1.1
Muziekonderwijs is a web platform that connects students of any age, any ability and any instrument with high-quality, professional and vetted music teachera.
1.2
Muziekonderwijs is owned and operated by More Music Academy B.V, a limited liability company registered in England under the CoC number 66772281. The registered address is Zekeringstraat 17a 1014 BM Amsterdam, The Netherlands.
1.3These terms and conditions supercede any previous versions and come into effect from 16th March 2020.
1.4
By using the web platform you agree to be bound by these terms and conditions. It is our recommendation that you print a copy for your records.
1.5
"Web Platform" refers to https://muziekonderwijs.nl.
1.6
"Student" is a person using the Web platform to search and undertake music tuition either for themselves or for children for whom they are the parent or legal guardian.
1.7
"Teacher" is a professional, self employed music teacher offering the services of music tuition and using communication, booking and fee collection services, provided by the web platform.
1.8
The "Community" refers to teachers, Students and Muziekonderwijs Staff.
1.9
The "Price" refers to the combined total of the teacher fee and the platform fee.
1.10
The "teacher fee" refers to the amount of the price paid to the teacher.
1.11
The "Platform Fee" is the amount deducted from the "price" in exchange for the services of marketing, communication, lesson booking and fee collection, provided by the web platform.
1.12
"Transport Fee" refers to the additional cost applied by the teacher to cover time and expense associated with travelling to the home of the student, when the Student requests lessons at their home.
1.13
A "Lesson Block" is a bulk purchase of 5, 10, or 20 lessons. When a Student purchases a Lesson Block, the teacher can create lessons which are confirmed automatically. When purchasing a Lesson Block, the student may qualify for a discount on the Price of up to 20%.
1.14
A "Confirmed Lesson" is a lesson which has been paid for and confirmed by the Student.
1.15
Fixed Term Plan is a block of 15 lessons or more, paid for in advance at a discounted rate by the Student. In exchange for the discount, the Student waives the right to edit, alter, change or cancel the lesson. In exchange for the restrictive terms associated with the Fixed Term Plan for the Student, the teacher agrees to reduce the Price.
2.1
Provide marketing, communication, booking and fee collection services for professional, self-employed music teachers.
2.2
Provide a web platform where students can easily connect with a teacher, arrange and pay for music lessons.
2.3
Take all reasonable steps to maintain the web platform and offer a consistent service.
2.4
Vet our teachers and ensure every teacher has a valid enhanced DBS certificate in place before publishing on the platform. We ensure all teacher agree to abide by our safeguarding and child protection policy, our code of conduct and our lone working policy. All our teachers must read and understand the document Keeping Children Safe in Education.
2.5
Interview our teachers at application stage to ensure they meet our stringent criteria of quality and professionalism. We work with the teacher to make the text and images displayed on their profiles is accurate and clear.
2.6
Act as a barrier between the personal and professional for our teachers (as good safeguarding practice dictates). We maintain a notification system to ensure swift communication between Teacher and Student is possible. From time to time we may monitor messages to ensure our standards of quality and professionalism are being maintained.
2.7
Display clear and accurate fee information to both Teacher and Student and settle all Teacher payments within the parameters of time as described in these terms.
2.8
Investigate all complaints (including refunds) in line with our complaints policy, which is available on request.
2.9
Take the necessary steps to use and protect our Students and teachers data as set out in our privacy policy.
3.1
Take responsibility for the safety and security of themselves and their children in contexts connected to Muziekonderwijs. Including but not limited to using the internet safely. In the event that a password / log in details are no longer private, please contact Muziekonderwijs immediately. If Muziekonderwijs are not contacted, we are not responsible for actions committed in your account.
3.2
Ensure messages and content posted on the web platform are legal and in no way abusive, offensive or illegal. Where a message or piece of content is a cause for concern, you agree to report it to Muziekonderwijs.
3.3
Take reasonable steps and to exercise common sense when assessing the accuracy and legitimacy of information. Muziekonderwijs takes all reasonable steps to ascertain accuracy of information but this is not guaranteed.
3.4
In case an aspect of these terms and conditions are not followed, Muziekonderwijs has the right to immediately and irrevocably ban anyone in the community from the Web Platform. Muziekonderwijs decision is final.
4.1
Expect Muziekonderwijs to fulfil its responsibilities as described in these terms and conditions. Students accept that Muziekonderwijs is not responsible for the behaviour or actions of teacher.
4.2
Not use the Web Platform unless they are 18 years of age or more. In the case of children and young people, parents and/or legal guardians must use the web platform on behalf of their children. Parents and legal guardians recognise that Muziekonderwijs or anyone connected to Muziekonderwijs, or teachers advertising on the Web Platform do not act in Loco Parentis at any time.
4.3
Provide accurate personal information for the purposes of communication, lesson booking and fee collection and all other activity associated with the Web Platform.
4.4
Ensure that all lessons are confirmed and paid for in advance of the lesson taking place. Students accept that the lesson is not confirmed until they have taken the necessary steps to do so. Muziekonderwijs recommends that lessons are confirmed within 5 hours of the teacher creating the booking.
4.5
Always use the payment systems on the Web Platform to pay for lessons with your teacher.
4.6
Allow Muziekonderwijs to take payment and collect Teacher Fees and also fees for services rendered on behalf of Teachers including marketing, communication, booking and fee collection systems, described on the web platform as platform fees. Muziekonderwijs clearly displays this information within the payment flow in the web platform.
4.7
Accept that once a payment is made and a lesson confirmed, the student has an agreement with the teacher and Muziekonderwijs accepts no liability for the teachers responsibility in regards to this agreement.
4.8
Continue to use the web platform for communication, lesson booking and fee collection purposes for the entire duration of their agreement with the teacher. All lessons with the teacher must be booked, confirmed and paid for using the web platform.
4.9
Any attempts to circumvent the web platform and its services will be classed as disintermediation and may result in a ban from using the web platform.
4.10
Provide a safe and sufficient environment, where lessons at the students home are required. In the interests of safeguarding and child protection, lessons in bedrooms are not recommended and open door practices are recommended.
4.11
Accept the responsibility of quality assurance. Whilst Muziekonderwijs undertake all reasonable steps to ensure the quality and professionalism of the teacher, it is the Students responsibility to use best judgement to ascertain the suitability for theirs or their children's needs.
4.12
Ensure that they have adequate systems for receiving notifications in line with their chosen notification settings. Muziekonderwijs is not responsible if notifications or messages are sent and not checked or received by the student due to Students email systems failing. It is Muziekonderwijs recommendation that the email address [email protected] is saved as a contact in this regard.
4.13
Abide by these terms and conditions and recognises that should, in Muziekonderwijs opinion, the student has not done so, they may be banned from using the web platform.
5.1
.
5.2
The Pricing Structure is as follows:
Most of our students buy a flexible block of lessons after the first lesson. After you have bought a block, you will be able to plan lessons with the teacher which can be at a fixed or flexible time. Below here you can see the terms for our flexible blocks of lessons.
Validity All lessons (between 1 and 20) in the block are valid for 12 months from the date of purchase.
Satisfaction Guarantee: In the unlikely event you are not satisfied with your teacher, we can arrange for a replacement to be found.
Flexibility: You can schedule new appointments with your teacher at any time or decide on a regular lesson at a particular day or time of the week, fortnight or month.
5.3
Upon sending a teacher a message, the Student will be sent an offer enabling the first lesson with the teacher to be half price. The offer is redeemed by using a discount code at checkout.
5.4
Once the student has ascertained that they are happy with the services provided by the teacher, the student has the option to purchase a flexible block of lessons. Lesson blocks are available in quantities of 5, 10,or 20 lessons. Lesson blocks are available in durations of 20, 30, 45 and 60 minutes.
5.5
The student qualifies for receiving a discount on the price when purchasing a block with 5 lessons or more. The discounts available are: 5 lessons - 10% discount 10 lessons - 15% discount 20 lessons - 20% discount
5.6
When a lesson block is purchased the Student gives permission for the teacher to automatically create and confirm lessons, using the information of date, time, location and duration provided by the Student.
5.7
The Web Platform agrees to provide notifications each time a lesson is booked and confirmed. It is the Student's responsibility to check these details are correct and contact the teacher with any desired amendments in a reasonable amount of time prior to the lesson .
5.8
The Web Platform will provide information, available in the My Account tab of the Students account, displaying how many lessons are remaining in the current block .
5.9
When purchasing a lesson block, The Student instructs the Web Platform to automatically renew the block of lessons 2 days after the last lesson has been used . The Student instructs the Web Platform to securely save their payment card information as detailed in Clause 6.9 of these terms . If the student chose the Split Payment option when purchasing the original block of lessons . The Web Platform agress to use Split Payment for the automatic renewal of the following blocks, as detailed in clause 6.11 of these terms . The Web Platform agrees to send an email notification to the Student 2 days before the automatic renewal payment is taken . The Web platform agress to add a button on the Students dashboard enabling the Student to turn off automatics renewal payments. The Web Platform agress to refund to the Student any monies paid as a result of an unwanted automatic renewal.
5.10
All lessons purchased in a block are valid for a term of 12 months from the date of purchase. The Student understands that unused lessons remaining on their account after 12 months from the date of purchase will be treated as expired and cannot be returned or refunded."
5.11
The Student has the right to instruct the teacher to create lessons at mutually convenient times for both Student and teacher. The date, time and location of each lesson are flexible and need not be the same for each lesson.
5.12
In the unlikely event that a student does not feel satisfied with the quality of teaching overtime. The Student agrees to inform the Web Platform who will recommend a suitable replacement and refund the cost of any unused lessons with the teacher for a period of 12 months after the date of purchase.
5.13
The Student has the right at any time to change instrument or teacher and the Web Platform agrees to refund any unused lessons with a teacher which are no longer required up to 12 months after the date of purchase.
5.14
Should the teacher's circumstances change with the effect they are no longer able to deliver future lessons purchased within a block, The Web Platform will search for a replacement teacher and refund to the Student any unused lessons for a period of up to 12 months after the date of purchase .
5.15
All unused purchases may be returned to Muziekonderwijs within 14 days from the date of purchase .
5.16
When the Student requires lessons over a long period of time and if agreed by the teacher in advance, the Student has the option to purchase a Fixed Term Plan . The purchase of a Fixed Term Plan entitles the Student to a 20 % discount on the Price .
5.17
To qualify for the Fixed Term Plan, a minimum of 15 lessons must be booked by the teacher . These lessons will be created using the information of date, time, location and duration provided by the Student.
5.18
The Student agrees that when purchasing a Fixed Term Plan and receiving a discount of 20 % on the Price, the Student waives their right to alter, amend or otherwise reschedule and cancel, any lesson purchased within the Fixed Term Plan .
5.19
Should the teacher need to cancel a lesson purchased within a Fixed Term Plan, the Student agrees to provide information of the date, time, location and duration of a replacement lesson, which will be booked by the teacher at no extra cost to the Student .
5.20
Should the teacher's circumstances change with the effect they are no longer able to deliver future lessons purchased within a Fixed Term Plan, the Web Platform will search for a replacement teacher and refund any unused lessons to the Student for a period of up to 12 months from the date of purchase.
5.21
For any lesson the Student requests at their own home, the teacher has the right to add an additional Transport Fee of €0 to €8 per lesson. The teacher agrees to communicate their chosen fee at the time of the booking.
6.1
The Price payable by the student will be clearly displayed on both the teacher profile and inside the lesson confirmation screen and also in the "my account" section of the web platform.
If the teacher cancels a lesson it will be refunded without charge or moved to another date which suites the student.
6.2
The Price is a combination of the teacher fee and the platform fee. The Price includes all applicable tax, including VAT.
6.3
The Platform Fee is the amount deducted from The Price, payable to Muziekonderwijs in exchange for the services of marketing, communication, booking and fee collection systems, provided to the teacher by the Web Platform.
6.4
The Teacher Fee is the amount payable to the teacher, collected by Muziekonderwijs in its role as the teacher agent.
6.5
The Student agrees to pay for all lessons in advance, using the payment system within the Web Platform.
6.6
The Payment system is provided by Epay (Bambora), A/S, cvr. 28855060. The Payment System operates under the agreement as laid out in Epay (Bambora) terms and conditions. The Payment system accepts Visa, Visa Electron and Mastercard.
6.7
Payment is withdrawn from the Students nominated account on the day of purchase.
6.8
Muziekonderwijs agrees to encrypt all card details using SSL (Single Socket Layer) technology. The Web Platform does not have access to the Students card information at any point.
6.9
When choosing the subscription option at checkout, the Student agrees to securely store their card information within their account in the Web Platform. The Student can choose whether to instruct teachers to create lessons where the payment is automatically taken from the Students card.
6.10
The Student has the option to purchase all Lesson Blocks and Fixed Term Plan in one single payment or by using the Spit Payment function.
6.11
Split Payment enables the Student to spread the cost of the Lesson Block or Fixed Term Plan over the course of 3 equal monthly instalments.
6.12
The Web Platform offers the Split Payment service interest free with no further hidden charges applied.
6.13
The first instalment will be taken from the Students card on the day of purchase. The student instructs the Web Platform to automatically take the second instalment on the same day of the next month and the third payment on the same day of the subsequent month.
6.14
By selecting Split Payment, the Student agrees to securely store their card information within their account in the Web Platform, in order to facilitate the payments as described in clause 6.13 of these terms.
6.15
The Web Platform agrees to notify the Student three days before the second and third instalments to inform them of the upcoming split payment.
6.16
The Student agrees to ensure that funds are available to facilitate the payments.
6.17
Should a payment fail, Muziekonderwijs will notify the Student by email. The student agrees to re-enter their card details in the Web Platform to allow a further payment attempt.
6.18
The student agrees that Muziekonderwijs will inform the teacher in event of a failed payment and the teacher will cancel further lessons until the Split Payment is successfully taken.
6.19
In the event of more lessons being taken than have been paid for, the Student agrees that Muziekonderwijs, in their capacity as agent for the teacher, has the right to pass on any debt to third party agencies, should monies be outstanding for a period longer than 3 months. The student acknowledges this may affect their credit rating.
6.20
The Web Platform agrees to provide a receipt available both in the Students account in the Web Platform and also via email to the Students nominated address.
7.1
Once a lesson is confirmed, paid for but subsequently cancelled by the student with less than 24 hours notice, no refunds can be issued.
7.2
If a confirmed lesson does not occur due to a Student not attending and the Student has made no attempt to cancel, no refunds can be issued.
7.3
If a lesson does not occur because the Tutor cannot gain access to a Students home and the Student has not responded to the teachers attempt at communication, no refunds can be issued.
7.4
In the event of the Student arriving late for a lesson, the teacher agrees to wait for 20 minutes before cancelling the lesson. No refunds can be issued in this circumstance. This clause is applied at the tutors discretion and if the Student contacts the Tutor to explain the delay, this clause can be waived.
7.5
Lessons cancelled by the Student with greater than 24 hours notice may either be rescheduled at no extra cost or a full refund may be requested.
7.6
Where a refund request meets the terms as set out in clause 7.5 of these terms, or in case of a complaint, the refund will be made by bank transfer within 14 days of the request.
7.7
A student has the right to cancel a lesson at any time up to the start of the lesson.
7.8
To cancel the lesson, the Student must send the Tutor a message using the web platform.
7.9
The Tutor has the right to cancel a lesson at any time up to the start of the lesson. All lessons cancelled by the Tutor will either be refunded, as described in clause 7.6
of these terms or rescheduled at a mutually convenient time for both tutor and student.
7.10
All complaints, including those around lesson quality, non attendance of a lesson by the Tutor, Tutor conduct, Student conduct and issues around the web platform will be handled in line with the Music Tutors complaints policy. A copy of which is available upon request.
8.1
Music Tutors recognises that safeguarding and child protection are of paramount importance. It is the responsibility of everyone in the Music Tutors Community to help keep children safe.
8.2
8.3
ber every year, and engage the services of an expert consultant to help the policy reflect changes in law and best practice.
8.4
.
8.5
8.6
8.7
All policies and documents will be reviewed annually in September and new versions will be distributed as appropriate.
8.8
Any concerns regarding an issue of safeguarding or child protection should be brought immediately to the attention of the DSL using Music Tutors proforma, available on request.
9.1
These terms and conditions do not impede or limit the Web Platforms liability for anything that is not permitted by law to do so.
9.2
Muziekonderwijs are not liable for any loss or damage caused by the Students use of the Web Platform as laid out in these terms and conditions.
9.3
The Student may be liable for any loss or damage caused to Muziekonderwijs resulting from a breach of these terms or other misuse or abuse of the Web Platform.
10.1
By accepting these terms, The Muziekonderwijs Community agree to provide a permanent licence to Muziekonderwijs which is free of royalty and non-exclusive, which enables Muziekonderwijs to distribute, copy, display in public and create derivative works based on material submitted by the Muziekonderwijs Community.
11.1
These terms and conditions supercede any previous versions and come into effect from 24th June 2019
11.2
Muziekonderwijs reserve the right to alter these terms and conditions at any time. The Muziekonderwijs Community is encouraged to check the terms and conditions section of the website regularly to ensure they are aware of any changes. We will endeavour to communicate changes to all in the Muziekonderwijs Community, ahead of time.
12.1
The terms and conditions set out here and any dispute or claim (inclusive of those not of a non-contractual nature) associated with them shall be settled in accordance with Englsh Law and the courts of England will have total jurisdiction over the process.
12.2
If any part of the terms and conditions set out here is found to be unenforceable in keeping with clause 12.1
all other parts remain intact.
13.1
MoreMusic UK Ltd has in place an agreement with your music service or hub which supersedes these terms and conditions as previously described.
13.2
More Music UK Ltd recognises that you have an existing agreement with your music service or hub and your use of the services provided by More Music UK Ltd does not infringe nor override that agreement.
13.3
More Music UK Ltd has been engaged by your music service or hub to provide an online classroom and administrative services.
13.4
More Music UK Ltd processes your data in accordance with both our privacy policy and specifically to enable your child/s music education to continue via our online classroom.
13.5
By using our services, you acknowledge that you have given consent to your child/s teacher, or your music service or hub to continue your child/s music education online via Muziekonderwijs.nl, part of More Music Academy BV.
13.6
As a result of your instructions as described above, either you or your music service or hub have set up a student account in your name or your child/s name at Muziekonderwijs.nl, part of More Music UK Ltd.
13.7
By accepting these terms, you agree to use the platform provided via Muziekonderwijs.nl, part of More Music UK Ltd to arrange your child/s music lessons in the online space provided.
13.8
By accepting these terms, you agree that any issues, complaints or grievances that occur as a result of your interaction with a teacher, albeit due to lesson quality, communication and any other factor due to delivery, will be taken up with your music service or hub and More Music UK Ltd will be in no way liable as a result.
13.9
Furthermore, More Music UK Ltd recognises that payment and billing for lesson undertaken by the Student will be processed via your music service / hub and therefore More Music UK Ltd will not claim, nor be able to claim any monies from the student in exchange for their activity on the web platform.
13.10
By accepting these terms, you acknowledge that you are able to terminate the arrangement by contacting your music service or hub and that More Music UK Ltd will be in no way liable for any issues or disputes which might incur as a result. Termination of the arrangement will be governed by the terms upon which you have entered into via your music service or hub.
13.11
By accepting these terms you expressly concur that More Music UK Ltd/s role in your relationship with your music service or hub is to solely provide the technology and administrative support to enable online learning to take place, at no extra cost to the student.