Definitions
Symphony Arrangements; Symphony We or us.
Symphony Arrangement An accompaniment product produced by us for use privately or professionally.
Customer You and your.
Consumer A customer who purchases products for use outside of his trade, business or profession.
Products Licensed use of recordings on a digital delivery medium and all included packaging.
Conditions The terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us. These do not in any way affect statutory rights.
Studio time Fees and expenses paid by Symphony during the creation of Symphony recordings. This also involves fees for artists and equipment hire.
The Terms
The following terms apply to the purchase of all Symphony Products:
The purchase of a Symphony product involves the transfer of title for the delivery medium (CD etc.) and any necessary packaging in addition to the relevant usage license - the title to the recording is not included in the sale and remains with Symphony. The title to the music and/or lyrics remain with the relevant rights holder(s).
Wherever goods are supplied on a physical delivery medium (CD or minidisc) as opposed to digital transfer over the internet, such media is guaranteed against manufacturing defects to function within its normal capabilities for a period of three months from delivery. Damage is not covered within this warranty.
The copyright of the recordings is owned by Symphony. Other copyrights relating to the music and lyrics remain with their rightful owners. Recording rights are issued by the Mechanical Copyright Protection System (MCPS). All rights reserved.
Usage of the product is bound strictly by the terms of the accompanying license. Unauthorised hiring, renting, public performance (other than within the terms of the licence) and broadcasting of this record is strictly prohibited.
Duplication of any Symphony recordings is strictly prohibited unless otherwise authorised by us.
Liability of licensing performances remains strictly with the customer. This is an express condition of purchase and independent of the recording usage licence issued. For more information, please contact the Performing Right Society (www.prs.co.uk).
The price of the goods does not include delivery by us to you. The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence.
As it is possible to preview and trial the products directly from our website (with the exception of bespoke recordings), no right of cancellation is granted once the order has been placed. We may cancel your order at your request but any transaction fees incurred from our merchant services will be deducted from the reimbursement. Once goods are despatched orders cannot cancelled under any circumstances - this also applies to products delivered over the internet.
Symphony reserve the right to cancel the order for any reason. Should we be unable to supply the goods to you, we may also cancel the agreement at any time before the goods are delivered by giving notice to you. In such cases we shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
The following terms apply to all purchases of a Symphony Arrangement:
This professional product is subject to extended licence conditions. Rights may be granted at our discretion only on the disclosure of performance details including dates, venue and capacity (transferable up until the first performance). The standard licence allows usage in venue with a capacity of < 700 for up to eight performances within a single 14-day period. Extensions and/or amendments can be made to this licence agreement to meet your requirements - please contact us for more details.
Duplication of any demonstration recordings is permitted for the purpose of learning the material. One copy of a single recording may be made per performer. Duplication of the backing track is NOT permitted for this purpose.
A single duplicate of the backing track is permitted either to back up the original supplied for the purpose of safeguarding the performance or to change the recording medium (eg. transfer to cassette / minidisc / hdd rip) for performance - this includes the transfer of electronically delivered goods onto a physical disc.
Any duplicates must be erased / destroyed upon completion of the show and liability in this regard lies with the customer.
The responsibility for adequate performance licensing lies strictly with the customer and we recommend that you consult any potential venues in this regard. ***This also includes performance licensing clearance for live performance of recorded music***. Symphony's liability lies solely in ensuring the right to create the recording and allowing the customer to use its product publically where suitable licensing is provisioned.
The following terms apply to all purchases of bespoke products:
As with other products, the purchase is for the licence and delivery medium. Any recordings and arrangements remain under the ownership of Symphony. This is also the case with recordings of newly-composed material in which case the ownership of the copyright for the music is also the property of Symphony.
In the case of bespoke products, we shall endeavour to create material suitable for performance and to the standard of our other products in accordance with your specifications wherever possible. Occasions may arise where changes must be made to allow the track to be used in performance (eg. Change of endings from fade-outs, adaptation of a cappella sections). In such cases we will consult for your approval.
With bespoke products, an agreement is made at the point of purchase which cannot be retracted. We will endeavour to adapt to your requests should key / tempo / structure changes be required but charges may be applied as necessary to cover studio time.
Orders for bespoke products cannot be cancelled by the customer. We may from time to time cancel by mutual agreement but charges may have accrued from studio time already used and such charges will be passed on to the customer. In the case of a large bespoke order of many musical pieces, payment will be due on all completed works calculated on a pro-rata basis in addition to any charges from the current unfinished work.
The license issued with bespoke products will be arranged at the point of purchase. Any changes to this license can only be made by Symphony and may involve further charges depending on the nature of the change.
For licensing purposes, bespoke products are licensed as a 'Symphony Arrangement'.
Law and Juristiction
This contract is subject to the law of England and Wales. All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.