Terms of service.
Pop up choir App- Terms & Conditions
0. Key terms and Definitions
0.1 User: Inclusive of music supplier (musician) and (event planner) venue manager, event planner, talent manager & casting agent etc.
0.2 Client: Anyone procuring services from a music supplier registered with Pop up choir including venue manager, event planner , talent manager & casting agent etc.
0.3 Music supplier: Any provider of music services registered with Pop up choir.
0.4 Event Planner: Any individual who may be planning any event, project or production including a wedding, etc sourcing music suppliers TV and film work
0.5 Any reference to ‘us’, ‘we’ or ‘our’ is regarding Pop up choir, The app and the website popupchoir.co.uk
0.6 Package: A bookable service, created by the music supplier or venue manager. Includes, but is not limited to, images, description and pricing.
0.7 Deposit: Paid by the client, or fellow musician to secure the booking and confirmed by the music supplier
0.8 Confirmed Booking: When the supplier accepts the booking from the client.
0.9 Client Protection: Should the booking be canceled by the supplier for whichever reason, the client will receive their deposit back in full from Pop up choir.
0.11Cancellation: Whether this is by the client or music supplier, this refers to when the booking previously agreed on between the two is no longer going ahead.
0.12 Offline Payment: Should the client provide Pop up choir with extenuating circumstances in which the deposit cannot be paid via the app then the payment can be dealt with between the parties without the input of Pop up choir.
0.13 Provisional Booking: Prior to confirming the booking with a deposit payment, the client can make a temporary booking. They are not obliged to go ahead with this booking until they pay a deposit and this is confirmed by the music supplier
0.14 Deposit: This is releaased on agreement to secure a booking. This payment is not released until the booking is agreed and confirmed as complete. This means pop up choir takes full control of payment distribution to music suppliers.
General Client Ts & Cs
1. Acceptance to the T&Cs
1.1 Pop up choir reserves the right to remove or terminate any profile (music supplier or client), without a refund, if a user breaks the Terms and Conditions. This includes but it is not limited to, unsatisfactory work quality, harmful, explicit or violent content, identity fraud or copyright infringement, attempting to circumvent the verification process, putting other users at harm, providing information that goes against the T&Cs, preventing any user from using or enjoying the platform, impersonating any user whether it be employee, supplier or client. This extends to the entire period that an account has been active, including the time between the booking and deposit payment, up to the event/project dates themselves.
1.2 Pop up choir content is owned exclusively by Pop up choir
1.3 By accepting these terms and conditions, you also accept our privacy policy and our cookies policy.
2. Licence to use this application
2.1 You represent that you are legally able to accept these Terms and Conditions, are of legal age to form a contract, which here is 18+. If you are not of legal age, you are breaking the terms and conditions of Pop up choir and your account may be terminated.
2.2 You must not falsify your identity or misrepresent yourself on the site, including on your Pop up choir public profile account. You must not provide us or other users with false or misleading information, including personal details. All information must be true and correct at the time of submitting this information. You have the right to update this information if it is incorrect.
2.3 The website and app is brought to you as our latest update, you must not copy, print, download our content for your personal use without first retaining all copyright and other proprietary notices contained thereon.
2.4 If you are using our website on behalf of a business, company, charity or other organisation then the organisation in question is also subject to these terms and conditions.
2.5 You must not use unauthorised means to access the Pop up choir website, app, employee accounts, or any computer system connected to Pop up choir and it’s technologies
2.6 You must not post any content or take any action that contains malware, spyware or code that will affect the website/app in a way deemed harmful.
2.7 You must not reproduce or copy this website/app, any of its contents or users without first receiving written and signed prior consent. If you do copy anything, you are responsible for anything that you copy or reproduce and this is not associated with Pop up choir in any way. You may also be held liable for copyright infringement.
2.8 We are not responsible for any harm, virus etc that occurs to your computer, tablet, mobile or any device that you use to access our emails or the website.
2.9 Pop up choir is intended for business and professional entertainment use only and as such only persons who are 18 or older and/or are Corporations, Government agencies or instrumentalities, charitable institutions, partnerships, companies and sole traders and independent artists will be permitted to become Members and undertake transactions as Guests or Hosts on the Site. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
3. Changes to the T&Cs
3.1 We reserve the right to change the terms and conditions of the Pop up choir website at any time and without prior notice. By continuing to use the site, you are accepting the modified terms and conditions.
3.2 If you do not agree to the changes, you should not continue to access the application.
4. Material and Content
4.1 All information or advice given or through emails is offered as impartial advice.
4.2 You must not post any content (including text or photographs) that can be deemed offensive, illegal, harmful or damaging.This includes but is not limited to nudity and violence. Pop up choir has a right to remove any content from your Pop up choir profile and account at any time if it does not adhere to the terms and conditions.
4.3 You must not give out sensitive personal information beyond that which is necessary to facilitate safe bookings. When you agree to collaborate officially or accept a booking, your contact information will become visible to the agreeing party
4.4 You are solely responsible for your actions and interactions with other users on the Pop up choir app and at booked events. While our support team is there to assist with your event, they are in no way responsible for users and have no obligations to monitor disputes between users.
4.5 Responsibility for what is posted on public areas of the website lies with each individual user. We do not control the material that you or others may post, though this will be periodically moderated to ensure the safety and security of our users.
4.6 If you are not the sole user of your Pop up choir account, you have responsibility for what others post on your account. If you feel your account has been compromised, please get in touch with the support team as soon as possible.
4.7 Pop up choir does not own the content provided by our users. However we do have the right to review and remove it wherever necessary.
4.8 All photographs of minors must have parental or guardian permission before being posted on the app.
5. User Registration and Login
5.1 In order to use different areas of the app you will be required to provide us with personal and demographic information as part of the registration process. You will be required to create a password and use it to log on to the app. We will verify every new profile and reserve the right to disapprove users that do not meet our standards. Approval is not guaranteed. Should you be unsuccessful in gaining access to the platform we will offer feedback and accept a resubmission in 30 days.
5.2 Your password should be protected and you have the right to change your password at any time.
5.3 You are responsible for all activity that occurs through your Pop up choir account, whether authorised or not. Therefore please protect your account with a valid password, we are not liable for any loss or damage that comes about as a result of failure to protect your password.
5.4 If you notice any unusual activity on your account then you have the right to notify Pop up choir of this immediately by emailing support@popupchoir.co.uk
5.5 When giving us your phone number you agree that we can contact you at any time while your account is still active by both text and phone call.
6. Pop up choir Role and Rights
6.1 Pop up choir reserves the right to monitor interactions and conversations on the website between musicians, clients and suppliers in order to ensure a safe environment for all users.
6.2 Pop up choir is not responsible for any direct, indirect, incidental or consequential damages, including but not limited to loss of profit.
6.3 Although we have the right to moderate content on the site, we have no authority to make binding commitments, representations or promises on behalf of any user. We are unable to commit to a booking on behalf of a user, this must be confirmed and agreed by both client and music supplier.
6.4 We are under no obligation to provide additional checks to verify the identities, backgrounds, documentation, legal status or credentials of users (suppliers and clients). Any checks must be carried out by the users themselves before a booking has been made
7. Cancellations and changes
7.1 In the case of music service supplier cancellation, the client is fully protected by our Client Protection Initiative
7.2 In the case a music supplier cancels a booking within 21 days of the event date, they will be charged a cancellation fee. This cancellation fee will be 5% of the overall quote. Their profile will be suspended until this has been paid.
7.3 In case of cancellation, you must notify the client support team on support@popupchoir.co.uk as soon as possible, failure to do so may result in the suspension or termination of your account.
7.4 Any changes in quote pricing must be discussed with both clients and music suppliers. If any changes in the quote price have been made, you must notify Pop up choir immediately so that we can update the records.
7.5 All cancellations need to be confirmed by both parties in writing.
8. Disputes
8.1 As Pop up choir takes the deposit and balance payment when processing bookings we can ensure payment is sent only on completion of work; in the event of a cancellation, we issue a full refund. In the event of a dispute we may negotiate a full or partial refund depending on the circumstance which we will assist to investigate. We are not responsible for the recovery of any payment agreements made outside the platform.
8.3 Pop up choir may advise parties to proceed with other means, including but not limited to a Small Claims Court. In this case, Pop up choir has the right to provide any evidence or information needed but this does not mean that Pop up choir will get involved with either side of the dispute.
9. Payment
9.1 All payments made through the app are handled securely through our Escrow system.
9.2 Any payments made directly to the music supplier and away from the Pop up choir app will not be covered with the Client Protection Initiative, unless they are notified and agreed with the client support team as an offline booking.
9.2 If you believe you have been falsely charged, please contact us immediately and wait at least 2 business days before taking any further action.
10. Termination of your account
10.1 We have the right to terminate, suspend, deactivate a user's account for any reason that breaks the terms and conditions.
10.2 You will not be entitled to any compensation as a result of bookings canceled by you or as a result of terminations or suspension.
10.3 Attempts will be made to notify you prior to terminating your account, but this is not something that is guaranteed.
10.4 If you think that your account has been wrongly suspended or terminated, you have the right to dispute this with the Pop up choir Team, though your account may not be reinstated.
10.5 Pop up choir may operate with a 3 strike system for users who do not cooperate with the terms and conditions provided by Pop up choir
10.6 Users will receive a strike for each instance that they do not correspond with the terms and conditions set out by Pop up choir and these will be brought to the attention of the user in the form of a written email or phone call from the Pop up choir support staff.
10.7 Should any user exceed 3 strikes, given to them by Pop up choir , then we reserve the right to remove your account permanently from the website.
10.8 These strikes may be removed from a record, but it is up to the Pop up choir support staff as to whether they will be removed.
11. Disclaimer
11.1 Any user of the Pop up choir app and website does so at their own risk. You must acknowledge and agree to these terms and conditions before moving forward with the Pop up choir app.
11.2 The advice and support from Pop up choir given to its users is to be considered by the user before use in any given situation.
11.3 Users are solely responsible for all communications, contractual agreements and interactions with other users of the Pop up choir app and website. Users will understand that any and all communications are not a reflection of Pop up choir own thoughts, opinions or idealisms.
11.4 Pop up choir does not take responsibility for any loss of profits or services that clients/music suppliers may experience during their time on the Pop up choir app/website
11.5 Pop up choir remains under the controlling law and jurisdiction of England and Wales, therefore these terms will be governed by the laws of England and Wales.
12. Force Majeure and Acts of God
12.1 Pop up choir is not responsible for any cancellations or postponements that may occur as a result of any unforeseen events or acts that may prevent booking from going ahead.
12.2 These events or acts may include but are not limited to war, riots, fires, floods, death, hurricanes, typhoons, epidemics, pandemics, quarantines, lockdowns, earthquakes, lightning, explosions, strikes, lockouts, prolonged shortage of energy supplies, and acts of governmental action prohibiting or impeding any party from performing its respective obligations.
12.3 When any acts as such do occur the users recognise that Pop up choir and the Music Supplier/ Clients T&Cs, privacy policy and any further contracts still stand.
12.4 Pop up choir are under no obligation to provide any refunds, discounts or vouchers to clients whose bookings may no longer go ahead due to these unforeseen events.
12.5 All clients and music suppliers recognise that while the client and supplier support teams are there to help and assist in anything they can. It is also the responsibility of the parties individually to get in touch and discuss options regarding the bookings in question; the T&Cs and any cancellations or postponements.
12.6 All users recognise that payments, refunds, scheduled standing orders or other payments may be affected, delayed and deferred due to such acts.
12.7 In such cases, the full fee may not be refunded to clients with refundable bookings. If it is refunded then there may be a delay in the processing of this.
12.8 While Pop up choir will remain as operational as possible during these unforeseen circumstances, the users recognise there may be a delay in processing, email and phone communications and website updates.
12.9 Each case may be reviewed individually and it is up to the Pop up choir support team’s discretion as to how to proceed with each of the bookings.
12.10 Pop up choir will endeavor to keep you up to date with any processes, changes and issues that we are experiencing at this time and you may be notified by phone, text or email as to how we will proceed. There may be a delay in this communication, and all users still have the right to make contact at any time.
Music Supplier T&Cs
1. Introduction to the supplier T&Cs
1.1 WhilePop up choir allows for a safe space for users to interact, collaborate and promote music talents and services Pop up choir is not an agency and does not represent any party. We are not a client or music supplier
1.2 Pop up choir does not represent you as music suppliers, but you do represent and reflect on Pop up choir, so you must adhere to our Terms and Conditions and our Codes of Good Practice. Pop up choir reserves the right to remove or terminate any profile (music supplier or client), without a refund, if a user breaks the Terms and Conditions. This includes but it is not limited to, unsatisfactory content quality, identity fraud or copyright infringement, attempting to circumvent the verification process, putting other users at harm, providing information that goes against the T&Cs, preventing any user from using or enjoying the platform, impersonating any user whether it be employee, supplier or client. This extends to the entire period that an account has been active, including the time between the booking and deposit payment, up to the event/project dates themselves.
2. Usage of the Pop up choir app
2.1 You must not provide personal details, contact information to the client until a booking contract has been made and confirmed. This is to ensure safety and security of your personal data. By downloading this app you consent to your profile being viewed and to other users reaching out to request collaboration or send a message.
2.2 You must confirm that you, and anyone that you represent is properly qualified, insured, experienced and licenced, as required by the laws applicable to the services that are being offered and the location in which it is being delivered.
2.3 Music Suppliers recognise and understand that signing up to the app/website and sending a quote does not guarantee messages/ quotes will be seen and it does not in any way guarantee work for the suppliers.
2.4 Failure to maintain your Pop up choir profile will result in termination of your account. This includes, but is not limited to, not including at least one image on your account, not updating your account with the latest information, not making us aware of any information that might have changed.
2.5 You give us full permission to change or add information to your public profile page at our discretion and use the information on the website posted as your ‘official website’ in order to increase the quality or presentation of your public profile.
2.6 You must not post, distribute, or reproduce trademarked or copyrighted material without first obtaining the prior consent of the owner.
2.7 Reviews may only be posted by legitimate clients and other users who have booked you for services. If you post false reviews, your account may be terminated for improper use, without refund. But you may dispute any review you feel to be fraudulent.
2.8 You will respond fully, truthfully, and within three business days to any request for information or other inquiry from Pop up choir Ltd
2.9 If your Pop up choir profile has been inactive for 6 months then your profile page may be hidden from clients in the catalogue and you may not get bespoke requests.
2.10 By agreeing to these T&Cs you agree with our Client Protection Initiative
2.11 By submitting content to the Pop up choir app, you are granting us the freedom to use such material for business purposes in any form, in any media via whichever technology we choose.
3. Sending Quotes and making contact with Clients
3.1 You must not post quotes that promote products or services that can not be offered by you.
3.2 You must not contact a client outside of the website or share your contact details with them before booking has been made. Please get in touch with a Pop up choir Team member if a client asks you for your contact details before making a booking.
3.3 You must not contact a client with an offer, suggestion or advice to book outside of the Pop up choir platform. This action goes against our use policy and may result in your profile being terminated
3.4 You must not contact clients asking them to book away from Pop up choir or other suppliers on the Pop up choir app
3.5 You will not resell or re-offer any lead you receive to other suppliers, vendors or service providers.
3.6 All travel fees, extra costs, VAT etc, should all be included in any quotes you send to the client. If a quote price needs to be adjusted before the client makes a booking, please let one of the team know immediately via support@popupchoir.co.uk
4. Confirming a Booking and Event Protocol
4.1 All payments must be made via the pop up choir platform, this ensures that music suppliers always get paid and that clients are always protected. We request payment in two parts for every gig. The first is a deposit of 30% and a balance of 70%. You will be notified when a client pays you and you will receive payment after completing the work.
4.2 By representing your brand on Pop up choir, music suppliers must act in a professional manner at all times, provide the highest level of service for all events, co-operate to understand the needs of the client, communicate at all stages of the booking and perform to a high standard to maintain profile status.
4.3 If you do not show up to an event/casting without notifying the client your profile may be terminated immediately. This is essential for helping us maintain a high standard
4.4 After a booking has been made you must contact the client to ensure you have all necessary information to complete the booking as requested.
4.5 You must get in touch with the client to discuss and plan event details as soon as possible, if you do not get in touch the booking may be cancelled and the deposit refunded to the client. If you do not have the client’s details or you are unable to get in touch please contact a member of the Pop up choir support team for assistance.
5. Cancelations
5.1 You agree that Pop up choir reserves the right to cancel any booking, request a refund or issue a refund for any event booked through the site.
5.2 If you cancel a booking, you must notify the Pop up choir team immediately in line with our Client Protection Initiative
5.3 If you cancel a booking within 21 days of the event date, you will be charged a cancellation fee. This cancellation fee will be 5% of the overall quote. Your profile will be suspended until this has been paid.
5.4 You understand that if you cancel a booking for whatever reason, then the deposit will be refunded to the client by Pop up choir and you will not be paid.
5.5 If a client cancels a booking, it is up to you as to whether you wish to refund the deposit. This will depend on what you set in your cancellation Terms and Conditions. In this event we will issue a refund to the client on your behalf.
5.6 Once you agree to provide a service, you are contractually obliged to fulfill it. If you do not attend a prearranged event or deliver an agreed project without prior notice, your account may be suspended or terminated depending on the severity of the case.
6. Membership and Subscriptions
6.1 You are responsible for paying all relevant subscription fees to Pop up choir as set by our payment and pricing terms. All payments are made electronically as specified by Pop up choir . You agree that we may charge your chosen billing method the membership fees owed.
6.2 You agree to keep all billing information up to date and accurate.
6.3 Pop up choir Pop up choir has the right to change services at any time. We have the right to alter pricing at any time. You may be notified of this change before it happens.
6.4 You agree that the Pop up choir subscription fees on the premium plans inclusive of VAT (from April 2nd 2021) will be taken from your nominated payment method. You also agree that a fee of 5% of services value will be deducted for any short notice cancellations/no shows by you
6.6 Pop up choir accepts the following forms of payment for memberships: Visa, Mastercard and American Express only.
6.8 All memberships will be automatically renewed for the same amount of time that was first established (6 monthly/annually).
6.9 You have the right to cancel your membership at any time via the membership page.
6.11 All membership fees are non-refundable unless previously stated in writing by a member of the Pop up choir team. The ultimate decision regarding any membership refunds will be entirely down to the supplier support team.
7. Disputes
7.1 If you are in dispute with another party regarding a booking on Pop up choir please make the supplier support team aware immediately.
7.2 Even though we will look into the situation for you and provide support wherever possible, we may not always be able to reach a solution and would advise that all disputes should be taken up with the clients directly.
7.3 If a client asks for a refund, and the event has gone ahead as planned. We will investigate the reasons for requesting this and try to come to a resolution. Whether a full, partial or no refund is given will depend on the circumstances.
7.5 Disputes are handled on a case-to-case basis, Pop up choir will offer assistance to our client, but we may be limited in how we can assist our users with any dispute with a client.
7.6 We are not responsible for any accounts made by music suppliers with ongoing medical conditions including but not limited to poor mental health issues or dementia, or those under the influence. Any supplier that is deemed unfit to have an account with us will be removed.