Standard Membership Terms for Teachers and Music Schools

As Updated on 24 August 2024

INTRODUCTION

By activating, purchasing, renewing, or using a membership with Music Lessons Limited, you (the “Member,” including both Teachers and Music Schools) acknowledge and agree to be bound by these Standard Membership Terms for Teachers and Music Schools (the “Agreement”). This Agreement governs your access to and use of the Music Lessons Limited platform, including the creation and management of your Music Teacher Profile or Music School Profile.

You agree that this Agreement is legally binding and enforceable between you and Music Lessons Limited. If you do not agree to these terms, you must not purchase a membership, and any existing membership must be cancelled immediately in accordance with the cancellation provisions herein.

1. INTERPRETATION 

MUSIC LESSONS LIMITED: MUSIC LESSONS LIMITED (Quayside House, 5 Highland Terrace, Barrington Street, Tiverton, EX16 6PT. Registered in England and Wales. Company Registration Number: 12549278).

WEBSITE: The domain names associated with MusicTeacher.com, including its platform and teacher database.

MEMBERSHIP: The subscription that grants access to the Music Lessons Limited platform, including the creation and maintenance of a Profile, and potential student referrals.

MEMBERSHIP FEE: The annual subscription fee paid by the Teacher or Music School to Music Lessons Limited for membership and access to the MusicTeacher.com platform.

PROFILE: The online presence or listing of a Teacher or Music School on the Music Lessons Limited platform, which includes, but is not limited to, personal information, professional qualifications, lesson offerings, and media content.

ACCOUNT: The online user account created by a Teacher or Music School on the Website platform. The Account is associated with the Member’s Profile and is used to manage their subscription, update Profile information, communicate with Referred Students, and access other features provided by Music Lessons Limited. The Account is protected by a username and password, and it is the responsibility of the Teacher or Music School to maintain the security and confidentiality of their Account credentials.

TEACHER: An individual who subscribes to the Website for membership and the opportunity to be referred students. A Teacher typically offers one-on-one or group lessons in one or more Instruments. The Teacher is responsible for providing instruction during Lessons, managing their Profile and Account, and adhering to the terms set forth by Music Lessons Limited.

MUSIC SCHOOL: An organisation or entity, whether a sole proprietorship, partnership, corporation, or other legal entity, that subscribes to the Website and provides music instruction through employed or contracted Teachers. A Music School may manage multiple instructors, offer a range of Instruments, and provide various lesson types, including one-on-one, group lessons, and specialised programs. The Music School is responsible for maintaining its Profile and Account, managing its teaching staff, and ensuring the quality and consistency of the Lessons provided through its platform membership.

MEMBER: A subscribed Teacher or Music School.

LESSON: Any period of tuition provided by a Teacher or Music School to a Referred Student.

INSTRUMENT: Any musical instrument, including but not limited to guitar, piano, drums, voice, ableton live, accordion, bandoneon, banjo, baritone, bass, bassoon, cajon, cello, clarinet, composition, conducting, cornet, cuatro, daf, djembe, double bass, euphonium, flugel horn, flute, french horn, garageband, handpan, harmonica, harmonium, harp, keyboard, kora, logic pro x, mandolin, marimba, music history, music production, music theory, oboe, organ, percussion, piccolo, quena, recorder, saxophone, setar, sitar, singing, songwriting, sound engineering, synthesiser, tabla, tenor horn, trombone, trumpet, tuba, ukulele, viola, violin, used by a Teacher or Music School when providing instruction during a Lesson.

REFERRED STUDENT(S): Any student introduced or referred to You by Music Lessons Limited through the Website or platform, for the purpose of arranging Lessons.

INTRODUCTION: The process by which Music Lessons Limited connects a Teacher or Music School with a Referred Student, typically through the provision of contact details or other relevant information necessary to arrange Lessons.

FOLLOW-UP: An attempt by the Teacher or Music School to contact a Referred Student using the contact information provided by Music Lessons Limited, for the purpose of scheduling or confirming a Lesson.

CONTENT: Any text, images, videos, or other media uploaded by a Teacher or Music School to their Profile on the Music Lessons Limited platform.

DATA PROTECTION LAWS: Refers to any applicable laws and regulations governing the protection and processing of personal data, including but not limited to GDPR (General Data Protection Regulation) in the European Union, CCPA (California Consumer Privacy Act) in California, USA, and PIPEDA (Personal Information Protection and Electronic Documents Act) in Canada.

FORCE MAJEURE EVENT: Any event or circumstance beyond the reasonable control of a party that prevents or delays the performance of its obligations under this Agreement, including but not limited to acts of God, war, terrorism, strikes, pandemics, natural disasters, governmental actions, or other similar events.

TERM: The duration of the Membership, typically 12 months, starting from the date of payment.

2. GENERAL TERMS
   1. Clause, Schedule, and paragraph headings shall not affect the interpretation of this agreement.
   2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
   3. The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
   4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
   5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
   6. This agreement shall be binding on, and inure to the benefit of, the parties to this agreement and their respective personal representatives, successors, and permitted assigns, and references to any party shall include that party’s personal representatives, successors, and permitted assigns.
   7. A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time.
   8. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
   9. A reference to “writing” or “written” includes emails.
   10. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
   11. References to clauses and Schedules are to the clauses and Schedules of this agreement, and references to paragraphs are to paragraphs of the relevant Schedule.
   12. Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.

THESE TERMS AND CONDITIONS SHOULD BE READ IN CONJUNCTION WITH THIS WEBSITE’S TERMS OF USE. IN THE EVENT OF A CONFLICT, THESE TERMS AND CONDITIONS SHALL PREVAIL.

3. MEMBERSHIP & PAYMENT
   1. Membership Fee
      1. Annual Fee:  By activating your membership or continuing into a paid period, you agree to pay the annual Membership Fee to Music Lessons Limited. Activation or payment confirms your acceptance of these terms and your commitment to comply with all the obligations set out in this Agreement. The Membership Fee covers the cost of creating and maintaining a Music Teacher Profile or Music School Profile on the Website, access to the Website platform, and the potential referral of Referred Students.
      2. Refund Policy: If you are unsatisfied for any reason within 14 days following your purchase, you may contact us for a full refund. After this 14-day period, the Membership Fee becomes non-refundable, regardless of whether any Referred Students are introduced during the membership term.
      3. Automatic Renewal: The membership will automatically renew for successive 12-month periods unless either party provides written notice of non-renewal at least 10 days prior to the end of the current term, or You cancel the automatic renewal at any point prior to the renewal date via the “Manage Membership” area of the website.
      4. No Switching Between Memberships: You may not switch between different types of memberships (e.g., from a Music Teacher Profile to a Music School Profile) during the term of your existing membership. If you wish to change your membership type, you must first cancel your current membership and then create a new membership under the desired category.
      5. Cancellation by Member: You may cancel your membership at any time by providing written notice to Music Lessons Limited or by deleting Your Account from the website. However, no refunds will be provided for any remaining portion of the membership term once the 14-day refund period has passed. Upon cancellation will no longer appear in student searches on the Website. Upon Account deletion, Your Music Teacher Profile or Music School Profile will be removed from the Website and will no longer appear in student searches.
   2. Membership Duration
      1. Term Length: The membership lasts for 12 months from the date of payment.
      2. Renewal Notice: You will receive a renewal notice at least 10 days before the end of your current membership term. It is your responsibility to ensure that payment details are up-to-date to avoid any interruptions in service.
   3. Payment Method
      1. Accepted Methods: Payment of the Membership Fee is to be made via credit card, debit card, or PayPal transaction through the payment facilities provided on the Website. Alternatively, other payment methods may be used if agreed upon in writing between You and Music Lessons Limited.
      2. Due Date: The Membership Fee is due on the anniversary of your subscription each year. If payment is not received by the due date, Music Lessons Limited reserves the right to suspend or terminate Your access to the platform and cease any Referrals until payment is made.
      3. Consequences of Non-Payment: If the Membership Fee is not paid by the due date, Your Music Teacher Profile or Music School Profile will be marked as expired and removed from student searches on the Website. This means your profile will no longer be visible to potential students, and you will not receive any Referrals from Music Lessons Limited. Access to the platform and profile visibility will be restored once the outstanding payment is received.
      4. Profile Reactivation: If your membership is cancelled or terminated and you wish to reactivate your Music Teacher Profile or Music School Profile, you will need to subscribe to a new membership and pay the applicable Membership Fee. Reactivation is subject to the approval of Music Lessons Limited and compliance with all platform requirements.
   4. Adjustment of Fees
      1. Fee Adjustments: Music Lessons Limited reserves the right to adjust the Membership Fee at the time of renewal. Any adjustment to the Membership Fee will be communicated to You in writing at least 30 days before the renewal date. Continued membership after the fee adjustment constitutes acceptance of the new Membership Fee.
   5. Termination of Membership
      1. Termination by Music Lessons Limited: Music Lessons Limited reserves the right to terminate your membership immediately if you breach any terms of this agreement, including non-payment of the Membership Fee or violation of the platform’s policies. Upon termination, your Music Teacher Profile or Music School Profile will be marked as expired and removed from student searches. Your Account may also be suspended or deleted from the website.
   6. Compliance with Platform Policies
      1. Platform Policies: As a member, you agree to comply with all platform policies, including but not limited to the Terms of Service, Privacy Policy, Cookie Policy, Acceptable Use Policy and Code of Conduct. Failure to comply with these policies may result in the suspension or termination of your membership.
      2. Policy Changes: Music Lessons Limited reserves the right to update platform policies at any time. Any changes will be communicated to you in writing or updated on the Website, and continued use of the platform after changes are made constitutes acceptance of the updated policies.
4. YOUR OBLIGATIONS
   1. Good Faith
      1. Commitment: You agree to act in good faith and use all reasonable endeavours to provide services to the Referred Students to the best of your ability. This includes maintaining professional conduct, upholding the highest teaching standards, adhering to the Code of Conduct and ensuring a positive learning experience for all students.
   2. Student Engagement and Communication
      1. Initial Contact: You agree to promptly Follow-Up on all Introductions with the goal of booking a lesson with the Referred Student. The initial contact should be made within a reasonable timeframe after receiving the student’s contact information. Timely communication is crucial for establishing a positive connection and increasing the likelihood of securing the lesson.
      2. Speed of Response: Aim to respond to any inquiries/enquiries, questions, or requests from the Referred Student as quickly as possible, ideally within one working day. Quick responses demonstrate professionalism and commitment, helping to build trust and encourage student engagement.
      3. Providing Information: During your communications with the Referred Student, make every effort to answer their questions thoroughly and provide all necessary information about your lessons, availability, and any other relevant details. Clear, informative communication helps to set expectations and facilitates a smooth booking process.
      4. Subsequent Follow-Up: If no response is received from the Referred Student after the initial contact, you are required to make at least one additional follow-up attempt within a reasonable timeframe, typically within 5 working days. This second follow-up should be polite and non-intrusive, offering the Referred Student another opportunity to engage.
      5. Minimum Attempts: A minimum of two follow-up attempts must be made before concluding that the Referred Student is not interested in booking a lesson. These attempts should be spaced appropriately to avoid overwhelming the Referred Student, while still demonstrating your availability and interest in providing lessons.
      6. Alternative Communication Methods: If the Referred Student does not respond to initial attempts via the preferred communication method (e.g., email or phone), consider using an alternative method, if available and appropriate, to ensure they receive your message. However, respect the student’s communication preferences and privacy.
      7. Respecting Communication Preferences: If a Referred Student requests not to be contacted further, you must immediately cease all further communication attempts. This request must be respected to uphold the student’s privacy and maintain the professional integrity of the platform.
      8. Documentation: You must document all communication attempts, including the dates, methods used, and any responses received. This documentation is important for record-keeping, compliance purposes, and to provide a clear history of your communication efforts, which may be referenced in case of any disputes or issues.
      9. Professional Tone: Ensure that all communications are conducted with a professional and courteous tone. Even if the student does not respond or is not interested, maintaining professionalism helps to uphold your reputation and the reputation of Music Lessons Limited.
      10. Contacting Students: It is the sole responsibility of Members to contact Referred Students to arrange lessons. Music Lessons Limited will not make contact with students on behalf of any Member or arrange lessons for them.
      11. Independent Arrangements: Members are expected to independently manage all communications, scheduling, and logistics related to the lessons they provide. Music Lessons Limited does not act as an intermediary in these arrangements and will not be involved in the coordination of lessons between Members and students.
   3. Teaching Commitment
      1. No Obligation: You are under no obligation to teach a Referred Student. However, if you decide not to teach a Referred Student, you must notify Music Lessons Limited in writing within 2 working days of the decision. This notification should include the reason for your decision not to accept the student.
      2. Record-Keeping: You shall maintain accurate and up-to-date records of all Introductions, Follow-ups, Lessons, and any other relevant interactions for accurate administration and compliance with Music Lessons Limited’s policies.
      3. Lesson Frequency: The frequency and scheduling of lessons are at your discretion.
   4. Verification Rights
      1. Right to Verify: Music Lessons Limited reserves the right to contact the Referred Student at any time to verify the accuracy of the information provided, the quality of the lessons, and the overall satisfaction of the student. You agree to cooperate fully with any such verification process.
   5. Updating Availability Status
      1. Fully Booked Status: If you are not currently accepting new students, you agree to update your Music Teacher Profile or Music School Profile by selecting the “Hide Profile” option in response to the “Fully Booked Up?” question in the “About” section of your profile. This status update informs potential students that you are not currently accepting new inquiries and helps to manage expectations for users on the platform.
      2. Profile Management: Updating your profile to “Fully Booked Up” has no impact on your membership status or fees. You may change your availability status at any time when you are ready to accept new students again.
      3. Notification of Changes: You are responsible for promptly updating your availability status on the platform to ensure accurate information is presented to potential students. This helps maintain a positive user experience and reduces unnecessary inquiries for both parties.
   6. Student Data
      1. Data Handling: You agree to handle all student data in compliance with applicable data protection laws and regulations relevant to your jurisdiction. This includes, but is not limited to, the secure storage, processing, and transfer of personal data. Where applicable, you should adhere to the principles outlined in the General Data Protection Regulation (GDPR) as a standard for data protection practices, even if you are outside the European Economic Area (EEA).
      2. Global Compliance: If you operate in or handle data from students in multiple countries, you are responsible for ensuring compliance with all relevant data protection laws in those jurisdictions, including but not limited to GDPR (European Union), CCPA (California, USA), PIPEDA (Canada), and other local regulations.
      3. Responsibility: You are solely responsible for the protection and handling of student data after the point of Introduction. Music Lessons Limited is not liable for any breaches or mishandling of data on your part. This responsibility includes ensuring that any third parties you engage with (e.g., data processors) are also compliant with relevant data protection laws.
      4. Security Measures: You shall implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage. These measures should be appropriate to the level of risk associated with the data you handle and should be regularly reviewed and updated to address new security threats.
      5. Data Transfer: If you need to transfer student data across borders (e.g., between different countries), you must ensure that such transfers are conducted in compliance with applicable data protection laws, ensuring that the data remains protected and that the rights of the data subjects are upheld.
      6. Breach Notification: In the event of a data breach involving student data, you are required to notify the relevant data protection authorities and the affected individuals in accordance with applicable laws. You must also notify Music Lessons Limited as soon as possible if the breach could impact your role as a member of the platform.
   7. Profile Content, Updates, and Accurate Representation
      1. Profile Content
         1. Responsibility for Content: You are solely responsible for providing accurate, truthful, and up-to-date information for your Music Teacher Profile or Music School Profile. This includes, but is not limited to:
            1. Personal Information: Your name, contact details, and location.
            2. Professional Qualifications: Teaching certifications, qualifications, and experience.
            3. Lesson Offerings: The instruments taught, types of lessons (e.g., individual, group), and availability.
            4. Pricing: Lesson fees, packages, and any discounts offered.
            5. Images and Media: Any images, videos, or other media uploaded to your profile.
         2. Content Ownership and Copyright: You must ensure that any images, videos, or media uploaded to your profile are either owned by you or you have obtained the necessary permissions or licences to use them. By uploading content, you confirm that it does not infringe on the intellectual property rights of any third party. You also agree that all uploaded content is professional in nature and appropriate for public display on the platform. Upon request, you agree to provide evidence to Music Lessons Limited that you have obtained such permissions or licences.
         3. Professional Standards: All content, including images and descriptions, should reflect a high standard of professionalism, suitable for representing your services to potential students. Music Lessons Limited reserves the right to remove or request the modification of any content that does not meet these standards.
      2. Content Updates
         1. Updating Content: You may update your profile content at any time through the platform. It is your responsibility to promptly update any changes to ensure that the information displayed to potential students is accurate and current.
         2. Review and Approval: Music Lessons Limited reserves the right to review and approve any changes to your profile content. This is to ensure that all profiles comply with the platform’s standards and maintain the quality and accuracy of the information presented to students.
      3. Accuracy and Representation
         1. Truthful Information: You guarantee that all information provided to Music Lessons Limited and displayed on the Website is accurate, truthful, and complete. This includes, but is not limited to, your qualifications, teaching experience, lesson offerings, and pricing.
         2. Consequences of Misrepresentation: Any inaccuracies, misrepresentations, or false statements in your profile content may result in the suspension or termination of your membership. Your profile may also be removed from student searches until the content is corrected.
         3. Liability for Content: Music Lessons Limited is not responsible for verifying the accuracy of the information provided in your profile. You are fully liable for any consequences arising from inaccurate or misleading information, including potential legal actions.
      4. Content Removal and Modification
         1. Right to Modify or Remove Content: Music Lessons Limited reserves the right to remove or request modifications to any content that violates the platform’s standards, is deemed inappropriate, or does not align with the professional image the platform aims to maintain.
         2. Notification of Removal: If any content is removed or requires modification, you may be notified and given the opportunity to correct or replace the content to meet the platform’s requirements. Alternatively, the content may be removed, deleted, or amended as part of the moderation process, as deemed appropriate by Music Lessons Limited, without notification.
   8. Public Display of Information
      1. Information Subject to Public Display
         1. Scope of Public Information: Information submitted by you to Music Lessons Limited, including but not limited to your Music Teacher Profile or Music School Profile content, may be publicly displayed on the Website. This includes:
            1. Personal and Professional Details: Your name, teaching qualifications, experience, location, and contact information (excluding personal email addresses and phone numbers unless explicitly provided for public display).
            2. Lesson Offerings and Pricing: Details of the instruments you teach, types of lessons offered, lesson fees, and any special packages or discounts.
            3. Images and Media: Any images, videos, or other media you upload to your profile.
            4. Student Reviews and Testimonials: Feedback provided by students that you may have solicited or received organically through the platform. This feedback may include reviews from students who were sourced externally from the website and are not Referred Students. Teachers or Music Schools may also submit genuine reviews from other sources to be displayed on their profiles.
               1. Moderation: All submitted reviews will undergo moderation to ensure they comply with our terms of service. Genuine reviews, once moderated, will be displayed on your profile. It’s important to note that genuine reviews will not be removed at the request of a Teacher or Music School simply because they dislike or disagree with the content. However, reviews may be removed either at the request of the Teacher or Music School or by Music Lessons Limited without prior notice if they violate our terms of service or are deemed inappropriate during the moderation process.
         2. Responsibility for Public Information: You are responsible for ensuring that any information you submit for public display is accurate, truthful, and appropriate for viewing by potential students, parents, and other users of the Website. This includes ensuring that all content complies with relevant legal and ethical standards.
      2. Opt-Out and Content Privacy
         1. Opt-Out Process: If you do not want certain information to be publicly displayed (e.g., specific contact details or personal images), you must notify Music Lessons Limited in writing. Such requests should clearly specify which information you wish to withhold from public view.
         2. Accommodation of Requests: Music Lessons Limited will make reasonable efforts to accommodate your request to restrict certain information from public display. However, this is subject to the platform’s operational requirements and the need to maintain a functional and informative profile for potential students. Some essential information (e.g., your name and teaching qualifications) may be required to remain publicly visible to maintain the integrity and effectiveness of the platform.
         3. Default Public Information: By default, certain information such as your name, general location (e.g., city, country), and lesson offerings will be publicly displayed to help students find suitable teachers or schools. Personal contact information, such as personal email addresses or phone numbers, will not be displayed.
      3. Modifications and Updates
         1. Changes to Public Information: If you update your profile and wish to change the information that is publicly displayed, you should notify Music Lessons Limited of any modifications to your opt-out preferences.
         2. Review and Approval: Music Lessons Limited reserves the right to review and approve any opt-out requests or changes to ensure that profiles remain complete and functional for the platform’s users. Any approved modifications will be implemented in a timely manner.
      4. Liability for Public Information
         1. Legal and Ethical Compliance: You are responsible for ensuring that all publicly displayed information complies with applicable laws, including but not limited to intellectual property, data protection, and defamation laws. Music Lessons Limited is not liable for any legal issues arising from the public display of content you provide.
   9. Backlink Requirement
      1. Backlink Requirement: You agree to add a do follow link from a website owned by you to the Website if requested by Music Lessons Limited. This link should remain active for the duration of your membership.
   10. Referring to Other Teachers or Schools
       1. Permission Required: You must seek permission from Music Lessons Limited in writing before introducing a Referred Student to another Teacher or Music School.
       2. Conditions for Referral: You agree not to introduce any Referred Students to another Teacher or Music School until that Teacher or Music School has agreed to the Music Lessons Limited Terms of Service and the Standard Membership Terms For Teachers And Music Schools and has been approved by Music Lessons Limited. This ensures that all referrals meet the platform’s standards and that the integrity of the service is maintained.
   11. Safeguarding and Child Protection
       1. Safeguarding: If you teach students under the age of 18 or vulnerable adults, you agree to comply with all applicable child protection and safeguarding laws and guidelines relevant to your jurisdiction. This includes ensuring that all interactions with minors or vulnerable individuals are conducted in a safe and responsible manner.
       2. Background Checks: You may be required to provide evidence of a background check or criminal record check (e.g., DBS check in the UK) as part of your membership if you teach minors or vulnerable adults. Failure to provide this information, or a negative result from such a check, may result in the suspension or termination of your membership.
       3. Mandatory Reporting: You agree to report any suspected abuse, neglect, or other safeguarding concerns involving minors or vulnerable adults to the appropriate authorities in your jurisdiction. Music Lessons Limited should also be informed of such incidents if they involve a Referred Student.
   12. Insurance Requirements
       1. Liability Insurance: You are required to maintain appropriate liability insurance coverage if mandated by your jurisdiction or by the nature of your teaching activities. This insurance should cover potential claims arising from your teaching activities, including but not limited to accidents, injuries, or damages occurring during lessons.
       2. Proof of Insurance: Music Lessons Limited may request proof of your liability insurance coverage as part of your membership. Failure to provide such proof when requested may result in the suspension or termination of your membership.
   13. Non-Competition and Exclusivity
       1. Non-Competition: You agree not to redirect Referred Students to other teaching platforms, personal websites, or any services that are not affiliated with Music Lessons Limited. This includes refraining from promoting or encouraging Referred Students to engage with any competing platforms or services outside of Music Lessons Limited.
       2. Exclusivity: While you are not required to offer your teaching services exclusively through Music Lessons Limited, you agree that any student introduced to you through the platform will be taught under the terms of this agreement and will not be redirected to other platforms or services.
   14. Dispute Resolution
       1. Resolution of Disputes: In the event of a dispute between you and a Referred Student, you agree to make reasonable efforts to resolve the matter amicably. If a resolution cannot be reached, you must notify Music Lessons Limited of the dispute and provide relevant details.
       2. Cooperation with Investigations: You agree to cooperate fully with any investigation conducted by Music Lessons Limited in relation to a dispute, complaint, or any other issue involving your teaching activities or your relationship with a Referred Student.
   15. Professional Development
       1. Continuous Improvement: You are encouraged to engage in continuous professional development to enhance your teaching skills and stay updated on best practices in music education. This may include attending workshops, obtaining additional certifications, or participating in relevant training programs.
       2. Use of Platform Resources: Music Lessons Limited may provide resources or opportunities for professional development, and you are encouraged to take advantage of these to improve your teaching services.
5. WARRANTIES AND CERTIFICATIONS
   1. Warranties
      1. Teaching Competence: You warrant that you possess the necessary skills, qualifications, and teaching experience to effectively teach the Referred Students. This includes having expertise in the instrument(s) or subject(s) you offer, as well as the ability to create a positive and productive learning environment.
      2. Suitable Teaching Environment: You warrant that you either have access to a suitable teaching environment (whether it be a dedicated teaching room, studio, or other appropriate space) or are willing and able to travel to the student’s location, ensuring that the environment is conducive to effective learning. This includes ensuring that the teaching environment complies with relevant safety, health, and accessibility standards applicable in your region.
   2. Certifications
      1. Background Checks: It is strongly recommended that you obtain and maintain any relevant background checks or clearances required by the laws and regulations of your country or region, especially if you are working with minors or vulnerable adults. Examples of these checks include:
         1. United Kingdom: Disclosure and Barring Service (DBS) Check, Basic Disclosure or or Enhanced DBS check.
         2. Republic of Ireland: Garda Vetting.
         3. United States: Criminal Record Checks, including state or federal background checks.
         4. Australia: Working with Children Check (WWCC).
         5. Canada: Vulnerable Sector Check.
         6. Germany: Certificate of Good Conduct (Führungszeugnis).
         7. India: Police Clearance Certificate (PCC).
         8. New Zealand: Children’s Worker Safety Check (CWSC).
         9. France: Bulletin No. 3 (Extrait du casier judiciaire).
         10. South Africa: Police Clearance Certificate.
         11. Singapore: Certificate of Clearance (COC).
         12. Hong Kong: Sexual Conviction Record Check (SCRC).
         13. Japan: Police Certificate (犯罪証明書).
         14. Malaysia: Good Conduct Certificate (Sijil Kelakuan Baik).
         15. Brazil: Criminal Background Check (Certidão de Antecedentes Criminais).
         16. Netherlands: Certificate of Conduct (Verklaring Omtrent het Gedrag, VOG).
      2. In other jurisdictions, you should obtain the equivalent background check or clearance appropriate for your area, especially if you are working with minors or vulnerable adults.
   3. Public Liability Insurance: You should hold public liability insurance (or the equivalent in your jurisdiction) to cover potential claims arising from your teaching activities. This insurance should be sufficient to cover any injuries, damages, or other incidents that may occur during lessons. The recommended minimum coverage is equivalent to £1 million, but you should ensure that your coverage meets or exceeds the legal requirements and standard practices in your region.
   4. Compliance with Local Laws: You warrant that you will comply with all applicable local, regional, and national laws and regulations related to your teaching activities. This includes, but is not limited to, educational, health and safety, and business operation laws that apply to you as an independent teacher or as part of a music school.
6. REVIEW OF TEACHING & ADMINISTRATIVE RESPONSIBILITIES
   1. Performance Reviews
      1. Participation in Reviews: You agree to actively participate in performance reviews and discussions initiated by Music Lessons Limited. These reviews may be conducted to evaluate teaching standards, administrative responsibilities, and overall effectiveness in delivering educational services to Referred Students. Your participation in these reviews is crucial to maintaining the quality and integrity of the platform.
      2. Review Methods: Performance reviews may be conducted through various methods, including written feedback, surveys, phone calls, or online communication platforms (e.g., video conferencing tools). You agree to engage constructively in these reviews, providing honest and reflective feedback, and considering any recommendations or areas for improvement suggested by Music Lessons Limited.
      3. Constructive Feedback: Music Lessons Limited may provide you with constructive feedback based on student reviews, administrative performance, or observed teaching practices. You agree to take this feedback seriously and to make reasonable efforts to address any identified areas of concern or improvement.
   2. Resolution of Issues
      1. Addressing Concerns: If Music Lessons Limited or a Referred Student raises any problems or concerns regarding your teaching practices or administrative responsibilities, you agree to meet or communicate with Music Lessons Limited promptly. This communication may be conducted via phone, online platforms, or in-person meetings, depending on the nature of the concern and the geographical location of the parties involved.
      2. Commitment to Improvement: During these discussions, you agree to use your best efforts to address the concerns raised and to implement any necessary changes or improvements in your teaching methods, communication practices, or administrative duties. This may include adopting new strategies, updating your profile information, or adjusting your lesson offerings to better meet student needs.
      3. Ongoing Review: Music Lessons Limited may schedule follow-up reviews or discussions to assess the effectiveness of any changes you have made in response to feedback. You agree to participate in these follow-up sessions and to continue working towards resolving any ongoing issues.
   3. Continuous Improvement
      1. Commitment to Excellence: You acknowledge that continuous improvement is a key component of maintaining high standards on the platform. As such, you are encouraged to seek out opportunities for professional development and to stay informed about best practices in music education.
      2. Proactive Engagement: In addition to responding to reviews and feedback, you are encouraged to proactively seek feedback from students and peers, and to continuously refine your teaching and administrative practices. This proactive approach will help ensure that you remain a valued member of the Music Lessons Limited community.
7. MUSIC LESSONS LIMITED’S OBLIGATIONS
   1. Platform Maintenance and Facilitation
      1. Platform Availability: Music Lessons Limited is committed to ensuring the ongoing functionality and availability of the Website and online platform, which facilitate potential students in finding and contacting Members. We will use reasonable efforts to maintain a reliable, user-friendly environment that allows you to manage your profile and account effectively, ensuring that the platform remains accessible to both you and the students.
      2. Technical Support: Music Lessons Limited will provide technical support to assist you in navigating and using the platform effectively. If you encounter any issues or require assistance, our support team is available through the “Help Centre” forum (https://musicteacher.com/forums/forum/help-centre/) to address any platform-related queries or technical difficulties.
      3. Platform Enhancements: We will continuously seek to improve the platform by implementing updates, new features, and enhancements designed to enrich the user experience for both members and students. Music Lessons Limited may also conduct regular maintenance to ensure the smooth operation of the platform, and will endeavour to minimise disruptions during these periods.
   2. Student Referrals
      1. Referral Process: While Music Lessons Limited is not obligated to make Referrals, we will strive to match Referred Students with appropriate teachers based on the students’ needs, preferences, and location. When a student is referred to you, we will provide sufficient contact details to enable you to initiate communication and arrange Lessons.
      2. Accuracy of Referrals: Music Lessons Limited will make reasonable efforts to ensure that the contact details and information provided for Referred Students are accurate and up-to-date. However, we are not responsible for any inaccuracies at the Introduction or changes in the student’s contact information that may occur after the Introduction. If you discover that the Referred Student’s contact information is incorrect or incomplete (e.g., if the student has provided inaccurate details), please notify Music Lessons Limited immediately.
      3. No Guarantee of Referrals: Music Lessons Limited does not guarantee a specific number or frequency of Referred Students. Referrals are contingent upon student demand, geographic factors, and other variables that may fluctuate over time. It is possible that during your membership term, you may not receive any referrals. The success of securing and retaining students is also influenced by your responsiveness, teaching quality, and other factors beyond our control. The absence of referrals during your membership term does not entitle you to a refund, as the Membership Fee is for access to the platform and its features, not solely for receiving Referred Students.
   3. Data Protection and Privacy
      1. Data Security: Music Lessons Limited is committed to protecting the personal data of both teachers and students. We will implement appropriate technical and organisational measures to safeguard personal data against unauthorised access, loss, or misuse, in compliance with applicable data protection laws and regulations.
      2. Privacy Policy: Music Lessons Limited will adhere to a strict privacy policy governing the collection, use, and sharing of personal data on the platform. We will only share the necessary contact details of Referred Students with you, and only for the purpose of facilitating Lessons.
   4. Communication and Updates
      1. Regular Communication: Music Lessons Limited will communicate regularly with Teachers and Music Schools to provide updates on platform developments, policy changes, and other relevant information. These communications may be delivered through written notices, or by updating the website, including specific sections such as the changelog for new features (https://musicteacher.com/forums/topic/changelog/), the Terms of Service (https://musicteacher.com/terms-of-service/), Privacy Policy (https://musicteacher.com/privacy-policy/), or Cookie Policy (https://musicteacher.com/cookie-policy/). We will also notify you in writing of any significant changes to the platform or service that may affect your teaching activities.
      2. Feedback and Collaboration: Music Lessons Limited values the input of its teachers and schools. We will provide opportunities for you to give feedback on the platform and your experience, and will consider this feedback when making improvements or adjustments to our services. Feedback can be provided at any time by Members via the public Help Centre (https://musicteacher.com/forums/forum/help-centre/) or via email to [email protected].
   5. Limitation of Liability
      1. Service Interruptions: While Music Lessons Limited strives to provide a stable and uninterrupted platform, we are not liable for any temporary interruptions or downtime due to maintenance, technical issues, or other factors beyond our control.
      2. Exclusion of Liability: Music Lessons Limited’s liability is strictly limited to providing access to the platform and facilitating connections between students and Members. We are not responsible for the content, quality, or outcomes of Lessons, nor for any disputes or issues that may arise between Members and Referred Students, or between current or former account holders on the website. This includes, but is not limited to, any claims related to the teaching provided, the behaviour of students or members, or any other interactions that occur outside the scope of the platform’s services. Furthermore, Music Lessons Limited is not liable for any payment issues, including but not limited to, instances where students fail to make payments for lessons or services rendered by Members.
   6. Profile Visibility and SEO
      1. Profile Visibility: Music Lessons Limited will take reasonable efforts to ensure that your Music Teacher Profile or Music School Profile is visible in relevant student searches on the Website. However, visibility may be affected by various factors, including search algorithms, student preferences, and competition from other profiles.
      2. Search Engine Optimization (SEO): Music Lessons Limited may perform SEO activities to improve the visibility of the Website and individual profiles in external search engines (e.g., Google). While these activities are intended to enhance visibility, Music Lessons Limited does not guarantee specific results or rankings in search engines.
8. CONFIDENTIALITY
   1. Non-Disclosure
      1. Obligation of Confidentiality: Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged in relation to the performance of this agreement, except for the terms and nature of this agreement, which are publicly disclosed on the website. Confidential information includes, but is not limited to, details regarding specific student referrals, individual financial arrangements between Music Lessons Limited and Members, and any proprietary business information not intended for public disclosure.
      2. Exceptions to Confidentiality: Disclosure is permitted if required by law, by a court of competent jurisdiction, or by a governmental or regulatory authority. In such cases, the disclosing party shall, if legally permissible, provide notice to the other party before making the disclosure.
9. LIMITATION OF LIABILITY
   1. Exclusions
      1. Unrestricted Liability: Nothing in this agreement shall limit or exclude liability for death or personal injury resulting from negligence, fraud, or fraudulent misrepresentation by either party.
      2. Limitation of Liability: Music Lessons Limited shall not be liable for any indirect, incidental, consequential, or punitive damages, including, but not limited to, loss of profits, loss of sales or business,  loss of agreements or contracts, loss of revenue, loss of anticipated savings, loss of or damage to goodwill, loss of data, or any other economic disadvantage or indirect or consequential loss, whether arising under contract, tort, or otherwise, even if such damages were foreseeable.
      3. Cap on Liability: The total aggregate liability of Music Lessons Limited under this agreement, whether in contract, tort, or otherwise, shall not exceed the total amount of fees paid by You to Music Lessons Limited in the 12 months preceding the event giving rise to the liability.
      4. Indemnification: In consideration of Music Lessons Limited listing you as a Teacher or Music School on the platform, you hereby agree to indemnify, defend, and hold harmless Music Lessons Limited against all liabilities, costs, expenses, damages, and losses (including, but not limited to, any direct, indirect, or consequential losses, loss of profit, loss of reputation, all interest, penalties, legal costs calculated on a full indemnity basis, and all other reasonable professional costs and expenses) suffered or incurred by Music Lessons Limited arising out of or in connection with any Referral or any action brought against you by a Student, third party, or legal representative. This indemnification includes, but is not limited to, claims related to the content or quality of Lessons, the conduct of the Teacher or Music School, or any breach of this agreement by you.
      5. Scope of Indemnity: The indemnity applies to the extent that the damages or losses are within your reasonable control, excluding circumstances such as force majeure events as defined in this agreement.
      6. Mitigation of Damages: You agree to take all reasonable steps to mitigate any damages or losses that may arise and cooperate fully with Music Lessons Limited in the defence of any claims.
      7. Cooperation in Defense: You agree to cooperate with Music Lessons Limited in defending any claims that arise under this indemnification clause, including providing access to any relevant documents, information, or personnel necessary for the defence.
10. TERMINATION
    1. Termination by Music Lessons Limited
       1. Right to Terminate: Music Lessons Limited reserves the right to terminate this agreement immediately if You commit a material breach of this agreement, become insolvent, enter into bankruptcy, or if any analogous situation arises. Additionally, Music Lessons Limited may terminate this agreement for convenience with at least one month’s written notice to You. In the event of termination for convenience, any prepaid Membership Fees for the remaining portion of the term will be refunded on a pro-rata basis, unless the termination is due to your breach of this agreement.
       2. Suspension of Services: Before proceeding with termination, Music Lessons Limited may, at its discretion, suspend your access to the platform and the services provided if a potential breach is suspected. During the suspension period, Music Lessons Limited will investigate the situation, and you will be notified of the outcome. Depending on the findings, your access may be reinstated, or the agreement may be terminated.
    2. Termination by You
       1. Request for Termination: You may terminate this agreement at any time by submitting a request to remove Your profile from the platform and ceasing to receive student referrals. However, you remain obligated to fulfil any outstanding obligations, including the payment of any outstanding Membership Fees owed prior to termination. Termination of this agreement does not entitle you to a refund of any portion of the Membership Fees paid, except where otherwise agreed by Music Lessons Limited in writing.
       2. Notice Requirement: Termination requests must be submitted in writing through the platform’s support system or via email to the designated contact provided by Music Lessons Limited. Your termination will take effect once Music Lessons Limited has confirmed the receipt and processing of your request. The processing of termination requests will typically occur within 10 business days, during which time you may continue to receive referrals and are obligated to honour any accepted referrals or scheduled Lessons.
       3. Cessation of Teaching Referred Students: Upon termination, you must immediately cease teaching all Referred Students introduced to you through the platform. Continuing to teach Referred Students after termination is strictly prohibited and constitutes a breach of this agreement. You must notify all Referred Students of the cessation of Lessons and provide appropriate referrals or handovers to ensure their educational continuity, subject to the terms and conditions of Music Lessons Limited. Music Lessons Limited reserves the right to request evidence that you have notified all Referred Students of the termination and cessation of Lessons. Handovers or referrals can be coordinated by emailing [email protected] to ensure the students’ educational continuity.
       4. Post-Termination Obligations: Upon termination, whether by You or Music Lessons Limited, you must immediately cease using the platform and delete any data or confidential information related to Referred Students that you have obtained through the platform. Music Lessons Limited may also remove your profile from the platform, along with any associated content, without further notice.
       5. Survival of Terms: Provisions of this agreement that by their nature are intended to survive termination, including but not limited to provisions regarding confidentiality, indemnification, limitation of liability, and outstanding payment obligations, shall survive the termination of this agreement.
11. ENTIRE AGREEMENT
    1. Superseding Clause
       1. Complete Agreement: This agreement constitutes the entire understanding between the parties with respect to its subject matter and supersedes all prior agreements, negotiations, representations, and understandings, whether written or oral. By completing the registration process, activating your membership, accepting this agreement through the tickbox on the website or continuing into a paid membership period, you acknowledge that no party shall have any claim for innocent or negligent misrepresentation based on any statement not set out in this agreement.
       2. Amendments: Music Lessons Limited reserves the right to modify or amend this agreement at any time. Any modifications or amendments to these terms may be made in writing and communicated to you via the platform, other official channels, or by updating the terms publicly on the website. These modifications will be considered accepted upon your continued use of the platform after the changes have been communicated or posted publicly. There is no requirement for physical signatures; acceptance is confirmed through your digital consent via the platform, which may include continuing to use the platform after any such updates.
       3. No Claims Outside the Agreement: Each party agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party also agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement within this agreement.
       4. Liability for Fraud: Nothing in this clause shall limit or exclude any liability for fraud.
12. ASSIGNMENT
    1. Rights Assignment
       1. Assignment by Music Lessons Limited: Music Lessons Limited may assign or transfer its rights and obligations under this agreement to any third party at its discretion, provided that such assignment does not materially affect your rights under this agreement.
       2. Assignment by You: You may not assign, transfer, or delegate any of Your rights or obligations under this agreement without the prior written consent of Music Lessons Limited.
13. NO PARTNERSHIP OR AGENCY
    1. Independent Relationship: Nothing in this agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. Both parties are independent contractors, and neither has the authority to bind the other in any manner. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
    2. No Authority: You acknowledge that You have no authority to act on behalf of or to represent Music Lessons Limited, and You shall not hold Yourself out as having such authority.
14. THIRD-PARTY RIGHTS
    1. No Third-Party Rights
       1. Exclusive Rights: This agreement is made for the benefit of the parties hereto and their respective successors and permitted assigns. No other person shall have any rights to enforce any of its terms.
       2. Exclusion of Third-Party Rights: Except as expressly provided in this agreement, no term of this agreement is enforceable under any applicable laws granting rights to third parties.
15. NOTICES
    1. Delivery of Notices
       1. Method of Delivery: All notices, requests, consents, claims, demands, waivers, and other communications under this agreement must be in writing, in English, and delivered to the respective parties by hand, by registered mail, or by email to the addresses provided by the parties.
       2. Signature Requirement for Certain Notices: While most notices under this agreement can be validly delivered via email or the platform without a physical signature, Music Lessons Limited reserves the right to request a signed notice for specific matters, such as termination of the agreement, amendments to essential terms, or other significant legal communications. If a signature is required, it will be clearly stated, and the notice must be signed by or on behalf of the party giving it to be considered valid.
       3. Notice Periods: Notices delivered by email or through the platform’s messaging system shall be deemed received on the day of delivery. Notices sent by registered mail shall be deemed received three business days after posting. Notices delivered by hand shall be deemed received on the day of delivery.
16. FORCE MAJEURE
    1. Impact of Force Majeure Events
       1. Relief from Obligations: Neither party shall be liable for any failure or delay in performing its obligations under this agreement if and to the extent that such failure or delay is caused by a Force Majeure Event.
    2. Notice Requirement
       1. Notification: The affected party shall promptly notify the other party in writing of the occurrence of the Force Majeure Event, specifying the nature, expected duration, and anticipated effect of the event on the party’s ability to perform its obligations.
    3. Duty to Mitigate
       1. Efforts to Mitigate: The party affected by the Force Majeure Event shall use all reasonable efforts to mitigate the effects of the event and resume performance as soon as reasonably practicable.
    4. Termination Due to Extended Force Majeure
       1. Extended Force Majeure: If a Force Majeure Event continues for a period of more than 60 days, either party may terminate this agreement upon written notice to the other party, without liability for such termination.
17. GOVERNING LAW AND JURISDICTION
    1. Governing Law
       1. Applicable Law: This agreement and any disputes or claims arising out of or in connection with it, its subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales, unless otherwise agreed upon by the parties in a jurisdiction clause.
    2. Jurisdiction
       1. Exclusive Jurisdiction: The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

FINAL CLAUSE

By completing the registration process, activating your membership, continuing into a paid membership period, or by continuing to use the platform after the effective date of any amendment to this Agreement, you confirm that you have read, understood, and agree to be bound by these Standard Membership Terms for Teachers and Music Schools. This Agreement constitutes the entire understanding between you and Music Lessons Limited regarding your membership and supersedes all prior discussions, agreements, or understandings of any kind.