MEDWAY SOUND

terms & conditions / privacy policy

This agreement contains our Studio & Equipment Hire Terms & Conditions. These Terms & Conditions apply to all confirmed bookings and we recommend that you familiarise yourself with them before booking any of our services. Should you have any questions please contact Medway Sound directly.

Studio & Equipment Hire Terms & Conditions

Studio Hire prices are for space rental only,  the equipment listed under the appropriate  “equipment list” sections of the Medway Sound website does not form any conditional part of the booking and is made available for use as a gesture of good will. By booking studio and/or equipment hire with us you automatically agree to these terms and conditions.

Definitions 

In these conditions the following expressions have the following meanings:
“Medway Sound” Musicworx Limited trading as Medway Sound.
“the Customer” any person or firm or company dealing with Medway Sound or any servant or employee of such a person firm or company.
“Services” shall include all studio facilities and the services of assistants, technicians, operators and other personnel of Medway Sound or of any sub-contractor of the Company.
“Equipment” all studio fixtures and other equipment provided by Medway Sound or by its nominated sub-contractors.
“Studios” the premises of Medway Sound for the time being where the services and equipment are provided.

General

  1. Medway Sound will insure the Studios and Equipment against all normal insurable risks but not further or otherwise. The Customer must effect its own insurance cover against consequential loss of profit and other Risks and must effect its own cover against loss, damage or theft of any of its own equipment brought onto the studio. Under no circumstances will Medway Sound entertain any claims arising out of any failure of the Customer to effect its own insurance cover. The Customer must ensure that their Public Liability insurance is operative for all persons in the studio during the hours of use to cover any accident, injury or death.
  2. These Conditions constitute the entire contract and may not be varied otherwise than in writing signed by a duly authorised signatory on behalf of Medway Sound.
  3. Full details of the Medway Sound services and charge rates are set out in the Medway Sound Price Lists which may be varied by Medway Sound without notice.
  4. Nothing in these Conditions is intended to exclude restrict or modify liability on the part of Medway Sound resulting from negligence or otherwise unless permitted by Statute.
  5. The Customer is responsible for any breakages, loss or damage occasioned to the Equipment or the Studio caused by or arising from the Customer use thereof or by any servant agent employee or sub-contractor of the Customer.
  6. Any discounts offered on Medway Sound hires are exclusive. They cannot be combined. Except for company wide or pre-agreed discounts, the higher discount will always be applied. In the case of special offers these must be requested at time of booking, and will not automatically be applied.

Studio Hire

  • The Studio is available for use 24hrs a day.
  • The Studio may be booked via the Medway Sound website and the booking should be confirmed with payment prior to attending the premises.
  • Studio and Equipment hire bookings must be paid for in advance via our online booking system.
  • If the Customer wishes to postpone a confirmed booking this must be done at least 2 days before the hire period starts or the full studio booking cost will be lost and no refund will be provided.
  • Bookings may only be extended with the prior consent of Medway Sound, and must be booked and paid for online at the time of the extension request.
  • Customers must ensure that set up and take down time takes place within the hours booked.
  • The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by Medway Sound or by any statutory body or Local Authority.
  • The Studio is available for the exclusive use of the Customer named in the booking and the Customer is not permitted to sub-contract sub-let or otherwise permit any third party to utilise the Studio without the prior written consent of Medway Sound.
  • Any materials used in connection with sets constructed by the Customer as well as any rubbish must be removed from the Studio at the end of the hire period at the expense of the Customer 
  • No alterations, decorations or additions to the Studio are permitted without the consent of Medway Sound. At the end of the hire period the Studio must be surrendered in the same condition that it was in at the start of the hire period. Any costs incurred by Medway Sound arising out of any breach of this Condition shall be paid by the Customer.
  • The Studio is supplied clean, at the start of the hire period. All the costs of painting, repairing, and maintaining this state are payable by the Customer. Medway Sound must be notified by the Customer at the start of the hire period if any aspect of the condition or decoration of the Studio is unacceptable. If no such notification is given the studio and decoration will be determined to be of an acceptable standard for use by the Customer. 
  • The Customer must ensure that any persons under the age of 18 have parents’ or guardians’ permission to be at the studio during the period of studio hire.
  • Parking is free on site, but must not occupy any of the bays directly outside any of the neighbouring businesses. 
  • Depending on the studio space used noise/Music must be kept to a minimum during week day office hours of 9am to 5pm. Evening and weekend bookings are not limited on noise/music levels.

Hire of Services and Equipment

  • All equipment and services are supplied by Medway Sound entirely at the risk of the Customer. Medway Sound shall not be liable for loss or damage of any kind to material or props or equipment entrusted to it however caused including consequential loss and loss of profit.
  • The Customer must notify Medway Sound at the time of supply if the condition of any Equipment is not acceptable.
  • In no circumstances shall Medway Sound be liable for any loss or damage, including consequential loss, however caused arising out of the use or the inability to use the Equipment supplied or agreed to be supplied
  • The Customer may not without the written consent of Medway Sound:
    1. Remove the equipment from the Studio premises; or
    2. modify or alter or tamper with the Equipment in any way; nor
    3. use the Equipment in a manner not recommended by the Manufacturer; nor
    4. allow or suffer the Equipment to be used by any untrained or unauthorised personnel; nor
    5. part with possession sell pledge encumber or suffer any lien to be created on the Equipment.
  • Where at the request of the Customer Medway Sound supplies to the Customer the services of assistants, sub- contractors, freelancers or other persons such persons shall be deemed to be the servant of the Customer and the said services shall be deemed to be rendered by the Customer and Medway Sound shall not be liable for loss or damage of any kind however caused.
  • Medway Sound shall not be liable for any loss or damage howsoever arising out of any statement advice instruction or any other representation given or made by any servant of Medway Sound or any other person whose services are supplied to the Customer.
  • The hire period for services or Equipment cannot be extended otherwise than with the consent of Medway Sound.
  • Equipment must be returned promptly at the end of the hire period in good condition (save for fair wear and tear). The Customer shall pay or compensate Medway Sound for the replacement value of lost or damaged Equipment or in respect of any cancellation or variation of any order or failure to return the Equipment on time.
  • Equipment and services may be provisionally booked by email/website and the booking should be confirmed within 2 hours.
  • Bookings may only be extended with the prior consent of Medway Sound, and must be booked and paid for online at the time of the extension request.

Payment and Additional Charges

  1. Unless otherwise agreed in writing all transactions will be settled in agreement with Medway Sound payment terms set out in our terms and conditions before the commencement of the hire period. Authorised account holders must settle accounts within 14 days of the date of invoice. Prices may be varied without notice to the Customer.
  2. Any due amount unpaid shall be liable to interest at 8% above the Bank of England base rate.
  3. The hire charge commences when the Studio and/or Equipment is made available to the Customer whichever is the earlier and terminates when the Studio and/or Equipment is surrendered or returned to Medway Sound or the agreed hire period ends whichever is later, Medway Sound will charge for additional hire hours at the published hourly rates. Medway Sound reserves the right to make an additional hourly labour charge to cover any costs incurred by Medway Sound as the result of failure to comply with these Terms & Conditions.
  4. Any additional Equipment, services, staff or modifications to the Confirmation of Booking will be billed to and paid for by the Customer.
  5. At the end of the hire period the Customer may be charged at the discretion of Medway Sound an additional rental where the Studio or any item of Equipment is delivered to or returned to Medway Sound in a bad or damaged condition so as to preclude use or hire of the said Studio or Equipment.
  6. Where Medway Sound is required to place a security deposit with any third party for the hire of any item of equipment such deposit shall be paid to Medway Sound by the Customer when the booking is made.
  7. Medway Sound shall have a general lien on any film, media or other equipment digital or otherwise or property in the possession of Medway Sound or in the Studio premises for the payment of any monies due to Medway Sound from the Customer.

Exclusions of Liability 

Medway Sound shall not be liable to the Customer for any loss damage expense liability or for any consequential loss (including loss of profit) whatsoever or howsoever arising out of or in connection with any of the following:

  • any damage to or loss of property by the Customer or the Customers servants or agents or any third party.
  • any breakdown stoppage or failure of the facilities and Equipment provided in the Studio or any other Equipment supplied to the Customer by Medway Sound.
  • any death or injury occasioned to any Customer or servant or agent of any Customer occasioned by the use of the Studio or any Equipment unless such death or injury is directly attributable to the negligence of Medway Sound or the servants or agents of Medway Sound.
  • for any fines and/or legal costs incurred by Medway Sound or the Customer for any activity connected with the hire of the Studio or Equipment.
  • any failure on the part of Medway Sound to comply with its obligations to the Customer due to any circumstances beyond the control of Medway Sound.

Indemnity 

The Customer shall at all times keep Medway Sound indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against Medway Sound or the servants or agents of Medway Sound by any third party in respect of any alleged injury loss damage or expense arising out of or in connection with the use of the Studio or Equipment or services supplied by Medway Sound even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of Medway Sound its directors servants or agents save in respect of any death or personal injury caused by the negligence of Medway Sound as aforesaid.

Termination
 

Medway Sound may summarily terminate any hire contract with the Customer upon the happening of any of the following events:

  1. if the Customer shall fail to pay any of the monies due to Medway Sound or dishonour any cheque paid to it; or
  2. if the Customer enters into liquidation (other than for the purposes of amalgamation or reconstruction) or shall have a Receiver of its assets appointed or being an individual shall be declared bankrupt or having a Receiving order made against them;
  3. if the Customer shall be in breach of any of the terms of these Conditions and any such termination shall be without prejudice to any rights accrued to Medway Sound against the Customer prior to the date of termination.

Applicable Law 

These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Island.

Variation
 

These Terms and Conditions shall not be varied except by agreement in writing.

 

Bookings & Payment 

Bookings can be made by website and this will reserve a place on your chosen session. This must be paid in full at booking to confirm your place. Medway Sound reserves the right to re-allocate the Session to another customer if payment is not successful at booking. Failure to receive the session fees in adherence with these terms means that Medway Sound reserves the right to refuse access to the premises until payment is made.

Prices
 

The prices quoted are correct at the date of publication. Medway Sound reserves the right to adjust these prices in order to meet their sustainability targets.

Transferring/Cancelling  sessions
 

Customers cannot transfer sessions once booked. Sessions can be cancelled and rebooked up until 2 days prior to the booking date. If booking is made within 2 days of the booking date, no refunds will be given.

Refunds will not be given for non-attendance of booking.

There will be no refunds for non-attendance if a substitute person replaces the original booking delegate. Please inform Medway Sound of any changes to the original booking.

Cancellation/changes of booked sessions by Medway Sound

Medway Sound reserves the right to alter any of the booked sessions without prior notice in the case of a Force Majeure event.  Medway Sound reserves the right to cancel a session at any time without liability. In these circumstances, customers will be offered an alternative date, a credit coupon or a full refund at Medway Sound discretion.

Imagery
 

No monetary gain can be made from the images taken from any Medway Sound social media platforms or website.


Discounts and special offers
 

Any discounts offered on Medway Sound sessions are exclusive. They cannot be combined. In the case of special offers these must be requested at time of booking and will not automatically be applied.

Exclusions of Liability
 

Medway Sound shall not be liable to the Customer for any loss damage expense liability or for any consequential loss (including loss of profit) whatsoever or howsoever arising out of or in connection with any of the following:

  • any damage to or loss of property by the Customer or the Customers servants or agents or any third party.
  • any death or injury occasioned to any Customer or servant or agent of any Customer occasioned by the use of the Studio or any Equipment unless such death or injury is directly attributable to the negligence of Medway Sound or the servants or agents of Medway Sound.
  • any failure on the part of Medway Sound to comply with its obligations to the Customer due to any circumstances beyond the control of Medway Sound.
  • any injuries or damages you sustain or, or that anyone affiliated with or connected with you in any way may sustain, in connection with or resulting directly or indirectly from your attendance at any session, save where such injuries or damages arise as a result of our negligence.

Applicable Law 

This agreement shall be governed by the laws of England, Wales, Scotland and Northern Island.

Variation

These Terms and Conditions shall not be varied except by agreement in writing.

PRIVACY POLICY

Who we are

Medway Sound is a trading name of Musicworx Ltd. Company Number 12997332. Incorporated in the UK on 4th November 2020.

Our website address is: https://medwaysound.com.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

Your data remains confidential and is not shared with any third parties.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

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