TERMS OF SERVICE

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Definitions

“DSM” shall mean David Simpson Music it’s successors and assigns or any person acting on behalf of and with the authority of David Simpson Music.

“Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any enrolment form, quotation, work authorisation or other form as provided by DSM to the Customer.

“Services” shall mean all Services supplied by DSM to the Customer and includes any advice or recommendations.

“Price” shall mean the price payable for the Services as agreed between DSM and the Customer in accordance with clause 4 of this contract.

“Student” shall mean the individual whom directly receives music lessons provided by DSM.

“Payable Term” shall mean all divisions of time for which services provided by DSM may be paid for.

“Special Cases” shall mean circumstances that prevent specific sections of this agreement from being adhered to (as deemed to be the case by DSM).

“Catch-up Lesson” shall mean lesson that did not occur and may be re-scheduled in accordance with the terms and conditions contained herein.

“Unfulfilled Lesson” shall mean scheduled lesson(s) that cannot be provided by DSM due to the cancellation of DSM’s services by either party.

 

Acceptance

Any instructions received by DSM from the Customer for the supply of Services and/or the Customer’s acceptance of Services supplied by DSM shall constitute the acceptance of the terms and conditions contained herein.

Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

Upon acceptance of these terms and conditions by the Customer, the terms and conditions are binding and can only be amended with the written consent of DSM.

 

Delivery of Services

Lessons will be conducted at the Student’s home on weekdays (not including public holidays) at scheduled times.

All lessons will be either 30 minutes or 60 minutes in duration, and will be provided by DSM directly to the Student.

Lessons begin and end on time. No extra time will be given if the Student arrives to their lesson late.

For the purposes of Student concentration, no observers, other than one parent/guardian, are permitted at any time during lessons.

If the Student is unable to attend their lesson, DSM is required to be notified of the Student’s absence before 9.00am on the day of the scheduled lesson. 

If DSM is notified of the Student’s absence before 9.00am on the day of the scheduled lesson, a Catch-up Lesson will be scheduled (at a mutually acceptable time, date, and premises for both the Student and DSM) at no extra cost to the Customer. 

If DSM is not notified of the Student’s absence before 9.00am on the day of the scheduled lesson, a Catch-up Lesson will not be scheduled and no refund will be provided by DSM.

Catch-up Lessons not scheduled by the end of the coinciding Payable Term will become invalid, and no refund will be provided by DSM to the Customer. Catch-up Lessons are not transferable between two (2) or more Payable Terms. This clause does not apply in cases where DSM is unable to attend a scheduled lesson.

If DSM is unable to attend a scheduled lesson, the Customer will be notified before 9.00am on the day of the scheduled lesson, and a Catch-up Lesson will be scheduled (at a mutually acceptable time, date, and premises for both the Student and DSM). 

At the sole discretion of DSM allowances may be arranged in Special Cases of Student absence, and any detail(s) of the ‘Delivery of Services’ section of this agreement may be disregarded in such cases.

The failure of DSM to deliver any Services shall not entitle either party to treat this contract as repudiated.

DSM shall not be liable for any loss or damage whatsoever due to failure by DSM to deliver any Services promptly or at all.

 

Price and Payment

At DSM’s sole discretion the Price shall be as indicated on invoices provided by DSM to the Customer in respect of the Services provided.

DSM reserves the right to change the Price.

The due date for payment for the Services will be stated on the invoice. If no time is stated then payment shall be due three (3) days before the Services are scheduled to commence.

Payment will be made by credit card, direct deposit, or cash paid directly to DSM, or by any other method as agreed to between the Customer and DSM.

No refunds will be made outside of the terms and conditions herein.

GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

 

The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)

Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

 

Title

DSM and the Customer agree that ownership of the Services shall not pass until:
(a) the Customer has paid DSM all amounts owing for the particular Services; and
(b) the Customer has met all other obligations due by the Customer to DSM in respect of all contracts between DSM and the Customer.

Receipt by DSM of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then DSM’s ownership or rights in respect of the Services shall continue.

 

Intellectual Property

Where DSM has designed, drawn or written documents for the Student and/or the Customer, then the copyright in those designs and drawings and documents shall remain vested in DSM, and shall only be used by the Student and/or the Customer at DSM’s discretion.

The Customer warrants that all instructions to DSM will not cause DSM to infringe any patent, copyright, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify DSM against any action taken by a third party against DSM in respect of any such infringement.

The Customer agrees that DSM may use any documents, designs, drawings, or goods created by DSM for the purposes of advertising, marketing, or entry into any competition.

 

Cancellation of Service

DSM may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Customer. On giving such notice DSM shall repay to the Customer any sums paid in respect of the Price. DSM shall not be liable for any loss or damage whatsoever arising from such cancellation.

In the event that the Customer cancels delivery of Services the Customer shall be liable for any loss incurred by DSM (including, but not limited to, any loss of profits) up to the time of cancellation.

If the Customer cancels a contract to which these terms and conditions apply, fourteen (14) days of notice must be given to DSM before the cancellation of Services will take effect. Any of DSM’s Services that are scheduled to be provided within the fourteen (14) day cancellation notice period will be provided by DSM as the agreement will still be in effect. All of the terms and conditions contained herein will continue to apply throughout the fourteen (14) day cancellation notice period. DSM will provide a refund for any Unfulfilled Lessons that remain between the date of the cessation of DSM’s Services and the end of the applicable Payable Term.

The fourteen (14) day cancellation notice period does not apply if DSM is notified of the Customer’s cancellation request between the dates of the end of a Payable Term and the start of the successive Payable Term.

At the sole discretion of DSM allowances may be arranged in Special Cases regarding the cancellation of DSM’s Services and any detail(s) of the ‘Cancellation of Service’ section of this agreement may be disregarded in such cases.

 

Customer’s Disclaimer

The Customer hereby disclaims any right to rescind, or to cancel any contract with DSM outside of the terms and conditions herein, or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by DSM and the Customer acknowledges that the Services are bought relying solely upon the Customer’s skill and judgement.

 

General

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.

DSM shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by DSM of these terms and conditions.

In the event of any breach of this contract by DSM the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Services.

DSM reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which DSM notifies the Customer of such change.

Neither party shall be liable for any default due to any act of terrorism, war, strike, lock-out, industrial action, fire, flood, or other event beyond the reasonable control of either party.

The failure by DSM to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect DSM’s right to subsequently enforce that provision.