Terms and Conditions

Terms & Conditions

(1) Definitions

In these terms and conditions, ‘we’ and ‘us’ mean: onemoresong.co.uk,  Newcastle Upon Tyne, NE12 8NX, UK, a partnership registered in England. ‘You’ means the person or organisation that purchases or receives goods, downloads, licences or services from us.

 

(2) General Terms & Conditions of Purchase

  • These terms and conditions apply to all agreements for the sale and or for the supply of goods, downloads, licences or services to you to the exclusion of any other terms and conditions specified by you in your purchase order or any other document. The goods, downloads, licences or services you purchase or otherwise obtain from us from us may also be subject to additional terms and conditions issued by us or displayed on our website. The specific terms and conditions relating to our licences are provided with the licence and on our website.
  • All prices quoted in sales or marketing materials including our website are subject to change and prices quoted in any conversations with our staff are subject to confirmation in writing. Prices are generally quoted inclusive of VAT if applicable.
  • Payment is required when placing the order.
  • Goods will normally be delivered by mail or courier to the address given with the order. Delivery dates, if given, are given in good faith as an indication of the estimated delivery time and are not a contractual obligation to deliver goods or to perform services at the time stated. Delivery times cannot be guaranteed.
  • The ownership of any goods, or the rights imparted by any licence, shall not pass to you until we have received full payment (including VAT where applicable) except where the goods are explicitly supplied free of charge. Risk in any goods passes to you on delivery.
  • You are responsible for the payment of any carriage charges as included on the invoice. For international orders, we are not responsible for any delays, confiscation or import duties imposed by local customs authorities. You must pay for those charges directly to the appropriate authority. If orders are not received, we may have to send your replacement order by secure courier, in which case you will be required to pay the carriage costs.
  • Due to copyright laws we are unable to offer inspection copies.
  • Our failure at any time or for any period to enforce any one or more of these terms and conditions shall not be a waiver of them or a waiver of our right to enforce such terms and conditions in the future.
  • Each of the above terms and conditions shall be read and construed independently of each other so that if one or more is held to be invalid for any reason whatsoever, then the remaining terms and conditions shall continue to be valid.
  • No amendment to or verification of these terms and conditions shall be effective unless confirmed by one of our authorised representatives in writing.
  • These terms and conditions are governed by English Law and we and you submit to the exclusive jurisdiction of the English courts.

 

(3) Returns Policy

We want you to be delighted every time you purchase from us. Occasionally though, we know you may need to return items. If you want to return items to us for any reason, please contact us in the first instance, where will be able to talk you through our returns policy. For online (non-physical) products including song downloads, PDFs & MP3s, please see Section 7.1 & 7.2 below.

  • Please ensure that you check your goods are correct, complete, undamaged and in full working order on receipt – do not wait until you are ready to use them.
  • Under the United Kingdom’s Consumer Contracts Regulations, you have the right to cancel the contract for the purchase of items within a period of 14 working days, beginning with the day after the day on which the item is delivered. However, we regret that for copyright reasons we cannot accept cancellations of contracts for the purchase of video, DVD, audio CD, CD ROM and other software products where the item is unsealed, nor for software products delivered online or by other electronic means.
  • If you wish to cancel your purchase contract with us and return your items, please contact us. We will then confirm whether you are able to return your items.
  • If we agree to a return, we will refund the value of the product returned, but will not normally refund the original postage charge, unless the items were faulty, damaged, incorrect, or fall within Consumer Contracts Regulations.
  • Unless we delivered the item to you in error or the item is faulty, you will need to pay the delivery charge for returning the goods to us. Please ensure that they are well packaged in order that we receive them in the condition in which they were received, as we reserve the right to offer only a partial refund on items that are returned damaged or soiled. We recommend that you use a recorded delivery service or obtain a certificate of posting, as we can only give refunds for goods we actually receive. If we do not receive the item back from you, we may arrange for collection of the item from you at your cost.
  • If you receive a product that is damaged or not working, please notify us immediately by email or phone. We will send you a replacement product free of charge, along with a pre-paid returns label to return the damaged product to us so that we can investigate the reasons for the damage or inoperability.
  • If you receive an incorrect product from us as a result of our error, please notify us immediately by email or phone. We will send you the correct product free of further charge.

 

(4) Payment Options

Payments made at the time of ordering can be made by debit or credit card securely on our website.

(5) Photocopying, Projecting & Reproduction

You are free to use all of the material – including songs and resources – in the classroom for teaching purposes.

Photocopying of the published material is permitted under schools’ copying licences issued by PMLL, CLA and CCLI.

UK state schools should report when requested any:

  – copying of the lyrics and music on their Schools Printed Music Licence (SPML) returns

Schools that do not have a CLA or SPML licence may under the terms of a onemoresong.co.uk Standard Performance Licence:

  • Make up to 2 photocopies or printed copies of the Leaders Lyrics for learning purposes.
  • Make up to 2 photocopies or printed copies of the music score for use by participating musicians on the performance dates.
  • Reproduce the song lyrics on printed paper, e.g. for programmes, to project the lyrics or to display the lyrics electronically, to make transparencies for overhead projection and to display the lyrics on a touchscreen, interactive whiteboard or other type of screen. The following credit should be included with the lyrics: ‘Reproduced by kind permission © onemoresong.co.uk’

Important: If the songs are used in a school assembly then photocopying, printing, displaying or projecting the lyrics or music score are covered by the school’s CWCL and CWMRL licences issued by CCLI.  Usage of the songs should be logged and reported as required by CCLI.

(6) Performances and Adaptations

  • If you are using our music for classroom teaching or for school assemblies where members of the public are not present you do not need to obtain a performance licence from us. Please note that schools should log the use of our songs for assemblies as required by their CWCL and CWMRL licences issued by CCLI.
  • A performance licence is required by law for the performance of any work involving drama, movement or spoken dialogue (eg a musical or a nativity). For convenience we issue affordable performance licences. A Standard Performance Licence can be purchased individually and are offered on a per song basis.
  • Performances of songs to an audience other than pupils and staff (eg concerts or class assemblies) are covered by the school’s PRS licence. If you do not have a PRS licence we can issue you with our own affordable licence.
  • Song lyrics must not be changed without our written permission.


(7.1) The Licence Holder’s Rights for Song Pack Purchases – Where a ‘Standard Performance Licence’ is Held

In granting the following rights, no other rights are deemed to have been granted.

Where the licence holder is an establishment (eg a school, a church or a nursery) the licence grants the holder the following rights for Song Packs that have been purchased:

Use of Downloaded Lyric and Sign Songs
   (i) Downloading song files to more than one computer / device belonging to the establishment
   (ii) Downloading song files to the establishment’s network for access via any device belonging to the establishment
   (iii) Downloading song files to a teacher’s home computer or mobile device for preparation purposes only
   (iv) Displaying the song lyrics during concerts / performances
Please note that the playing of the audio files (songs or backing tracks) during public performances requires a PRS Licence

Use of MP3s
   (viii) Burning copies of MP3s onto CD for on-site use (limit 3 copies)
   (ix) Saving MP3s to devices belonging to the establishment
   (x) Saving MP3s to the establishment’s network for access via any device belonging to the establishment
   (xi) Copying MP3s to the establishment’s computer music library (eg iTunes)
   (xii) Saving MP3s onto a teacher’s own computer at home for preparation purposes only
   (xiii) Using MP3s on teacher’s personal / mobile devices at home for preparation purposes only
   (xiv) Playing MP3s (songs or backing tracks) during concerts / performances
Please note that the playing of the audio files (songs or backing tracks) during public performances requires a PRS Licence

Use of PDFs
   PDFs may be used for all teaching purposes
   Printing and photocopying the music score or lyrics is covered by the school’s SPML licence (or overseas equivalent)
   Printing and photocopying other parts of the songbooks are covered by the school’s CLA licence (or overseas equivalent)
   Printing and photocopying the lyrics for use in assemblies or church are covered by CCLI licences
   Printing and copying should be logged and reported as required by each of the licence issuers
Schools that do not have SPML, CLA or CCLI licences may print or photocopy up to two copies of the music score for performance or learning purposes under the terms of this Digital site Licence

School’s Intranet / Restricted Internet / Learning Platform
   (xv) Uploading of audio files and Lyric and Sign files / PDFs for use in school
   (xvi) Installation and uploading of audio files and Lyric and Sign files for use in performance
   (xvii) Uploading of audio or video files of children performing songs

Public Websites (including school’s website, YouTube, Facebook, Vimeo, SoundCloud etc)
   (xviii) Uploading of audio or video files of children performing songs (onemoresong.co.uk must be credited, plus inbound link to onemoresong.co.uk must be provided). 
Please note that OneMoreSong’s original recordings may not be posted to public websites except as an accompaniment to the children singing. 

 


(7.1.2) The Licence Holder’s Rights – Single Song Purchases Only

In granting the following rights, no other rights are deemed to have been granted.


Where the licence holder is a school, church or nursery:


The licence grants the holder the following rights for single songs that have been purchased:

  • To play the purchased and downloaded song(s) on any number of computers or mobile devices on the premises of the purchasing establishment that holds the licence.
  • To play the downloaded song on a computer or mobile device belonging to one nominated member of staff not on the premises of the purchasing establishment for the purposes of preparation of lessons or assemblies.
  • To print one master copy of the lyrics, the music score and the teaching ideas.  Additional copies may be photocopied from the master copy but these must be logged on the school’s photocopying licence return.


Where the licence holder is an individual:


The licence grants the holder the following rights for single songs that have been purchased:

  • To play the purchased and downloaded song(s) on a computer or mobile device at any location where the individual is working.
  • To play the downloaded song on a computer or mobile device belonging to the individual.
  • To print one master copy of the lyrics, the music score and the teaching ideas.


(7.1.3) The Licence Holder’s Obligations

The licence will remain in force subject to the following obligations being undertaken by the licence holder and/or the user of the software on behalf of the licence holder, subject to no infringement or violation having been committed:

  • If you hold a CCLI Licence (Christian Copyright Licensing International), the use of all songs must be logged on your annual CCLI report.
  • Where the songs are performed in front of an invited audience the appropriate performance royalty payments must be made.

Most schools have an arrangement with the PRS (Performing Rights Society) through their local authority. Organisations that do not have such an arrangement should contact onemoresong.co.uk directly.

(7.1.4) Restrictions

It is the licence holder’s responsibility to ensure that no restrictions are violated whether by its employees, its associates or any other individual.

The following acts are strictly forbidden:

  • Making any copy any of the programs or applications, to any media whether for private use or public use – with the sole exception of the installation rights detailed above.
  • Broadcasting any of the contents of the programs or applications by any means.
  • Forwarding any of the programs or applications by any means.
  • Lending the programs or applications to any other party than the staff members of the licence holder.
  • Selling or transferring the programs or applications to any other party.
  • Selling, transferring or disposing of any computer or storage device on which the programs or applications in part or in whole are installed or are stored or on which access privileges to the programs or applications exist.
  • Modifying any program, or application, whether for individual use, public use, or financial gain.
  • Using any of the computer code or programming to create new programs or applications.

(7.1.5) Licence Issuer’s Rights

We reserve the right to revoke the licence without recompense, without prior notice and at its own discretion if the licence holder is deemed to have failed to observe any of the obligations or restrictions listed above, or any other copyright restrictions.

  • All other licence requirements relating to the use, reproduction or performance of our products remain the same. You are still required to log the use of our songs on your annual CCLI report, declare copies made of our digital songbooks on your MRL report, and obtain licences for public performances.

(7.2) Other Digital Downloads including PDF & MP3

  • Other digital products purchased and downloaded from our website cannot be cancelled or refunded once downloading has commenced, so please be careful to choose the correct product. Our download services commence immediately when you click on the link to download a product from our site and you will not have the right to cancel your contract once the services commence. By commencing the download service, you are agreeing that your cancellation period has ended. If you have received an unacceptably poor download, you must tell us as soon as possible by emailing susan.sinclair@onemoresong.co.uk.
  • When purchasing PDF & MP3’s, no refund can be made for the associated product package purchased with the digital download. If elements of the product package are damaged or inoperable on receipt, they will be replaced free of charge.
  • The MP3 song files and PDF songbooks may be placed on a school network and shared for educational purposes with pupils and staff within a single establishment. However, the MP3 song files and PDF songbooks may not be placed on a parent portal or internet that is accessible beyond the single establishment and may not be shared with any other school or group. Sharing song files beyond your school network could constitute illegal file sharing and be a breach of copyright law.
  • All other licence requirements relating to the use, reproduction or performance of our products remain the same. You are still required to log the use of our songs on your annual CCLI report, declare copies made of our digital songbooks on your MRL report, and obtain licences for public performances

(8) Data Protection

Your trust is important to us and we at onemoresong.co.uk take your privacy very seriously. We treat information provided by you with the utmost care and take appropriate steps to protect your data. Please see our Privacy Policy  for more details.

(9) Scope of This Agreement

This is the entire agreement between onemoresong.co.uk and you relating to the goods, downloads, licences or services and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the goods, downloads, licences or services.


If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms.


onemoresong.co.uk
Newcastle Upon Tyne, NE12 8NX.