STAGEBOX TERMS AND CONDITIONS (MAY 2020 VERSION)
- THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 Please read these terms and conditions carefully before you sign up with us.
1.3 IMPORTANT NOTICE: PLEASE READ CLAUSE 9 IN PARTICULAR AS YOU MAY NOT BE ENTITLED TO ANY REFUND IF YOU WANT TO CHANGE YOUR MIND AFTER THE 14 DAY COOLING OFF PERIOD HAS EXPIRED. BY SIGNING UP TO OUR SERVICES YOU ARE MAKING A SERIOUS COMMITMENT TO ATTEND AND PAY FOR THE FULL SUBSCRIPTION PERIOD OF OUR SERVICES AS SET OUT IN YOUR ORDER CONFIRMATION. WE WILL USUALLY TAKE PAYMENTS FROM YOU BY INSTALMENTS, BUT YOU WILL BECOME LIABLE TO PAY US IN FULL ONCE THE COOLING OFF PERIOD HAS EXPIRED.
1.4 These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails but not fax.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 You might know us by our trading name “Stagebox” but we are a limited company registered in England and Wales called Stagebox Musical Theatre Workshop (North) Limited. Our company registration number is 09421415 and our registered office is at 167 Southborough Lane, Bickley, Bromley, Kent, England, BR2 8AP.
2.2 You can contact us by telephoning our customer service team at 020 7305 7457 or by writing to us at firstname.lastname@example.org.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you signed up. We may also contact your emergency contact as provided when you signed up.
3. OUR CONTRACT WITH YOU
3.1 When you sign up with us, you will place an order on our website for specific services. That might be an audition, or if you are offered a place, then this might include one of our programmes. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and we will not charge you. This might be because we only have waiting list places available, because of unexpected limits on our resources which we could not reasonably plan for (including but not limited to Force Majeure) or because we have identified an error in the price or description of one of our services.
3.3 You understand that by signing up to an audition workshop, you are not automatically entitled to join one of our training programmes or centres. Places on our regular training programmes are by invitation only and subject to audition as we determine may be necessary in the circumstances.
4. OUR SERVICES
4.1 We provide professional training for children and young adults within the entertainment sector.
4.2 We use appropriately trained and experienced professionals to deliver our services and we deliver them in accordance with industry best practice using reasonable care and skill at all times.
4.3 The images and videos of the audition workshops and programmes on our website are for illustrative purposes only and are not representative of any particular service we offer.
5. YOUR RIGHTS TO MAKE CHANGES
Because of the nature of our services, you are not usually able to make any changes to the services you have ordered because we arrange them in advance after you’ve confirmed your order following expiry of the cooling off period. It may be easier for you to exercise your rights to end the contract during the cooling off period rather than ask us to make changes. If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the relevant services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you should contact us immediately to see if there is anything we can do and to discuss your options (see clause 8- Your rights to end the contract) although you may not be entitled to any refund if you are simply changing your mind after the cooling-off period has expired.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements such as requiring additional information from you, or delivering our services in a different way to comply with laws. This might include things like asking for more information in order for us to comply with health and safety legislation, or we may ask you for updated consents or to sign back up to our terms following any changes we have to make to comply with things like privacy legislation and other laws relating to children generally; and
(b) to implement minor technical adjustments and improvements, for example:
(i) to address an immediate security, health or other threat to our Stagebox Members or our staff, we may make these changes with little or no notice where we consider it reasonably necessary to do so;
(ii) to take advantage of a learning opportunity or similar benefit where our core services aren’t affected but the way in which we deliver the changes in a way that we think will add value to you;
(iii) To mitigate or prevent any kind of threat or follow public health guidance such as might be required in the event of an epidemic or a pandemic. We may make these types of changes by giving you reasonable advance notice. In this type of scenario, we might have to change the way in which our services are delivered where that doesn’t have a negative impact on our core services. Our “core services” means the training, guidance and experience we pass on as part of our sessions and that doesn’t include the method, place or time of delivery of those services.
These changes will not affect the quality of the core services we offer, but we may change the way in which they are delivered. If you disagree with any change that we make, where that change does not entitle you to a refund on termination of our agreement with you, we will instead offer you a credit for you to use in any of our qualifying services. To find out if you are entitled to a credit, or to find out what you can spend your credit on, please contact us.
6.2 In addition, we may make the following changes to these terms or any of our services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any parts of the services which you have paid for but not received:
(a) A reduction in the number of sessions we run under any programme where we have not offered you a pro-rata credit for that reduction;
(b) A significant change of venue that detriments you, i.e. one that relocates the place you are supposed to attend in a way that would make it significantly more difficult for you to attend, such as a change in venue from a city in the UK to a city outside of the UK and not just a change between cities in the UK.
7. PROVIDING THE SERVICES
7.1 We provide ongoing services on a subscription basis. Our subscriptions will usually run over a twelve (12) month period, commencing in September of each year, unless otherwise stated, and you are generally not able to cancel them for convenience once you’ve signed up if the cooling off period has expired. We will supply the services to you until either the services are completed or the subscription expires (if applicable) or you end the contract in the limited circumstances as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.2 We are not responsible for delays outside our control. If our supply of any of our services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay that is likely to cause you a detriment then you may contact us to end the contract and receive a refund for any products you have paid for but not received. Time is not of the essence with most of our services and therefore usually you won’t suffer any detriment if we reschedule our services as soon as we are reasonably able to. Venue is not of the essence with our services and therefore we may reschedule the venue of our services where that does not cause you any significant detriment.
7.3 If you do not attend any of our sessions after you’ve signed up to them, whether that’s a training programme or an audition workshop, we will not offer you any refund or offer a replacement service. Our places are limited, run in series/stages, are highly sought after and our waiting list is offered where we see fit and generally only in operation for where Stagebox Members go into professional work mid-way through a contract.
7.4 We may need certain information from you so that we can supply our services to you, for example, certain sensitive health information and other such data is required for us to ensure that we can protect our Stagebox Members and staff, and in order for us to acquire and maintain appropriate insurance at an affordable price. We will contact you to ask for this information if you haven’t provided it and we need it in order to provide the services we offer. If you do not give us this information within a reasonable time of us asking for it (or prior to the next time we run a session, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or by any particular deadline that we reasonably require.
7.5 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
(a) deal with technical problems or make minor technical changes;
(b) update or change our services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as required to ensure the safety and security of our Stagebox Members and our staff (see clause 6).
7.6 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending our services unless the problem is urgent or an emergency. If we have to suspend the services for longer than six (6) months then you may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than six (6) months and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
7.7 We may also suspend supply of the services to you if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the services to you, by refusing to permit you to attend any of our sessions, until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute an unpaid invoice (see clause 12.7). We may still charge you for the services during the period for which they are suspended if the cooling off period has expired. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.6).
7.8 Where we choose to suspend the services, we will hold monies you have already paid to us as credit for our services as and when they resume.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 When you sign up to one of our subscription training programme services you are making a commitment to attend the whole programme for its duration and you may still have to pay for the remainder of your subscription if you later change your mind and wish to end the contract. Your rights when you request to end the contract will depend on the circumstances, the service we are offering, and when you decide to request that we end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the service, you may not be entitled to any refund unless you are within the 14 day cooling off period following your order confirmation, see clause 8.3. You may be able to get a refund if you are still within the 14 day cooling-off period, but this may be subject to deductions if you have used any of our services, including but not limited to any of our online content. Our subscription fees are incurred and chargeable for each subscription period (although we may agree with you that those fees are payable by you in monthly instalments over the course of the subscription period they are still incurred annually), and are not refundable once paid;
(d) In all other cases (if we are not at fault and there is no right to change your mind), then you are liable to pay the full amount of charges that are due for our Services see clause 8.5.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the services may be substantially delayed (more than a year) because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than six (6) months; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. The purpose of the cooling-off period is for you to have time to consider whether or not you are sure about your order before it becomes legally binding on you, and before we incur the costs of arranging our services. During the cooling off period you can change your mind and withdraw from the contract for any reason or for no reason at all and we will refund fess you’ve paid to us which we haven’t yet earned.
8.4 Once the cooling off period has expired, then the fees you have paid will not be eligible for a refund if you later wish to change your mind. This is because we only offer a limited number of places on our programmes and we plan our services based on the number of people that sign up to them. If you were to cancel your contract with us after the cooling off period has expired, we would suffer a loss as we have already incurred the cost of providing the session or the series of sessions you have signed up for. See Clause 9 below for more information.
8.5 You can end your contract with us at any time after the cooling off period has expired, but you will be obliged to pay us the full cost of any services we have confirmed your place on for any subscription period that you have signed up for, for example, (up to twelve (12) months charges) regardless of whether or not you have arranged to pay that charge by instalments or by lump sum. We will let you know when you sign up exactly how much you will pay over the course of each subscription and we will let you know when to pay us, and you will have an opportunity to check this information before you proceed to pay.
8.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, an audition slot or a place on one of our training programmes)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services, if within that 14 day period, you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you may still be liable for the cost of the full subscription period as notified to you during the sign up process.
(b) Have you bought digital content for download or streaming (for example, any of our online training videos or content)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming our content. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind and the cooling off period will not apply.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us during the cooling-off period, or to ask us to end the contract at any other time, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 020 7305 7457 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Complete and submit the cancellation form that we provided in your order confirmation or on our website either my email or post.
(c) By post. Print off the cancellation form we sent to you and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 How we will refund you. If you cancel during the cooling off period, then we will refund you the price you paid to us in full (including any deposit), by the method you used for payment, however, we may make deductions from the price, as described below.
9.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: we may deduct from any refund an amount for the supply of the services that you have already received, and for the period of any fixed term subscription period that you have signed up for.
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind within the cooling off period then we will provide a refund to you within 14 days of you contacting us.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a service at any time by writing to you, without any further warning, if:
(a) you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, the correct information we request as part of sign up;
(c) you repeatedly do not adhere to our Stagebox Code of Conduct or one a single occasion you seriously breach it in a way that we consider to be serious;
(d) you, or your representatives (including your parents, guardians, family, friends, invitees, guests and similar) do not act at all times with respect for the dignity and safety of all our Stagebox Members and our staff; or
(e) If we consider that your behaviour is disruptive to the experience of other Stagebox Members.
10.2 If we end the contract in the situations set out in clause 10.1 (because you have breached this agreement in some way) we will not provide a refund for any money you have paid in advance for services we have not yet provided because the fees due for subscription periods are not refundable after the cooling-off period has expired.
10.3 We may choose to withdraw the services at any time without any liability to you other than to pay you back any money you’ve paid us in advance for services we haven’t yet provided. We will notify you in advance to you to let you know that we are going to stop providing the services. We will endeavour to let you know at least one (1) month in advance of our stopping the supply of the services where possible, unless this is still within the cooling-off period in which case we may end the agreement immediately with, or without, notice to you.
10.4 We, Stagebox, always retain the right to change our mind and provide a refund where we see fit, but we are never obliged to offer you a refund where you simply change your mind for the reasons stated above (unless the cooling off period applies). We will consider these requests on a case-by-case basis in exceptional circumstances. To ask us to end the contract with you, please let us know by contacting us. If we do choose to waive any of our rights in exceptional circumstances, that doesn’t mean you can rely on us always waiving those rights again in the future when similar circumstances occur and we will always retain the right to choose whether or not to waive our rights or any of your obligations where we see fit to do so.
11. IF THERE IS A PROBLEM WITH THE SERVICES
11.1 If you have any questions or complaints about our services or any other Stagebox Member, please contact us. You can telephone our customer service team at 020 7305 7457 or email us at Contact@stagebox.uk.
11.2 We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services we provide. Nothing in these terms will affect your legal rights, but please note that the statutory cooling off period for distance consumer contracts is not applicable to our services as we operate under a legal exemption.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
If your product is services, for example, a place on one of our audition workshops or any other training programme we offer, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed on a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. PRICE AND PAYMENT
12.1 The price for our services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of our services as advised to you on our website is correct. However please see clause 12.3 for what happens if we discover an error in the price of the services you order.
12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we offer may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.4 Payment Providers. We support one off payments from PayPal for Auditions. For our Programmes we take payments via GoCardless which we may arrange for you to set up as a monthly series of instalment payments to us over the course of the Programme. You will pay us in advance for our services at the point you sign up to one of our audition workshops. You will pay us annually by way of monthly instalments when you sign up to one of our training programmes following an invitation from us.
12.5 Payments are due either: within 14 days of the date of any invoice we may issue to you, or in most cases, if we specify a date of the month for payment then payment is due on or before that date each month during your subscription unless otherwise expressly agreed with us in writing.
12.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7 If you think an invoice or other payment is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on outstanding sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 11.2.
13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services and we aren’t responsible for any loss or damage to property which you bring to our premises. You bring your own personal property to our premises at your own risk and we advise you to limit what you bring with you as much as possible.
13.4 We only supply our services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within one (1) month of us telling you about it and we will refund you any payments you have made in advance for services not yet provided.
15.2 You need our consent to transfer your rights to someone else as our places are offered personally to the auditioning Stagebox Member. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We will not be under any obligation to agree to this in relation to any of our programmes because of the exclusive nature of them. However, you may transfer your audition workshop slot to another person as long as notify us immediately at: Contact@stagebox.uk and you remain responsible for them as though they are you in this agreement; that means that you remain responsible for paying for them and we will seek payment from you directly in relation to that person for the services we have provided where applicable.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us (either as a Stagebox Member yourself, or as the parent/guardian agreeing this on behalf of a Stagebox Member). No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If we delay in enforcing this contract, we can enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you agree to go into mediation with us to resolve that dispute using a mediator to be appointed by a neutral third party, and in the event of any dispute, by the UK’s Centre for Effective Dispute Resolution (CEDR).
15.8 PLEASE READ CLAUSE 9 IN PARTICULAR AS YOU MAY NOT BE ENTITLED TO CHANGE YOUR MIND AFTER THE COOLING OFF PERIOD HAS EXPIRED.