STANDARD TERMS AND CONDITIONS
Standard Terms and Conditions
1. YOUR AGREEMENT AND ACCEPTANCE
1.1 The Booking Agreement between the Client and Neo Music Production Limited shall be governed by these standard Terms and Conditions including without limitation the provisions relating to intellectual property rights and usage rights in the provisions of the services identified in the Booking Agreement.
1.2 These standard Terms and Conditions may be amended or revised from time to time at any time without notice, and such amendment or revision shall be effective and binding upon posting onto our website at http://www.neomusicproduction.com/standard-terms--conditions. It is therefore important that you review these Standard Terms and Conditions regularly to ensure you are updated as to any changes. Your engagement of our services identified in the Booking Agreement signifies your agreement to and acceptance of any revised terms and conditions.
2. PAYMENT TERMS
2.1 The Client agrees to make payment in accordance with the terms set out in the Booking Agreement.
3. CANCELLATION
3.1 In the event of cancellation by the Client, the cancellation fees set out in the Booking Agreement shall apply.
3.2 In the event that the Client wishes to cancel the performance of the services, the Client is to provide a written cancellation notice to Neo Music Production Limited. Cancellation is only taken to be effective upon the date of receipt of the written cancellation notice by Neo Music Production Limited.
3.3 Neo Music Production Limited reserves the right to cancel the performance of the services at any time up to actual date of performance. Neo Music Production Limited will not be liable for any losses or damage of any kind, not excluding any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), incurred as a result of the cancellation of the performance of the services.
3.4 Neo Music Production Limited will refund the deposit paid by the Client in full within 7 days from the date of notification to the Client to cancel the performance of the services.
4. ABSENCE
4.1 The parties agree to positive cooperation and communication for the best possible results. Neo Music Production Limited is not responsible for the absence of any members of the performing band on the actual date of performance.
4.2 In the event that any member/s of the performing band is absent on the actual date of performance, Neo Music Production Limited accepts no responsibility for any losses or damage of any kind, not excluding any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), incurred as a result of the absence of the member/s.
4.3 In the event that any member/s of performing band is absent on the actual date of performance, Neo Music Production Limited shall best endeavor to find a replacement/s for the absent member/s, should replacement/s not be obtained, Neo Music Production Limited will endeavor to complete the performance to the extent reasonably possible.
5. COPYRIGHT
5.1 The Client shall have no right to record the performance by the performing band (unless otherwise agreed in writing by Neo Music Production Limited) and in the event where Neo Music Production Limited agrees to such recording, the Client shall have no right to reproduce, or to authorize the reproduction of, by any means whatsoever of all images, recordings and video footages of the performance by the performing band other than for personal non-commercial use. The Client further agrees that the prior written consent of Neo Music Production Limited is required where the Client intends to sell the images, recordings and video footages of the performance by the performing band, or use them for public viewing purposes.
5.2 The Client agrees and confirms that all intellectual property rights relevant to the performance of the services belong to Neo Music Production Limited. The Client further agrees to give Neo Music Production permission to use any and all images from the actual day of the performance, both photographic prints and digital images and videos or other recording media, in their advertising, studio, literature, event exhibitions, editorial, trade or any other purpose and in any manner and medium. The Client hereby releases Neo Music Production Limited and its legal representatives and assigns from all claims and liability relating to said photographs, videos or other recording media. It is agreed that Neo Music Production Limited may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, store fronts, window displays, studio display, television advertising, magazine advertising and any other commercial or promotional purpose thought proper by Neo Music Production Limited. The Client does not expect any compensation of any kind and there shall be no expiration period for this permission.
5.3 The Client is solely responsible for obtaining all relevant and applicable licenses for the performance of the songs, compositions or howsoever defined within the industry by Neo Music Production Limited, including obtaining the necessary clearances to perform from the relevant authorities. The Client also agrees to bear all costs necessary to obtain all relevant and applicable licenses under this Clause 5.3.
6. SONGS SELECTION (IF APPLICABLE)
6.1 The selection of the songs to be used in the performance will be decided by Neo Music Production Limited. The Client is welcome to provide feedback on the selection of the songs, but the final decision on the selection of the songs to be used on the actual day of the performance lies with Neo Music Production Limited.
6.2 Neo Music Production Limited reserves the right to make changes to the Song List without prior notice to the Client. In the event of any changes to the Song List under this Clause 6.2, Neo Music Production shall best endeavour to ensure that the songs in the Song List is appropriate for the occasion.
7. OVERTIME CHARGES
7.1 In the event where the performance extends beyond the agreed upon as set out in the Booking Agreement, overtime charges will be billed in accordance with the terms set out in the Booking Agreement.
7.2 Neo Music Production Limited may agree to waive the overtime charges or offer a discount to the Client, however until such confirmation has been communicated to the Client, the Client is liable for the full amount of the overtime charges.
8. HOUSE RULES
7.1 In the event where the performance extends beyond the agreed upon as set out in the Booking Agreement, overtime charges will be billed in
8.1 The Client accepts that Neo Music Production Limited is limited by the guidelines and the technical setup of management of the premises where the performance is to take place. The Client agrees to accept the results of such imposition on the quality of the performance of the services.
8.2 Negotiation with the relevant person/s for moderation of guidelines and any changes in the technical setup is the Client’s sole responsibility.
9. EXCLUSION OF LIABILITY
9.1 Neo Music Production Limited shall not be liable for any loss of business, profits or goodwill or any indirect or consequential loss or damages whatsoever suffered or incurred by the Client in the course of providing the services specified in the Booking Agreement even if the Client has been apprised of the possibility of such damages or losses.
10. INDEMNITY
10.1 The Client shall indemnify and hold Neo Music Production Limited, its affiliates, and their respective directors, officers, employees and shareholders harmless against and all actions, proceedings, demands, claims, liabilities or damages, costs or expenses whatsoever or howsoever arising as a result of any negligence, omission, breach or non-compliance by Neo Music Production Limited of these standard Terms and Conditions and also in connection to the performance of the services as stipulated in the Booking Agreement, including without limitation, those arising from or in connection with third party claims for breach of contract, defamation, failure to obtain the relevant licenses, the infringement of any patent, trademark, copyright or other intellectual property rights.
11. MISCELLANEOUS
11.1 This standard Terms and Conditions and the Booking Agreement (collectively known as the “Agreement) shall be read as a whole together with any appendixes, supplemental, amendments or modifications agreed in writing and signed by both parties.
11.2 The failure of Neo Music Production Limited to enforce any provision of this Agreement will not be construed as a waiver of Neo Music Production Limited’s right to enforce that provision or any other provision of this Agreement, and will not operate as an amendment to this Agreement.
11.3 If any provision of this Agreement is held invalid by a court, then the remaining provisions will remain in full force and effect.
11.4 This Agreement may not be modified, amended or changed except in writing signed by both parties.
12. APPLICABLE LAW - JURISDICTION
12.1 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. The parties hereto irrevocably agree that the courts of Hong Kong will have exclusive jurisdiction to determine any claim or matter arising under or in connection with the interpretation or implementation of this Agreement or the exercise of any rights or the performance of any obligations arising under this Agreement.