By Purchasing of goods from this Website means you agree to the following Terms & Conditions of Online Sales (the " Terms & Conditions of Online Sales").
If you do not agree with these terms, as stated below, you should leave this Website (“musiconhold.com.au") immediately, not use the files herein, nor subscribe, nor purchase from this Website.
This Website, musiconhold.com.au, is owned, hosted and operated by Business Music & Voice Pty Ltd ACN 002 749 457 (hereafter collectively, "Music & Voice")
The below Terms & Conditions of Online Sales apply to all transactions related to the purchase of all Products (“the Products”) by you (“ the Customer”) from Music & Voice.
Music & Voice has taken careful measures to develop web material in accordance with current standards and accepts no liability for the guarantee or safety of information provided across the Internet.
Music & Voice is committed to our client’s privacy.
We respect and protect the privacy of the personal information of individuals we deal with.
Music & Voice does not give outside organisations the right or permission to view and/or use our client database.
We will not sell or disclose personal information to other organisations, for marketing purposes.
Music & Voice will forward personal information to service providers where required in order to facilitate transactions, Business Insurance or where obligated by Australian or International Laws.
This Site contains copyright protected music and productions (collectively the "Content") which is owned by Music & Voice. All Music & Voice Productions remain under Music & Voice’s copyright protection.
It is illegal to duplicate, download or distribute any Content from this Site except for your use, and you are subject to the Per Location Authorisation. You may not use any Content in any other manner, nor for any other use, unless by express permission by Music & Voice other than for a single Location’s Music On Hold.
Any Content downloaded by you from this Site, including, without limitation, any files, are sold by our Per Location Authorisation to you by Music & Voice. You may not redistribute or sell the content.
Downloading the Content does not transfer title of the Content, or any intellectual property rights therein, to you. Unauthorised copying or usage is strictly prohibited and will be dealt with legally.
To read more about our music and your authorisation & usage permission see below Point 3.
If you would like to use our music for other applications please contact us on 02 8999 1400.
3. Per Location Authorisation
A full Lifetime exemption of Annual APRA / PPCA On Hold Licences is granted to each physical location our Content resides on. You must purchase a per Location Authorisation to qualify.
A Location is each and any extra Office, Warehouse, Retail Shop etc or any additional PBX or Voice Server.
For music only Content a Music Track or Loop is required to purchased, each time changes are requested.
For voiced promotional Content (MOH-Promo), a Location Authority (MOH-AUTH) is required for every location that requires a copy of the MOH-Promo, each time changes are requested.
An MOH-EDIT can also be purchased for Locations requiring a variation to the MOH-Promo, each time changes are requested.
If there are no Content changes requested, no further charges are incurred.
Under no circumstances will we verify Locations that have not been added lawfully, via our website.
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Music & Voice without deduction or demand, within the approved term as advised by Music & Voice or in the absence of a term approved by Music & Voice, payment must be made up front.
Online Prepaid Credit Card Transactions are over E-Way secure site and will not be used for any other purpose other than for the immediate online purchase with which they are used.
Your Credit Card details are NOT kept, nor stored.
5. Default in Payment
If The Customer defaults in payment to Music & Voice, then:
(a) The Customer shall pay to Music & Voice, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
(b) All moneys owing by the company to Music & Voice become due and payable forthwith without demand, and
(c) Music & Voice may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full.
Any quotation made by Music & Voice is not an offer to sell, and no order given in pursuance of any quotation shall bind the company unless otherwise agreed in writing, all orders are subject to acceptance by Music & Voice within seven (7) days of receipt by Music & Voice of the Customer’s offer.
7. Delivery for Online Purchases
** Digital Download**
Digital music and studio productions purchased on line will be made available for immediate download from the web site after an approved Credit Card transaction.
Music & Voice shall not be held responsible for files downloaded and not located.
All Music On Hold Players, Accessories and Storage Media ( the “Hardware’) purchased Online, will be shipped with 7 Days via Australia Post.
We will advise you within two (2) working days of any goods not available for immediate delivery.
We will arrange delivery at the expense of the Customer.
Cost for delivery of Hardware will be included in all Online Purchases.
8. Customer Collection
To arrange Customer Collection Music & Voice must be notified 14 days in advance.
We will advise you within two (2) working days of any goods not available for immediate delivery.The Customer in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and it shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from Music & Voice's premises.
Goods must be collected from our premises at Warehouse 5, 80 Wentworth Park Rd Glebe NSW 2037
(a) Music & Voice shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than
expressly imposed by stature in terms of which it is not possible to limit or exclude liability.
(b) Music & Voice expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
10. Access to Customer accounts
The Customer authorises Music & Voice to make enquiries at any time, and from time to time, to a credit report agency relating to the Customer’s individual account should it be required.
11. Provision of credit
The provision of credit and/or the continued provision of credit by Music & Voice to the Customer from time to time, shall be in the absolute discretion of Music & Voice.
(a) Music & Voice may at its absolute discretion extend credit to the Customer;or
(b) Extend and/or continue to extend credit to the Customer subject to the provision of security in a form acceptable to Music & Voice; or
(c) May at any time vary or cancel the credit facility available to the Customer
(d) Credit account must have Music & Voice Guarantee in place
11. Differences and Complaints
Music & Voice shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises Music & Voice in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
The failure or neglect by Music & Voice to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of Music & Voice’s rights hereunder, nor in any way effect the validity of the whole or any
part of the terms and conditions of sale, nor prejudice Music & Voice’s right to take subsequent action.
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms of conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
14. Governing Law
Music & Voice and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of NSW.
For Terms & Conditions of Returns & Warranty Please click here