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12 March 2010

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Title	First name	Last name
Address Line 1	Address Line 2	Town
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Organisation
Supporting comments
Terms and Conditions Terms and Conditions for the use of the CMH Diary Service Musicians Terms Definitions “CMH Diary Service” shall mean the service provided by HVL on the Site “Employment Agency” shall have the meaning defined in the Employment Agencies Act 1973 “Employment Business” shall have the meaning defined in the Employment Agencies Act 1973 “Engagement” means the contract for services between the Event Organiser and the Musician “Event Organiser” shall mean a person who is responsible for hiring Musicians for the Event, whether the actual organizer of the Event or a person acting on his behalf or for a person or organization previously contracted by the Event Organiser “Event” shall mean the musical event for which the Event Organiser is seeking to find Musicians “Fair Use policy” shall mean HVL’s Fair Use policy annexed to these terms and conditions “Fee” shall mean the fee for the time being payable by the Musician for the use of the CMH Diary Service “Musician” shall mean any Musician who has subscribed to be a member of the CMH Diary Service “Personal Information” “Profile” shall mean the information provided by the Musician and detailing • “Registration Details” shall mean the personal and other information provided by the Musician or Event Organiser while registering on the Site or for the CMH Diary Service as the case may be. “Site” shall mean the ClassicalMusicHomepage web site “Third Party” shall mean any person other than HVL the Musician and the Event Organiser These terms are additional to the General Terms and Conditions. By viewing the CMH Site and using the various services which are available, the user is deemed to consent to the General terms and conditions and the following terms and conditions which apply to the CMH Diary Service and/or to services and information provided by third parties. Description of Service HVL has developed the CMH Diary Service to enable Musicians who are subscribers to the CMH web site to create a profile of themselves, maintain an electronic diary identify the conditions to which their employment may be subject determine which of such information, including the dates on which they are available, is disclosed to the Event Organiser receive emails and texts from the Event Organiser concerning the Engagement for the Event and specifying the material details to communicate with the Event Organiser to raise and resolve queries which may arise accept or reject the Engagement share diary information with colleagues to facilitate the arrangement of rehearsals and other collective activities. share diary information with colleagues to facilitate the arrangement of rehearsals and other collective activities. Event Organisers to specify the material information about the Event, the number and type of Musicians required and the material terms of the Engagement to search the database of Musicians and identify Musicians which match their particular selection criteria who are available on the required date(s) for the Event to communicate booking information to the available Musicians via email and text messages to address queries which may arise to monitor acceptance or rejection responses from the Musicians live online HVL’s Diary Service is a premium subscription service for Musicians The Musician acknowledges that the Diary Service operates as a venue only. HVL does not operate as an Employment Agency or Employment Business. the Musician and the Event Organiser contract with each other for the Engagement as principals and on the terms and conditions agreed between them for the Event and without any reliance whatsoever, on any representation express or implied by HVL The Diary Service will enable the Musicians and Event Organisers to communicate with each other by email and/or SMS text to the email addresses and mobile numbers provided at the time of Registration, as amended from time to time. HVL does not however guarantee the availability of such telecommunication links and accepts no responsibility if they are unavailable or fail to operate as intended. HVL will endeavour to support as many users as possible. The browsers and Operating systems supported are shown below, If your browser is not supported, you may still be able to access the CMH Site, but you may encounter some display problems. Policy Browser Supported Browsers IE5.5, IE6, IE7, Firefox Supported Operating systems Macintosh, Windows (32 bit), Linux HVL will also require Musicians and Event Organisers to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in their browser. HVL disclaims all liabilities arising as a result of the incompatibility of the Site or its applications with any of the user's equipment, software or telecommunications links; Payment terms The CMH Diary Service is available to Musicians, who are CMH subscribers, on payment of the Diary Service fee. (“the Fee”). The Fee is payable quarterly in advance by Direct Debit on Credit or Debit Card. The Fee is inclusive of VAT and all other taxes. HVL may vary the Fee from time to time and will advise the Musicians by email of such variations. The Fee for the time being will be shown on the CMH Site. Musicians’ Obligations The Musician shall pay HVL, in accordance with the payment terms (see clause 2 above), the Fee on a timely basis. shall ensure that the personal information provided in the Profile is and remains accurate in all material respects and is not likely to mislead Event Organisers and others likely to place reliance upon it. shall keep contact details provided to HVL up to date and advise HVL of any other changes in the Registration details shall keep the Musician’s online diary up to date to show the Musician’s availability for the time being. In doing so the Musician should make proper provision for all other commitments and associated travel time. authorises HVL to disclose to the Event Organiser the personal information contained in the Profile and the Registration Details. agrees to use personal information disclosed in connection with the use of the Diary Service only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for Diary Service Purposes and other purposes to which another user expressly agrees Shall, before accepting any Engagement, ensure that the Musician has made reasonable enquiry about the Event and the Event Organiser; is aware of all material terms of the Engagement; and is certain of his/her availability; inform the Event Organiser of any circumstances which may arise which prevent compliance with the terms of the Engagement or attendance at the Event as soon as the Musician becomes aware of such circumstances. keep confidential all passwords received from HVL for the purpose of the services and notify HVL immediately upon becoming aware that a password has become known to an unauthorised Third Party. not to do anything which may adversely affect the reputation of HVL. The Musician acknowledges that the Event Organiser is solely responsible for the information about the Engagement and the Event and The Musician shall indemnify and hold HVL harmless in the event of any dispute between the Musician, the Event Organiser and/or HVL arising out of or in connection with the Engagement or the Event. HVL reserves the right to request references for the Musician HVL’s Obligations [to be completed using info from Hosting Terms and Conditions] Business Hours Subject to the General Terms and Conditions, the Diary Service is available for use 24 hours a day 7 days a week HVL provides technical support during normal office hours from Monday to Friday. Our aim is to provide an email response within 24 hours of notification of the problem Entire Agreement The Terms and Conditions supersede any other terms and conditions between HVL and you in respect of your subscription to the Site and the use of any services provided by HVL. Severability If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable then to the extent that such term is illegal, invalid or unenforceable and only to that extent, (with the intent that such term shall be enforced to the maximum extent possible,) it shall be severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. Notices Any notice or other document which you wish to send to HVL may be sent by first class post to HomepageVentures Limited, 55 Albemarle Street London W1S 4BD, or by electronic mail to admin@homepageventures.com or by facsimile +44 (0)20 8786 7601. HVL will send notices invoices and other documents to you by first class post, or by electronic mail or facsimile in accordance with the Registration details. Third Party Rights Nothing in these Terms and Conditions shall be taken as granting any rights expressly or impliedly whether contractual or statutory to persons other than HVL and you, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise Jurisdiction/Governing law The content of the Sites is developed for and directed at users within the United Kingdom. These Terms and Conditions shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts Terms and Conditions for the use of the CMH Diary Service Event Organiser Definitions “Engagement” means the contract for services between the Event Organiser and the Musician “CMH Diary Service” shall mean the service provided by HVL on the Site “Employment Agency” shall have the meaning defined in the Employment Agencies Act 1973 “Employment Business” shall have the meaning defined in the Employment Agencies Act 1973 “Event Organiser” shall mean a person who is responsible for hiring Musicians for the Event, whether the actual organizer of the Event or a person acting on his behalf or for a person or organization previously contracted by the Event Organiser “Event” shall mean the musical event for which the Event Organiser is seeking to find Musicians “Fair Use policy” shall mean HVL’s Fair Use policy annexed to these terms and conditions “Musician” shall mean any Musician who has subscribed to be a member of the CMH Diary Service “Personal Information” “Profile” shall mean the information provided by the Musician and detailing • “Registration Details” shall mean the personal and other information provided by the Musician or Event Organiser while registering on the Site or for the CMH Diary Service as the case may be. “Site” shall mean the ClassicalMusicHomepage web site “Third Party” shall mean any person other than HVL the Musician and the Event Organiser These terms are additional to the General Terms and Conditions. By viewing the CMH Site and using the various services which are available, the user is deemed to consent to the General terms and conditions and the following terms and conditions which apply to the CMH Diary Service and/or to services and information provided by third parties. Description of Service HVL has developed the CMH Diary Service to enable Musicians who are subscribers to the CMH Site to create a profile of themselves, maintain an electronic diary identify the conditions to which their employment may be subject determine which of such information, including the dates on which they are available, is disclosed to the Event Organiser receive emails and texts from the Event Organiser concerning the Engagement for the Event and specifying the material details to communicate with the Event Organiser to raise and resolve queries which may arise accept or reject the Engagement share diary information with colleagues to facilitate the arrangement of rehearsals and other collective activities. Event Organisers to specify the material information about the Event, the number and type of Musicians required and the other material terms of the Engagement to search the database of Musicians and identify Musicians which match their particular selection criteria who are available on the required date(s) for the Event to communicate booking information to the available Musicians via email and text messages to address queries which may arise to monitor acceptance or rejection responses from the Musicians live online HVL’s Diary Service is free to Event Organisers. The Event Organiser acknowledges that the CMH Diary Service operates as a venue only. HVL does not operate as an Employment Agency or Employment Business. the Musician and the Event Organiser contract with each other for the Engagement as principals and on the terms and conditions agreed between them for the Event and without any reliance whatsoever, on any representation express or implied by HVL The Diary Service will enable the Musicians and Event Organisers to communicate with each other by email and/or SMS text to the email addresses and mobile numbers provided at the time of Registration, as amended from time to time. HVL does not however guarantee the availability of such telecommunication links and accepts no responsibility if they are unavailable or fail to operate as intended. HVL will endeavour to support as many users as possible. The browsers and operating systems supported are shown below, If your browser is not supported, you may still be able to access the CMH Site, but you may encounter some display problems. Policy Browser Supported Browsers IE5.5, IE6, IE7, Firefox Supported Operating systems Macintosh, Windows (32 bit), Linux HVL will also require Musicians and Event Organisers to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in their browser. HVL disclaims all liabilities arising as a result of the incompatibility of the Site or its applications with any of the user's equipment, software or telecommunications links; Event Organisers’ Obligations The Event Organiser shall keep its contact details up to date and advise HVL of any changes in the Registration details shall ensure that the information provided in respect of the Engagement and the Event is accurate in all material respects and is not likely to mislead those placing reliance upon it. authorizes HVL to disclose to the Musician the personal information contained in the Registration Details of the Event Organiser agrees to use personal information disclosed in connection with the use of the Diary Service only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for Diary Service Purposes and other purposes to which a user expressly agrees. shall make reasonable enquiry to satisfy him/her self about the competence and capability of the Musician for the Event shall keep the Musician informed of any changes to the details of the Engagement or the Event shall make the Musician aware of any circumstances which may arise which may prevent the happening of the Event. keep confidential all passwords received from HVL for the purpose of the Services and notify HVL immediately upon becoming aware that a password has become known to an unauthorised Third Party. not to do anything which may adversely affect the reputation of HVL Use the information derived from the HVL Musicians’ Diary Service database only for the purpose of identifying available Musicians for the Event. The Event Organiser may not supply, sell or license material from the Musicians’ database, or a copy of it, to any other person, including another member of your group of companies. Download the Musicians’ database through any automated (e.g. "scraping") process. Contact the Musicians on the Musicians’ Diary Service database or make or allow any use of the information about the Musicians, other than for the purpose of finding suitable Musicians for the Event. The Event Organiser warrants that he is authorized to act for the purpose of offering the Engagement to the Musicians to perform at the Event. The Event Organiser warrants that at the time of offering the Engagements to the Musicians for the Event, the funds for payment of the Musicians and other expenses of the Event are assured. The Event Organiser acknowledges that the Musician is solely responsible for the content of the Musician’s Profile and for information about the Musician’s availability for the Event. the Event Organiser contracts directly with the Musician as a principal and without reliance upon any representation of HVL express or implied. The Event Organiser shall indemnify and hold HVL harmless in the event of any dispute between the Musician, the Event Organiser and/or HVL arising out of or in connection with the Engagement or the Event. HVL reserves the right to request references for the Event Organiser. HVL reserves the right to suspend the use if the CHH Diary service or to make the Event Organiser pay reasonable charges for such service if usage of the CMH Diary Service by such Event Organiser is seen to be excessive in comparison with other comparable users. Such right shall be exercised after notice concerning the alleged excessive use and discussion about possible solutions. HVL’s Obligations Business Hours Subject to the General Terms and Conditions, the Diary Service is available for use 24 hours a day 7 days a week HVL provides technical support during normal office hours from Monday to Friday. Our aim is to provide an email response within 24 hours of notification of the problem Entire Agreement These Terms and Conditions supersede any other terms and conditions between HVL and you in respect of your subscription to the Site and the use of any services provided by HVL. Severability If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable then to the extent that such term is illegal, invalid or unenforceable and only to that extent, (with the intent that such term shall be enforced to the maximum extent possible,) it shall be severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. Notices Any notice or other document which you wish to send to HVL may be sent by first class post to HomepageVentures Limited, 55 Albemarle Street London W1S 4BD, or by electronic mail to admin@homepageventures.com or by facsimile +44 (0)20 8786 7601. HVL will send notices invoices and other documents to you by first class post, or by electronic mail or facsimile in accordance with the Registration details. Third Party Rights Nothing in these Terms and Conditions shall be taken as granting any rights expressly or impliedly whether contractual or statutory to persons other than HVL and you, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise Jurisdiction/Governing law The content of the Sites is developed for and directed at users within the United Kingdom. These Terms and Conditions shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts
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