BandCentral

BandCentral Ltd Terms & Conditions

The following Terms and Conditions govern the BandCentral website, Service and products. Upon registering with and using the BandCentral website, Service and products, you (the “User”) agree to the following Terms and Conditions (and any amendments thereafter) under which BandCentral operates.
While the User is using the BandCentral website, Service and products they are bound by the then current Terms and Conditions. These Terms and Conditions could be subject to change without prior notification to the User. An up to date copy of the Terms and Conditions will always be available online at www.bandcentral.com/terms

BandCentral reserves the right to terminate or suspend a User’s Account without prior notification if in breach of any of the terms below.

Definitions

The BandCentral Service

BandCentral provides the User with a internet cloud web based band management, promotion and sales software tool (the “BandCentral Service”). The functionalities will vary depending on the access the hero user has selected. More functions and features will be added to the software over time.

To ensure the User is knowledgeable about all features of the BandCentral Service it will sometimes be necessary for BandCentral to send important notifications by email, post and postings within the BandCentral Service.

Your BandCentral Account

(a) Users must be responsible for the security of their own Account, login and password details. These
details should not be given to anyone and should only be used by the authorised User. You must immediately notify BandCentral of any suspected misuse of your Account or if your secure login details have been compromised. BandCentral will not be held liable in the event of any misuse of your Account.

Mandatory User Requirements and General Conduct

The User agrees to use the BandCentral Service for the use it is intended.

Users must not violate any laws when using the BandCentral Service but comply with all applicable laws. BandCentral will not be held liable for any laws violated by a User.

Users must not send or make available by any means files, programs or viruses designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

A User’s personal information must be true, accurate and correct. It is an offense to provide false personal details.

A User must not impersonate another person or entity.

A User must be 12 years of age or older to open an Account. BandCentral Users between 12 and 18 years of age must only open an Account with the permission of a parent/guardian.

BandCentral reserves the right to request the customary proofs of identification.

BandCentral reserves the right to suspend or terminate Accounts if it deems it necessary.

The BandCentral Service must not be used to inflict harm on others.

The User must not cause disruption to the normal operation of the BandCentral Service by interfering with the networks or servers.

Users are obligated to notify BandCentral of any violations of these Terms and Conditions.

Band Name and Unique URL Dispute Resolution

A band name can only be registered in the BandCentral system once. If two bands have the same name then BandCentral operates a first in, first served policy. If a band has copyright and/or trademark rights then BandCentral has the right to remove any Account purporting to be a band that they are not and/or that infringes copyright, trademark or proprietary laws. For example, if a band is registered as Snow Patrol and they are not Snow Patrol BandCentral has the right to remove the Account from the system.

Activity of and Content posted by Users and Third Parties

1. Activity of and Content posted by Users

The Account Owner is responsible for all Activity and Content within their Account. Where any Activity or Content fails to comply with BandCentral standards, BandCentral has the right to suspend or terminate the offending Account. BandCentral does not review Activity or Content before it is posted. Therefore no liability is accepted for any Activity or Content made available by means of the BandCentral Service, including but not limited to emails, SMS, music and message board postings.
The BandCentral Service must not be used for communicating threatening, abusive, defamatory, racial, libelous or otherwise offensive Activity or Content. Activity or Content must not be posted unless it is legally available to you. BandCentral will not be used for spam and junk mailing.
BandCentral reserves the right to remove, at its own discretion, any Activity or Content.
In the event of an Account cancellation or termination, the User understands that all Activity and Content posted on the Account is only available for 30 days after the Account has been terminated or cancelled. BandCentral will not be held liable for any loss of Data, Activity or Content after this period.

2. Activity of and Content posted by Third Parties

Any links, advertisements or other Activity or Content on BandCentral’s website or the BandCentral Service that leads the User to view Activity or Content provided by a third party is not the responsibility or liability of BandCentral. Users view third party Activity and Content at their own discretion and risk and shall not hold BandCentral liable for any inappropriate material or damage or loss caused as a result.

Privacy Policy

Your Privacy is taken extremely seriously at BandCentral.

Emails -opt in and out:
If a user is a member of a number of BandCentral, they will continue to receive email alerts from these accounts.
Band Fans who no longer wish to receive band alerts or updates or any notifications may choose not to by visiting the opt-out link within any alert email.
Once a link it clicked, the fan with instantly be removed from the specific mailing list. There is now way to reinstate a fan once they have unsubscribed.
All notification emails and newsletters from BandCentral also include the above instructions for opting-out of those communications in the future.

A full privacy policy can be found here.

Note on SMS sender IDs - Maximum length of alphanumeric SMS Sender ID is 11 characters. Due to regulatory issues, some countries are limited to 8 characters.

Payment and Refunds

Payments

Payment for topping up 'BandHub Credit' may be required.
If a credit card payment fails, reasonable effort will be made by BandCentral to contact the User to request another valid credit card.

Refunds

Refunds are at the discretion of the company and are generally not permitted.
If a User requests a refund from BandCentral once the invoice month has already started

BandCentral will not be able to give a Refund. Partial month refunds are not given.

Refunds cannot be given on unused Accounts. Users must notify BandCentral according to the

Termination and Cancellation policy if they wish to cancel payment.

Storage and usage of the BandCentral Service

BandCentral has a 1GB storage space limit in place for each account. If these limits are exceeded it will not be possible for the User to upload any further files. Content may be deleted by the User or by BandCentral in order to create more space.

The User agrees that BandCentral is not responsible or liable for lost and/or deleted files that you the User have uploaded or any other Data or Content within your Account.

Cancellation and Termination Policy

Cancellation

An Account can only be cancelled by the Account Owner. This option is available in 'Band Settings' / 'Plans/Billing'.

A request to cancel an Account will result in the Account being locked immediately and no longer accessible. Content will be available for 30 days after the Account has been cancelled. The User must contact BandCentral within this time period to retrieve their Content and Data.

If your Account is cancelled part way through an invoice cycle then your payment will be cancelled at the beginning of the next invoice cycle. There are no part month refunds.

A request to cancel an Account will result in the Account being locked immediately. Content will be available for 30 days after the Account has been cancelled. The User must contact BandCentral within this time period to retrieve their Content and Data.

Termination

BandCentral reserves the right to terminate or suspend a User’s Account at any time.

If there has been a violation of the BandCentral Terms and Conditions the User’s Account will be terminated, effective immediately.

BandCentral has sole discretion on terminating or suspending Accounts for any other reason not previously stated.

BandCentral shall terminate an Account at the request of a law enforcement agency.

Prior notice of termination may not necessarily be given to a User although BandCentral will use reasonable efforts to do so.

In the event of termination the User will no longer have access to their Account and the login will be locked. Content will be available for 30 days after the Account has been terminated. The User must contact BandCentral within this time period to retrieve their Content and Data. Termination of a User Account may also result in the suspension or termination of another User’s Account.

BandCentral reserves the right to refuse registration to a User who has previously had their Account terminated or to a new User who BandCentral views as a potentially inappropriate User. A potentially inappropriate User refers to any potential User who BandCentral sees as using BandCentral for reasons other than the intended use, or has had association with previously terminated Users.

BandCentral can refuse registration without reason.

You agree that BandCentral is not liable for the termination of your Account.

Indemnity Clause

The User shall indemnify BandCentral, its employees, shareholders, partners or other such associations and hold them harmless from any third party claim or demand and from any judgment or liability and against and from any loss, cost or expense (including but not limited to lawyers’ fees and court costs which may be incurred) due to or arising out of the User’s Activity or Content submitted to the BandCentral Service.

Changes to the Service and Costs

The User agrees that BandCentral has the right to make changes to the BandCentral Service at any time without prior warning and shall not be held liable by the User or any third party for any disruption or loss this may cause. This can include but is not limited to temporarily suspending features, permanently suspending features, adding new functionality.

Costs to the User are also subject to change. BandCentral will provide the User with reasonable notice of any changes to the cost of the BandCentral Service. The User or any third party shall not hold BandCentral liable for any loss that may occur as a result of changes to costs.

Agreements with advertisers and other service providers

The User understands that agreements and dealings with the advertisers on the BandCentral Service and in the music Industry Directory are exclusively between the User and the advertiser. BandCentral is exempt from any arrangements and/or transactions that take place between a User and such advertiser including delivery of goods and services, payments and any terms and conditions.

Should any loss or damage occur from such an arrangement and/or transaction BandCentral will not be considered a party to any such arrangement and/or transaction or dispute and will not be held liable or responsible.

Customer Service

Customer Service enquiries are dealt with primarily through email. The User understands and agrees that all correspondence with BandCentral should be directed to customerservice@bandcentral.com to ensure a timely response to their query. Any queries relating to these Terms and Conditions should be sent to customerservice@bandcentral.com.

Complaints Procedure

Complaints about BandCentral or any aspect of the BandCentral Service should be sent by email to customerservice@bandcentral.com. The User should clearly outline their complaint including all the facts relevant to the complaint. While BandCentral endeavors to handle each complaint professionally and investigate the matter thoroughly it will not be held liable or responsible for any loss or damage incurred by the User through using BandCentral.

Proprietary Rights, Trademark and Copyright of BandCentral

The BandCentral name, logos, service and product names are all trademarks of BandCentral Ltd. © 2008 BandCentral Limited, All rights reserved.

The User agrees not to use or display the logo or name of BandCentral without prior permission. The User further agrees not to copy, replicate or sell any part of the BandCentral Service.

The User acknowledges and agrees that the interface provided by BandCentral uses software that contains confidential and proprietary information protected by law

The BandCentral Service is to be accessed only by the interface provided by BandCentral to a User. The User must not wholly or partly modify, take as their own, use for a purpose other than their own personal Account, rent, sell, make available in another form, hack into the system or create another website claiming affiliation with BandCentral.

The User acknowledges and agrees that there is Content on the BandCentral Service that is protected by copyright, trademark and proprietary laws.

Disclaimer

The User agrees to all of the following terms:

BandCentral does not make any guarantees that the BandCentral Service will be accurate, prompt, secure, without interruption or meet a User’s prerequisites and expectations.

BandCentral cannot guarantee that products purchased or used as a result of BandCentral will be as expected.

A User uses the BandCentral Service at their own risk. BandCentral provides the BandCentral Service in its present form (‘as is’). BandCentral disclaims all guarantees, whether expressed or implied, including, but not limited to the implied guarantees of salability, profitability and suitability for a stipulated purpose.

Correspondence received by a User from BandCentral does not act as a guarantee for anything stated in the Terms and Conditions.

BandCentral does not accept any responsibility or liability for any damage or loss on a User’s computer incurred by viewing or downloading Activity or Content through the BandCentral Service.

The User understands and agrees that BandCentral shall not be liable for loss or damages relating to but not limited to, loss of Data, loss of profit, material losses and damages, directly or indirectly, as a result of the use of the BandCentral Service or goods or services obtained through using the BandCentral Service.