Dated January 2019
This Website, musiconhold.com.au, is owned, hosted and operated by Business Music & Voice Pty Ltd ACN 002 749 457 (hereafter collectively, “BMV”)
By Purchasing of goods from this Website means you agree to the following Terms & Conditions of Sales (the ” Terms & Conditions of Sale”).
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.
The below Terms & Conditions of Sale apply to all transactions related to the purchase of all Products (“the Products”) by you (“the Customer”) from BMV.
“Products ” means all digital music (including customised compositions and sound recordings), original digital files, or any copies thereof, or any other music product protected by copyright by BMV and any hardware or media accessories, (including Compact Discs, Flashcards, USBs, Power Cables and Line Isolation Units).
“Content” means copyright protected music and productions owned by BMV
1.1 BMV is committed to our client’s privacy. We respect and protect the privacy of the personal information of individuals we deal with.
1.2 BMV does not give outside organisations the right or permission to view and/or use our client database.
1.3 We will not sell or disclose personal information to other organisations, for marketing purposes.
1.4 BMV will forward personal information to service providers where required in order to facilitate transactions, Business Insurance or where obligated by Australian or International Laws.
1.5 BMV 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.
2.1 All digital Product remains under BMV’s copyright protection and ownership.
2.2 It is illegal to duplicate, download or distribute any Content from this Site except for your use,
2.3 You may not use any Content in any other manner, nor for any other use, unless either paid for or by express permission by BMV.
2.4 Any Content downloaded by you from this Site, including, without limitation, any files, are sold by to you by BMV. 2.5 You may not redistribute or sell the Product.
2.6 Unauthorised copying or usage is strictly prohibited and will be dealt with legally.
2.7 Downloading the Product does not transfer title of the Product, or any intellectual property rights therein, to you.
2.8 You shall not copy, broadcast without authorisation, reproduce, sell, offer for sale, mortgage, pledge, sublet lend or otherwise deal with the Goods or any part thereof or with any interest therein or to create any lien over the Goods or attempt, purport or agree to authorise any person to do such things. If you wish to change the Usage Permission to include permission to use Audio for you or other uses such as online, power-point or radio ads for example, please contact us for rates.
2.9 Each Content file exempts only one Location from APRA & PPCA Annual On Hold Licences.
If additional locations are required, please complete an “Add Location” form to avoid a copyright breach.
A per Location transaction must be made granted exemption for Annual Broadcast Licencing.
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.
2.10 Copying is only permitted when a Location Authority (MOH-AUTH) has been purchased for each Location.
2.11 Under no circumstances will we verify Locations that have not been added lawfully, via our website.
- Digital Grant of Rights.
3.1 BMV grants the Customer a perpetual, non-exclusive, non-transferable, non-sublicensable right to use the Content for purposes as purchased. All digital Products must be downloaded within 30 Days of the date of purchase.
3.2 The Customer without obtaining the prior written consent of BMV and the payment of additional Fees: is not permitted to edit, modify or alter the digital Product without expressed written permission by BMV.
3.3 The Customer may store the digital Product in a digital library, network configuration or similar arrangement to allow the digital Product to be accessed by employees of Customer.
- Additional Charges
4.1 Additional once-off charges apply for:
(i) the Customers total volume of company-wide VOIP Extensions being served our digital Product
(ii) the Customers total volume of each physical Location that receives our media accessory and digital Products
(iii) the Customers total volume of Audio Formats required if different from the download default formats of Wav22khz and Mp3
5. Optional Charges
5.1 Optional once-off charges apply for:
(i) the Customers total volume of optional media uses/purposes
5.1 BMV provides a confirmation of purchase/s PDF stating why an exemption from annual Music On Hold licences, issued by APRA & PPCA, can be granted.
5.2 To qualify for an Exemption, all physical Locations or digital Extensions using the product/s must be disclosed.
6.1 The Customer may not falsely represent, expressly or impliedly, that Customer is the original creator of digital Product
6.2 Defamatory or otherwise unlawful use of digital Product is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter.
6.3 If the digital Product is reproduced on a website, Client shall post terms and conditions on the website that include restrictions on downloading the Content.
7.1 All Prices are exclusive of 10% GST
7.2 Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to BMV without deduction or demand, within the approved term as advised by BMV or in the absence of a term approved by BMV, payment terms is prepaid.
7.3 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.
7.4 Your Credit Card details are NOT kept, nor stored.
- Default in Payment
8.1If The Customer defaults in payment to BMV, then:
(a) The Customer shall pay to BMV 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 BMV become due and payable forthwith without demand, and
(c) BMV 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.
9.1 Any quotation made by BMV 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 BMV within seven (7) days of receipt by BMV of the Customer’s offer.
9.2 Any quotation made by BMV is strictly valid for 30 days from the date quoted.
- Customised Productions
10.1 Pre- Production: Once formal approval to proceed with drafting your On Hold script has been received, you will be asked to select your music track. BMV will then submit recommended voice over for your agreement. A final written Script, Music & Voice Approval is required to schedule your customised production into the next available recording session. Unless otherwise agreed, all BMV customised productions are with either Male or Female voice over.
Additional charges for both Male & Female voices may apply.
10.2 Post-Production: Changes to Approved Scripts (including script errors, re-wording, adding or removing scripts) after recording attract Edit-Fees.
10.3 Scripts cancelled during this process attract Cancellation-Fees.
10.4 Voice overs: Force Majeure applies whereby we cannot guarantee the same voice over, nor future availability of any voice over. In the event of Force Majeure, we shall make all responsible effort to immediately notify you of its occurrence and its effects and, subject to availability, provide the next available voice over to complete customised production.
10.5 Script size is based on approximately 40 words per spot or per file.
11.1 Digital Product purchased online will be made available for immediate download from the web site after an approved Credit Card transaction.
BMV shall not be held responsible for digital Product downloaded and not located.
11.2 Deliveries within Australia for all Music On Hold Players, accessories and storage media Products 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 Product will be included in all Online Purchases. BMV is not responsible for any delays caused by third party delivery.
If you would like to insure physical delivery of Product, you must contact BMV to arrange insurance by telephoning 02 8999 1400 or emailing email@example.com.
11.3 Deliveries Overseas will be charged according to the size and weight of the order.
Please contact us directly to arrange insurance by telephoning 02 8999 1400 or emailing firstname.lastname@example.org.
12. Returns & Refunds
12.1 All digital Product purchases are final. Returns & Refunds are not permitted on generic or customised digital product.
12.2 A 30-Day Money Back Guarantee applies to Music On Hold Players and media storage such as Compact Discs, Flashcards and USBs. All goods must be received in working condition to apply for Money Back guarantee.
Please contact us to discuss by telephoning 02 8999 1400 or emailing email@example.com.
12.3 All transit costs related to Return Goods are to be covered by customer.
12.4 If you need to return any goods, you must contact us by telephoning 02 8999 1400 or emailing firstname.lastname@example.org to advise you will be sending the goods back and to be issued with a Case #
12.5 When returning goods you must include the following: All of the product and its parts; All the of the packaging; A copy of the Invoice/Receipt; Your completed Return Claim Form with issued Case # clearly stated.
12.6 Any Goods received, that are not playing our music will not be eligible for refund.
12.7 On inspection of the goods, you will be notified if a refund will be issued.
Business Music & Voice Pty Ltd
PO Box 80 BERRY NSW 2535
13.1 All physical Product comes with either a 1-year Return-To-Base Warranty (“MOH-DP700”) or a 2-year Return-To Base Warranty (“MOH-DP400”)
13.2 All consumable items such as media storage Compact Discs, Flashcards, USBs are not covered under warranty.
13.3 Any goods returned under Warranty that are found in working condition will attract a bench test fee.
13.4 BMV will not accept goods for return without a completed Return Claim Form.
Goods returned without a signed Return Claim Form are not accepted. Please contact us send you a Return Claim Form by telephoning 02 8999 1400 or emailing email@example.com
13.5 Any Goods returned under Warranty, that are not playing our music, will be tested with our Product only
14.1 BMV 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.
14.2 BMV expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
- Access to Customer accounts
15.1 The Customer authorises BMV 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.
- Provision of credit
16.1 The provision of credit and/or the continued provision of credit by BMV to the Customer from time to time, shall be in the absolute discretion of BMV, and is limited to a maximum of net 30 days.
16.2 Credit will only be granted to approved and agreed BMV Account applicants.
16.3 BMV may at its absolute discretion extend credit to the Customer; or
(a) Extend and/or continue to extend credit to the Customer subject to the provision of security in a form acceptable to BMV; or
(b) May at any time vary or cancel the credit facility available to the Customer
(c) Credit account must have BMV Guarantee in place
16.3 BMV reserves the right to charge Late Payment Fees
- Differences and Complaints
17.1 BMV shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises BMV 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.
18.1 The failure or neglect by BMV to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of BMV’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 BMV’s right to take subsequent action.
19.1 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.
- Governing Law
20.1 BMV and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of New South Wales, Australia.