Website Terms of Sale - Online Music Teaching (B2C)
These Website Terms of Sale - Online Music Teaching (B2C) are designed for professional music tuition of any musical instrument to an adult or a minor (i.e. any person under 18). All of the tuition under the terms and conditions of this document is through the provision of both online streamed sessions which are live (one way or two way) or recorded (one way) and downloadable background and other materials. All of this tuition is made available in return for a single Subscription payment.
Where the music student is an adult, the agreement will be with the student, but if the student is a minor, the agreement will instead be with the student’s parent/guardian. If the student is a minor, then specific provisions in this template take account of that fact.
This template does not specify which type of musical instrument is to be taught, but it is suitable for teaching any instrument. Where the instrument is a piano, or is an electric instrument (e.g. electric guitar) or is a drum kit, suitable optional additional provisions are included in an attachment to the main body of the terms and conditions. The attachment can also be adapted for any other type of instrument.
This template provides that, for video streaming, the music teacher and the student will use a cloud-based web conferencing platform (such as Zoom). Most of the provisions specifically relating to use of a video streaming platform are in the attachment. If a platform other than Zoom is to be used, the attachment can easily be adapted as necessary.
The music teacher may be a self-employed individual (sole trader), in which case he/she will contract personally on these terms and conditions with the student or their parent/guardian. However, where the teaching provider is a company or partnership which engages a music teacher to provide the teaching, it will contract with the student or their parent/guardian. In each case the student or their parent/guardian will be contracting as a consumer, not a business client.
This document provides for the Subscription to cover single or multiple video sessions (i.e. the music lessons) and the accompanying downloadable background and other text/graphics/images.
Each video streamed session may be in any of the following formats:
(a) Live private one-to-one lesson which only one student can access. It is “two way” so that the teacher and student can see, hear and talk to each other. This lesson can be tailored to the needs of the particular student;
(b) Pre-recorded teaching session capable of being accessed at any time/s by one or more students. Its nature is such that it is a “one way” event with no communication between student and teacher. This allows a student to access the lesson on demand whenever it is convenient to him/her;
(c) Live “one way” lesson (where no student can communicate with the teacher or any other student). This can be accessed by one or more students at the same time. If the live lesson is also recorded by the teacher, it can then also be made accessible for students as a lesson as outlined at "(b)" above;
(d) Live group class where a number of students access it at the same time and it is “two way” so that students can, in real time, see, hear, and be seen and heard by the teacher, and, if the teacher permits, each other. (The teacher will probably want to limit the students who can have access on each occasion to a number which is manageable if, during the course of the lesson, the teacher needs or expects to have substantial interaction with students in the online class).
These Terms of Sale anticipate that everything that the teacher sells on these terms via its website will be provided online only. No tangible items such as books (or other materials) in paper form (e.g. sheet music), musical instruments, accessories, CDs, or DVDs will be supplied on these terms. This document is only suitable for online music tuition. For music teaching in person at the teacher’s premises or student’s home, not online, please see the Music Teacher Agreements.
Under these Terms of Sale, the student or their parent/guardian has to set up an Account before purchasing any music lessons. He/she can do so without charge and without committing to purchase any content. They can then purchase a Subscription comprising video sessions and other materials offered on your website.
Each Subscription provides access to a relevant lesson on a specific date (if live) or during a stated period (if pre-recorded) as well as to the background and other materials. The sessions, dates and periods in each case should be defined on your website in an appropriate place and confirmed in the student’s or their parent/guardian’s order details.
These Terms of Sale guide the student or their parent/guardian through the order process, explaining the formation of the contract between you and them for the Subscription, also setting out details about the content and its availability and provision, pricing, payment, and licensing.
Particular attention should be given to descriptions when selling content. This should be reflected in the definition of “Paid Content” and elsewhere in these terms and also in the information available on the website or given to a student or their parent/guardian before they sign up for a Subscription.
Cancellation rights are addressed in detail in the terms, including the 14-day cooling off period granted to consumers under the 2013 Consumer Contracts Regulations.
Further key provisions deal with liability, customer complaints (with reference to complaints handling policies and procedures, templates for which are also available from Simply-Docs), contact information, and data protection.
This template applies only to the sale of content, leaving the terms governing the use of the website itself to a separate document.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
These Website Terms of Sale - Online Music Teaching (B2C) contain the following clauses:
Background
1. Definitions and Interpretation
2. Information About Us
3. Contacting Us
4. Age Restrictions and Consumers only
5. Business Customers
6. Subscriptions, Paid Content, Pricing and Availability
7. Orders – How Contracts are Formed
8. Payment for Subscriptions
9. Provision of Paid Content
10. Licence
11. Problems with the Paid Content
12. Cancelling Your Subscription
13. Your Other Rights to End the Contract
14. Our Liability to Consumers
15. Complaints and Feedback
16. How We Use Your Personal Information (Data Protection)
17. Other Important Terms
18. Law and Jurisdiction
Attachment:
1. Use of [Zoom][Other online service delivery platform] web-conferencing platform to access musical instrument tuition online
2. The technology that We will be responsible for providing
3. The technology and other items that You will be responsible for providing
4. Scope of what We make available to access
5. Account setup needed
6. Your responsibility for Your Account and its security
7. Your privacy and security on each occasion when tuition is accessed
8. Health and Safety
9. Music teachers, [and] professional references [and DBS]
10. Scope of Our teaching – interactive sessions
11. Student’s commitment
12. Provision of instruments and other items by the Student
13. Tips for the Student
14. [Instrument requirements for a piano Student]
15. [Instrument requirements for a drumkit Student]
16. [Instrument requirements for a Student of any other type of instrument]
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