1.1 – These terms and conditions replace any earlier terms in previous versions.
1.2 – By registering on the Website and making a Listing, you abide by Beyond Music’s terms and conditions.
1.3 – Find a list of definitions at the end of these terms and conditions.
2 . WEBSITE USE
2.2 – The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
2.4 – Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2. 5 – Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
2.6 – The Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2. 7 – The operator of all trademarks reproduced on the Website which are not the property of, or licensed to Beyond Music, are acknowledged on the Website.
2.8 – Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
2.8.5 – From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
2.9 – You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these terms and conditions or misuse of the Website.
3. BEYOND MUSIC’S RESPONSIBILITIES AND OBLIGATIONS
3.1 – Beyond Music provides an online platform where Tutors can offer their services to Users who have made a request for the type of service that the Tutor can offer or provide.
3.2 – If the User wishes to proceed with a Booking, the Tutor and User shall contract directly with each other in relation to the provision of the particular Service, and Users will be obliged to pay Tutors directly.
3.3 – We do not provide the Service or make any representation or warranty about Tutors, their level of competence or their ability to provide the Services, including the ability to provide Services in accordance with any particular level of expertise or quality, and we are not responsible for Users’ or Tutors’ obligations. We have no obligations regarding the provision of Services by Professionals (or any other obligations of Professionals), which remain their sole responsibility under their direct contract with Users(s). Equally, we are not responsible for any payments Users owe to the Tutors for Services provided, or for any dispute over the amount due to be paid by the User. We are not an agent or partner of any Tutor or User.
3.4 – Beyond Music will not take any responsibility if any information or text has been deleted from the Tutor’s profile. It is the Tutor’s own responsibility to ensure they have done a backup of their Listing contents.
3.5 – Beyond Music might request video-meetings or face-to-face meetings with Tutors to ensure that they live up to Beyond Music’s quality expectations. Beyond Music reserves the right to refuse, alter or amend a Listing for any reason.
3.6 – All Tutors have to go through our approval system. Beyond Music reserves the right to decline, alter or amend the Tutors’ application request, and or Listing/profile.
3.7 – Beyond Music cannot provide any warranties that Tutors will get new Students from registering/using the Website. Nor can Beyond Music provide any warranties that Users will find a suitable Tutor.
4. USERS’ RESPONSIBILITIES
4.1 – Users must be at least 18 years old in order to contact Tutors or book Services. There is no age restriction to browsing the Website.
4.2 – Users must ensure that their personal details and contact information are correct and up to date when in contact with a Tutor.
5. TUTORS’ RESPONSIBILITIES
5.1 – Tutors are not employed by Beyond Music. All Tutors listed are self employed /freelancers and are responsible for their own actions both on the Website and away from it (offline). As a self employed person the Tutors are responsible for their own tax and national insurance. Tutors must possess the legal rights to work in the UK on a self-employed basis.
5.2 – Tutors must be at least 18 years old to register on the Website.
5.3 – If the Tutors notice any technical errors on the Website, they must let Beyond Music know as soon as possible.
5.4 – Depending on their Listing type the Tutors must ensure Beyond Music is copied into all emails between them and the User/Student until the first 5 paid Lessons are booked per enquiry. See clause 6 for more details about this.
5.5 – The Tutor must be professional at all times when communicating with the Users/Students received through the website, including but not limited to communication via emails, texts messages through the Website, and in-person.
5.6. – Tutors must respond promptly to any enquiries received through the contact form embedded on their Listing/profile. Tutors will be notified by email when they receive a new message. Tutors must make sure they check their spam/junk folder in their email client for any emails from Beyond Music. Beyond Music does not take any responsibility if the Tutor have note received a message from a User or Student because the message ended up in the Tutor’s spam/junk folder in their email client.
5.7. – For BASIC and SILVER plans, any links to any other website or contact information on the profile/Listing(s) is prohibited.
5.8 – The Tutor agrees not to promote other companies, use profanity, post or promote illegal or harmful material, including but not limited to text, photos, video codes, software or post anything in breach of these terms on their profile/Listing(s) on the Website. Beyond Music reserves the right to modify, delete or ban the Tutor’s profile/Listing for any reason, without warning and with no refund.
5.9 – The Tutor is fully responsible for setting their own prices and for managing their own timetables, trial lessons, booking process, payment, invoicing of Users/Students and keeping their Listing up to date.
5.9.5 – It is the Tutor\’s responsibility to ensure the accuracy of their Listing, and that the Listing is in no way misleading or misrepresenting. Beyond Music does not give any warranties in terms of accuracy.
6. TUTOR LISTING TERMS
6.1 Basic listing: Beyond music must be copied in to all emails between the Tutor and the User until the first 5 paid lessons have been completed. It is up to the Tutor if they want to offer any discounts for their first lesson to new Students. Please note that if the Tutor offers any Lessons for free, it does not count as part of the first 5 paid Lessons. Beyond Music’s commission is as follows: 20% commission for the 5 first paid Lessons, per Student. The Tutor will be sent a monthly statement of all enquiries. The Tutor must ensure they respond promptly and let Beyond Music know which Users/Students that have made a booking with them. Failure to do so, and the Tutor will be charged a commission for 5 Lessons per enquiry.
6.2 Silver Listing: Beyond Music must be copied in to all emails between the Tutor and the User until the first 5 paid lessons have been completed. It is up to the Tutor if they want to offer any discounts for their first lesson to new Students. Please note that if the Tutor offers any Lessons for free, it does not count as part of the first 5 paid Lessons. Beyond Music’s commission is as follows: 10% commission, for the 5 first paid Lessons, per Student. The Tutor will be sent a monthly statement of all enquiries. The Tutor must ensure they respond promptly and let Beyond Music know which Users/Students that have made a booking with them. Failure to do so, and the Tutor will be charged a commission for 5 Lessons per enquiry.
6.3 Premium: For premium Tutors, Users are free to contact Tutors directly, without the need for Beyond Music’s email address to be copied in to emails. Tutors are also free to contact their Students directly without copying Beyond Music’s email address in to emails. All enquiries are commission free.
7. TUTOR FEES & REFUNDS
7.1 – Enquiry statement: Tutors with BASIC and SILVER Listing will receive a monthly enquiry statement. The Tutors must ensure they inform Beyond Music promptly which Students that booked with you.
7.2 – The commission set according to the Tutor’s Listing type will be invoiced for the 5 first Lessons per Student. After the first 5 Lessons have been completed, no more fees are payable for that Student. The commission must be paid by the Tutor within 5 working days of received invoice. A late fee of £39 plus any additional overdue interest will be added from day 6, onwards.
7.3 – Beyond Music takes no responsibility for cancellations, no shows or late show-ups. Beyond Music’s commission is non-refundable.
7.4 – Tutors must arrange their own travel. No travel expenses or other costs are covered by Beyond Music.
If Tutors have any complaints about Beyond Music’s platform, please contact Beyond Music using the contact form found here: help. Beyond Music welcomes any other feedback or comments.
9. INTELLECTUAL PROPERTY
All videos, blog posts, guides, images, infographics and all other material on the Website that Beyond Music has provided to increase the quality of Tutors and the Lessons are the property of Beyond Music. This cannot be used by any other party without Beyond Music’s consent. It cannot be sold, resold, redistributed, modified or attached on any other website in any form. If a Tutor wishes to use this material for anything else other than teaching Students found through the Website, they need to contact Beyond Music and have Beyond Music’s consent.
10. GOVERNING LAW & JURISDICTION
10.1 – These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
10.2 – If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
11. LIMITATION OF LIABILITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
12.1 – “Booking” means purchasing Lessons from Tutors registered on the Website.
12.2 – “Lesson” means tuition session between a Tutor and a Student.
12.3 – “Listing” means the Listing a Tutor has made on the Website to advertise their Services.
12.4 – “Services” means the tuition Services advertised on a Listing by a Tutor.
12.5 – “Student” means a person who has made a Booking on the Website.
12.6 – “Trial Lesson” means any lesson a Tutor provides to new Students before the first Lesson.
12.7 – “Tutor” means someone who has made a Listing on the Website.
12.8 – “User” means everyone visiting the Website who is not a Tutor, regardless of if they are using the Services or just browsing the Website.
12.9 – “Website” means the domain www.beyond-music.co.uk.