your Subscription at any time, however subject to sub-Clause 10.2 and Clause 11 (outlining
your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will
continue to have access to the Paid Content for the remainder of your current Subscription (up until the
renewal or expiry date, as applicable), whereupon the Contract will end.
10.2 If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation in
writing. Cancellation by email or by post is effective from the date on which you send Us your message.
10.3 At the end of your Subscription, your access to Paid Content will end and any use of material downloaded
as Paid Content during your Subscription is expressly prohibited. You may be required to return all such
material to us and/or sign a statement to confirm that you are not making any further use of any Paid
Content after the end of your Subscription.
11. Ending the Contract Because of Something We Have Done (or Will Do)
11.1 You may end the Contract at any time if We have informed you of a forthcoming change to your
Subscription or the Paid Content (as described in sub-Clauses 5.1 or 5.3), or to these Terms that you do not
agree to. If the change is set to take effect or apply to you before the end of your current Subscription, We
will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will
not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end
of that Subscription period and you will continue to have access to the Paid Content until that date.
11.2 If We have suspended availability of the Paid Content or availability of the Paid Content is delayed for
reasons outside of Our control for more than 30 days, or We have informed you that We are going to
suspend availability for more than 30 days you may end the Contract immediately, as described in sub-
Clause 8.3. If you end the Contract for this reason, We will issue you with a pro-rated refund equal to the
remaining time left in the Subscription before the suspension of availability commenced.
11.3 If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation in
writing in any way you wish.
11.4 Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar
days of the day on which you inform Us that you wish to cancel.
11.5 Refunds under this Clause 11 will be made using the same payment method that you used when purchasing
your Subscription unless you specifically request that We make a refund using a different method.
12. Our Liability
12.1 Subject to sub-Clause 12.3, We will not be liable to you, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for
any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection
with any contract between you and Us.
12.2 Subject to sub-Clause 12.3, Our total liability to you for all other losses arising out of or in connection with
any contract between you and Us, whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, shall be the total sums paid by you for an annual Subscription under the contract in
question.
12.3 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our
negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent
misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by
law.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay
results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to:
power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties,
riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism
(threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war),
epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If an event outside of Our control continues for more than 30 days either party may cancel the Contract by
giving notice in writing. Any refunds due to you as a result of that cancellation will be paid to you as soon
as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled
and will be made using the same payment method that you used when ordering your Subscription unless
you specifically request that We make a refund using a different method.
14. Communication and Contact Details
14.1 If you wish to contact Us for whatever reason in relation to your Subscription, you may contact Us by
telephone at 0203 856 9800, by email at help@singeducation.co.uk or by post at Sing Education Limited, St
Luke’s House, 270 Sandycombe Road, TW9 3NP.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions
of the Data Protection Legislation and your rights thereunder.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but
not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of
your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our
Privacy Policy https://www.singeducation.co.uk/privacypolicy/
16. Non-Solicitation
16.1 You shall not at any time when a Contract is in place with Us or for a period of 12 months after its
termination or expiry, employ or contract the services of any person who is or was employed or otherwise
engaged by us in relation to the provision of the Paid Content or solicit or induce any such person to
terminate their contractual relationship with Us.
16.2 If you breach clause 16.1 above you shall be liable to pay Us an introduction fee equivalent to 25% of the
annual remuneration you have agreed with the person who has joined your business from Us.
17. Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms (and under the Contract, as
applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will
be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under
these Terms will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as
applicable) without Our express written permission.
17.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any
way and no such person or party will be entitled to enforce any provision of these Terms.
17.4 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any
court or other authority, that / those provision(s) shall be deemed severed from the remainder of these
Terms. The remainder of these Terms shall be valid and enforceable.
17.5 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived
that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any
subsequent breach of the same or any other provision.
17.6 We may revise these Terms from time to time in response to changes in relevant laws and other
regulatory requirements. If We change these Terms as they relate to your Subscription, We will give you
reasonable advance notice of the changes and provide details of how to cancel if you are not happy with
them (also see sub-Clause 11.1 above).
18. Law and Jurisdiction
18.1 These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be
governed by, and construed in accordance with, English law.
18.2 Any disputes concerning these Terms, the relationship between you and Us, or any matters arising
therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive
jurisdiction of the courts of England and Wales.
