TERMS & CONDITIONS

Definitions

The terms below will appear regularly in these General Terms and Conditions. We will use them in the following sense unless stated otherwise.

Terms of Use: These General Terms and Conditions for the user of the online Bom-B Music Site.

Bom-B Music: Kruisstraat 313D, 3581GK Utrecht, info@bom-bmusic.com +31639316802, KVK Number: 68384785. Bom-B Music also referred to as ‘us’, ‘our’ or ‘ours’.

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.

Skills: Mastery of artistic craft and talent(s). Besides offering professional and reliable music education, the Teacher helps students developing personally, boosting their creativity, and discovering their own talents.

User Agreement: The Bom-B Music Agreement and these Terms of Use apply as an agreement between the User and Teachers.

Bom-B Music Agreement: the agreement for services between the User and Teachers.

Who are we and what is our mission

Who we are

Bom-B Music: Kruisstraat 313D, 3581GK Utrecht, info@bom-bmusic.com, +31639316802, KVK Number: 68384785

The academy provides students with a suitable music Teacher that fulfills their music education needs. 

Our mission

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

By booking one of the services, you automatically accept the Terms of Use and the Privacy Statement and are ready to access our services.

With the acceptance of the booking and confirmation, an agreement has been reached between us, the User, and Bom-B Music, the so-called User Agreement. These Terms of Use shall be deemed to be an integral part of this established User Agreement.

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.

Conditions for access to the Site

As we already mentioned, a prerequisite for access to our services is to comply with our Terms of Use. We may also, without giving any reason, deny you our services in the future.

The information you keep and give as the User must be complete, correct, up-to-date, truthful, and proven on the first request of Bom-B Music. You are responsible for this yourself! Each User must have parental authority and may only be registered once.

We will only help you personally, as a User in providing the need to find and book a music Teacher with skills. Therefore, you may not use our Site for commercial purposes without our permission.

Important warning!

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.

Finding and booking music lessons. Formation of a teaching Agreement

Method of operation

Our objective is matching you as a User of our Site to that caring, professional, talented Teacher that suits you or your children. This is a matter of demand (User) and supply (Teacher). We only offer an independent Site and consultancy to connect Users and music Teachers that are aligned with our vision of music and art.

By booking a service, you come to an Agreement with a Teacher, once they accept your booking request.

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.

Finding and booking music lessons

On our platform, you can book a trial lesson (if possible and according to availability) with a music Teacher that you would like to eventually make a trial lesson request with. 

The Teacher decides independently whether they can confirm and carry out the service. Bom-B Music has no opinion or influence on this. If a music Teacher rejects the booking request, you can of course immediately get in touch with us and we will do our best to find a suitable Teacher for you or your child.

Formation of music lessons Agreement

By making a booking request for any type of lessons through the Site and/or through consultancy, the User accepts the terms and conditions of the User Agreement. By accepting the booking request, the Teacher agrees to the terms of the teaching Agreement.

Therefore when the Teacher accepts the booking request, a teaching Agreement between the User and the Teacher is automatically established.

Important warning!

Bom-B Music will not be involved in the contract between the Teacher and the User. The relationship between Bom-B Music and the Teacher does not qualify as an employment contract under any circumstances.

Executing the service

If all went well, you have now booked our music lessons and the teaching Agreement has been established between you.

When booking music lessons for the first time, we encourage all parties to get to know each other.

As a User you are obliged to provide all information and resources necessary for the Teacher to perform the service properly. The Teacher makes sure the needed material is provided for the service to take place, with the help of mediation and advice through Bom-B Music. In our case, the Teacher’s own instrument or a computer if it is a music production lesson, will suffice.

Make sure that the arrangements you make with the Teacher are not in conflict with laws and regulations. If we discover that such arrangements have been made, this will be considered as a breach of contract on the basis of which this User Agreement will be terminated immediately and without any notice.

The Teacher will perform and execute the service entirely according to his/her own idea, insight, and for his/her own account and responsibility. We screen our Teachers but have no control or interference over how they perform the service. We do not check whether the teaching Agreement is complied with. As a User, you must determine whether everything has been carried out in accordance with the agreements you have made. You can always contact us via info@bom-bmusic.com about this. We will do our utmost best to answer any of your questions and will deal with complaints. Bom-B Music determines whether the question and/or complaint is well-grounded.

Quality assessment of the service

As a User you can express your opinion through info@bom-bmusic.com about the quality of the teaching service. The purpose of this is to make sure the service is maintained at the highest level. The assessment and service should in no case relate to the Teacher as a person, but it should relate to him/her as a teacher and to the music lessons service provided.

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.

The limitations of our liability contained in these Terms of Use do not apply in the event of intent and/or gross negligence on the part of Bom-B Music in the execution of the User Agreement.

Indemnification

The User indemnifies Bom-B Music against any claims of third parties, who suffer damage in connection with the use of the Site by the User, the execution of the User Agreement, and/or the teaching Agreement.
If Bom-B Music is being sued by a third party, the User is obliged to assist Bom-B Music both inside and outside the court and to immediately do all that may be expected of the User. If you, as a User, fail to take adequate measures, then Bom-B Music, without notice of default, are entitled to do so themselves. All costs and damage incurred by Bom-B Music and third parties as a result are entirely at the expense and risk of the User. Once again, both the User and Teacher are responsible for taking out accident and liability insurance.

Revocation

As a User you can, according to law and without giving any reason, revoke the User 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.

Unfortunately, it is no longer possible to revoke a booking request within these fourteen days, when it has been accepted by the selected Teacher. If the last, fourteenth day, falls on a weekend or a national holiday, then the reflection period ends on the next working day.

Bom-B Music will refund you with the amount of the lessons remaining.

Cancellation of a scheduled lesson

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.

Invoicing and payment

Bom-B Music works on a prepaid basis. After purchasing one of our services, an invoice will be sent to you. The User will be informed by email, and possibly reminded later, when their remaining lessons are coming to an end so they can purchase a new lesson pack. Bom-B Music pays Teachers monthly according to their hourly rate.

Prices

  • Trial lesson (30 minutes) 15€
  • Single lesson
    • 30 minutes 25€
    • 45 minutes 37€
    • 60 minutes 50€
    • 90 minutes 75€
  • 10 lessons packs (10% off)
    • 30 minutes 225€
    • 45 minutes 337€
    • 60 minutes 450€
    • 90 minutes 675€
  • Bands/ensembles
    • 60 minutes 80€
    • 90 minutes 120€

These prices include the costs of Bom-B Music for assistance with administrative procedures. The amount of the total transaction fee charged by Bom-B Music depends on the type of the service.

Objections of the User to the invoiced amount must be reported to Bom-B Music in writing within 30 days after the date of the invoice.

Suspension and dissolution

Bom-B Music may refuse a booking of a User, temporarily or permanently deny the User access to our music teaching software, or immediately and with immediate effect terminate the User Agreement if:

  • The User does not, not fully or not timely fulfill his obligations;

  • There are circumstances on the basis of which Bom-B Music fears that the User will not fulfill his/her obligations;

  • The User acts in violation of the Terms of Use;

  • Bom-B Music receives a complaint(s) about the User from a Teacher(s) that are considered to be justified;

  • The User acts contrary to any legal regulation or acts contrary to good morals or public order.

Changes

Terms of Use

Bom-B Music expressly reserves the right to change the Terms of Use applicable to the User from time to time. The amended Terms of Use apply to the existing User Agreements. Bom-B Music will inform the User in writing of the upcoming amendments to the Terms of Use. The changes will take effect thirty (30) days after the announcement. If you do not wish to accept the changes, you can cancel the User Agreement in writing by that date until the date on which the new conditions come into force.

Teaching Agreement

Bom-B Music is entitled to amend the teaching Agreement in accordance with legal requirements. Bom-B Music will notify the User and Teacher in writing of the upcoming changes to the teaching Agreement. The changes will come into force thirty (30) days after their announcement. The User and Teacher automatically accept the changes if they do not contradict them within thirty days of the announcement. Changes do not have a retroactive effect, they are always valid for the future.

Price changes

Bom-B Music expressly reserves the right to change the prices mentioned on the website www.bom-bmusic.com. Prices of our service and/or parts thereof can be changed at any time. Price changes will take effect thirty (30) days after the written notification to the User.

Dispute settlement

All disputes between Bom-B Music and the User and/or between Bom-B Music and Teacher will be submitted to and settled by the competent court in Utrecht unless mandatory law stipulates that the dispute must be submitted to another court. Should one or more of the provisions in these Terms of Use appear to be or have become partially null and void, we (User and Bom-B Music) shall remain bound to the remaining part.