The terms below will appear regularly in this teaching contract. We will use them in the following sense unless stated otherwise.
Bom-B Music: Kruisstraat 313D, 3581GK Utrecht, email@example.com +31639316802, KVK Number: 68384785.
Site: This is the structure set up by Bom-B Music with a search function at the web address www.bom-bmusic.com.
User: You, the parent or legal guardian of the children to be taught to, who is looking for a music teaching service in our academy. User is also referred to as ‘you’ or ‘your’.
Teacher: a private individual aged 18 years or older with a set of skills, who provides a music lessons service to the user.
Teaching Agreement: this agreement for the provision of sitting services between the User and Bom-B Music.
Service: The assignment to provide services (music lessons) from the User to the Teacher that originates from the trial lesson request or sent by the User via firstname.lastname@example.org and accepted by the Teacher.
Bom-B Music Agreement: the agreement for services between the User and Teachers.
General Terms and Conditions: The general terms and conditions as applied by Bom-B Music, inclusive any amended and updated versions of these general terms and conditions as published by Art-Sitters from time to time.
Who we are
Bom-B Music: Kruisstraat 313D, 3581GK Utrecht, email@example.com, +31639316802, KVK Number: 68384785
The academy provides students with a suitable music Teacher that fulfills their music education needs.
Our main business activity and goal is to connect you, the User, with a music Teacher that provides a gradual and fun musical formative experience adapted to your needs. We want the Teacher to offer, besides being a professional and reliable music Teacher, help for students to develop personally, boost their creativity, and discover their own talents.
Bom-B Music is a mediator in bringing Users and Teachers into contact with each other and is impartial in relation to the concluded agreement between the User and Teacher. Bom-B Music acts as an authorized representative for the Teacher when you, as a User, book this service through our Site or any other contact method. Bom-B Music accepts and confirms a booking from the User on behalf of the Teacher, obviously only with the approval of the relevant Teacher.
Conclusion of the User Agreement
You can book your desired Teacher for a trial lesson through our site. Bom-B Music does not give any guarantee regarding the number of available Teachers. We are not obliged to give any results of the selected Teachers. Bom-B Music will contact you with some scheduling options when the trial lesson is possible and you will proceed with the payment and confirmation of the appointment. Once the payment is received, Bom-B Music will confirm the trial lesson and it will be officially scheduled. After that trial lesson and evaluation from the Teacher and the User, a decision can be made on whether or not to continue with regular lessons or a lesson pack. This decision will be made together by the Teacher and the User. Not more than one trial lesson per student per teacher will be accepted. If unsure, the student can choose for single lessons.
Access to the Site
The Site is accessible 24 hours a day, seven days a week. Bom-B Music reserves the right, without prior notice or compensation, to temporarily suspend the Site or access to other online services in order to perform work. This includes updates, maintenance work and changes to the servers, etc. Bom-B Music has the right to change, remove or add new functions to the Site without assigning any reason. We cannot guarantee that the Site will function without interruption.
Provisions of the Bom-B Music Agreement between the User and Teacher
Lesson fees are subject to annual review. Where Lesson fees are increased as a result of such a review, the Teacher shall endeavour to give the User at least one month’s notice of such increase. The Student shall have the right to terminate this agreement immediately on written notice to the Teacher without liability to pay for any further Lessons (and to receive a refund in respect of any Lessons for which the Student has paid in advance) in the event that the applicable Lesson fees increase.
- Missed lessons:
Unfortunately, it can sometimes happen that you have to cancel an already scheduled lesson. When scheduling a music lesson, you sign a Bom-B Music Agreement with the Teacher. On the basis of this agreement, the User can cancel the scheduled lesson under the following conditions;
within 24 to 0 hours before the start of the music lesson, Bom-B Music will offer a rescheduling option for one of the next 5 days. If rescheduling is not possible for the student, Bom-B Music will count this lesson as if it happened. This includes assistance with administrative procedures/cancellation costs and preparation efforts of the Teacher. On the basis of the agreement agreed upon between the User and Teacher, if the Teacher is unavailable to give any scheduled Lesson, the Teacher will contact the Student about it and the Lesson will be carried forward to another date. If this is not possible, any fee already paid will be refunded or used to pay for a future Lesson.
Bom-B Music reserves the right, in the event of excessive cancellations by a User and/or Teacher, to deny him/her access to the services.
- Additional lessons:
Extra Lessons may be scheduled during holiday periods or at any other time by mutual agreement between the Student and the Teacher.
- Cooling-off Period:
- The Student has a right to cancel this agreement during the cooling off period. This means that during that “cooling-off” period if the User changes his/her mind or decides for any other reason that he/she does not want to receive the lessons, the User should then notify clearly and via email the Teacher or Bom-B Music of his/her decision to cancel the agreement and receive a refund for any lessons paid for but not received prior to that cancellation.
- The Student’s cooling off period starts from the date of this agreement and ends 14 days later. To cancel the agreement, the Student should let the Teacher know that he/she has decided to cancel.
- Contract period:
This contract is valid until there is an agreement between the Teacher and the User to terminate it. In that case, this needs to be agreed with one month in advance. User’s and Teacher’s voluntary time off will be noticed to each other at least 4 weeks before the last lesson of the pack.
Bom-B Music follows a 10 lesson pack system. An invoice will be sent to the Student via email before the first lesson of the pack takes place. Payment is required beforehand, otherwise, tuition can be withheld until received. This payment will be made in the form of a bank transfer to the account stated in the invoice or via a payment link.
We do our best to invest a lot of time and effort to find the best Teachers for our Users. Should we find out that you pass(ed) on (contact) details of our Teachers to others or to contact our Teachers outside of our Site and/or consultancy to book a music teaching service or if that has happened in the past, we will impose an immediate payable fine of EUR 500,- per each booking not made through our Site or consultancy and a fine of EUR 1.000,- for breaking this rule.
- Termination of agreement:
- A decision to discontinue Lessons after the “cooling-off” period may be taken by the User or the Teacher in which case written notice, the period of which is stated overleaf, shall be given by the party seeking to discontinue. In the event that the User discontinues Lessons with insufficient notice, the User will not be refunded the fees for those Lessons not taken during the notice period.
- User and Teacher will let each other know about any eventual last-minute circumstance.
- Neither party shall be liable to the other party for any breach by the other of any of the terms and conditions herein occasioned by any act of nature, war, revolution, riot, civil disturbance, strike, lock-out, flood, fire, or other cause not reasonably within the control of such party.
- Examination entries, festivals, competitions will only be entered if the User and Teacher are in agreement. Any entry fees will be paid for by the User.
- The User is responsible for the insurance of the User’s instrument.
- In the interests of the User’s well-being whilst in the Teacher’s care, the Teacher must be informed of any medical or other condition affecting the User.
- If the User is under eighteen, the User’s parent or guardian gives permission for the Teacher to teach the User.
NOTES FOR GUIDANCE:
– It is important to note that whilst a Teacher will use his or her best endeavours to ensure the User makes satisfactory progress, this cannot be guaranteed. In particular, careful regular practice as advised by the Teacher is a prerequisite of success on any musical instrument or in any musical endeavour.
Liability of Bom-B Music
Bom-B Music is not responsible for the incorrect, invalid, or incomplete information/data provided by the User and/or the Teacher. We are not liable for any damages resulting from this, including not for any misuse of information.
Bom-B Music is not liable for any damages whatsoever resulting from the unauthorized acquisition of personal data by third parties, such as hacking our database. If you have granted third parties access to your account and you abuse this, Bom-B Music cannot be held liable for this. If you provide (personal) data to a Teacher, you do so entirely at your own risk, Bom-B Music will not be responsible or liable for any damage resulting from this.
What happens during the music lesson is the responsibility of the User and the Teacher. We, therefore, advise the Users and Teachers to take out liability and accident insurance.
Bom-B Music does not enter into any agreement(s) on behalf of and/or for the benefit of the Teacher or the User of the (music lessons) service. Users and Teachers enter into a direct agreement (teaching Agreement) with each other. Because we are not a party to this agreement, we are not responsible and/or liable for the manner of execution and/or completion of this agreement and/or the (sitting) service.
Bom-B Music expressly rejects all possible claims for liability of any kind, including claims, services, direct or indirect damages, whether intentionally or unconsciously, with or without indications, disclosed or not, in any way whatsoever in relation to the above-mentioned matter.
If there are complaints about the way in which a service is performed and you cannot find a solution together, we ask you to report this to us, so we can then mediate in disputes between the User and the Teacher.
Bom-B Music is never liable for indirect damage, including consequential damage, delay damage, reputation damage, lost turnover/profit, lost savings, pure financial damage, loss of data, and immaterial damage related to or resulting from the use of the Site.
Dutch law shall apply to the Teaching Agreement.