Terms & Conditions

 

1) General

1.1) This document sets out the terms and conditions for use of the sibee.co.uk web site and for any purchase or subscription.

1.2) Together these terms comprises a legal agreement between you and Sibee Ltd. (SiBee). You must read all these terms before using the site or making a purchase. You should also read our Privacy Policy which describes how we use your personal information. These documents, as amended by us from time to time, are the entire agreement between you and SiBee Ltd. If you do not agree with them please stop all use of the site, do not continue with any purchase and leave the site immediately.

1.3) SiBee produce and supply music in the form of MP3 files (MP3's) and compact discs. (CD’s) licensed for public performance in commercial premises specified by the customer.

1.4) SiBee uses it's best endeavours to ensure the correctness, reliability and accuracy of the product descriptions and other content, but we make no representations or warranties as to the content's correctness, accuracy, or reliability.

1.5) Neither SiBee nor its directors, employees, licensors, content providers, affiliates or other representatives unless specifically stated in this web site’s terms and conditions of use, or as other otherwise required by law, are liable for any damages of any kind (including, but not limited to; lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising after being on this website. This also covers damages concerning the client's inability to use the website, the performance of the website and the content whether or not we have been advised of the possibility of such damages.

2) Copyright

2.1) All the content of this web site, including words, pictures, photographs, moving images and sounds, as well as it's appearance, layout and structure are owned by SiBee its licensors and content providers. You may not copy any material contained within the web site without our prior written permission.

2.2) You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the index page of this web site as long as the link does not portray us, our site or our products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use our trade names or logos as part of the link without our express written consent.

2.3) You are not authorised to make any copy of any CD or MP3 file located or listed on this site, or supplied by SiBee, unless you are licenced by us to do so.

3) License to use the Site

3.1) We give you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this website or any of its contents; any collection and use of any product listings, descriptions, or prices.

3.2) You must not use the website for any of the following:

a) Fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

b) To send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, commercial solicitation, chain letters or mass mailings (spam).

  1. c) To cause annoyance, inconvenience or needless anxiety

    3) We do our best to ensure the web site is accurate and up to date, but we exclude to the greatest extent possible under applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages, except for liability of loss or damage to persons or property caused by our negligence or fraudulent misrepresentation.

    4) Liability

    Except as specifically stated in these terms or elsewhere on this website, or as otherwise required by applicable law, neither we nor our directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, but not limited to, loss of profits, direct, indirect, compensatory, consequential, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

    5) The music

All of the music available in our catalogue has been created and performed by artists who are NOT members of the Performing Rights Society or Phonographic Performance Ltd., or any associated royalty collection agency around the world.

6) Public Performance

6.1) SiBee have been authorised by the owners of the intellectual property rights for themusic they have listed within the Sibee catalogue, to issue licences for its public performance to customers.

6.2) Customers of SiBee who wish to play any music from the SiBee catalogue in their premises for the benefit of their staff, customers and visitors must:

  1. a) Have either purchased the music from the Sibee catalogue, or have a valid current subscription allowing full access to the members area of the sibee.co.uk, which in turn allows access to the whole catalogue of music.
  2. b) Hold a current licence for public performance issued by SiBee for the premises in which the music is being played.

    3) A separate license is required for each commercial location (each premises).

7) Licence options

7.1) Annual subscription with full catalogue access at a cost of £119.00

Following receipt of the first annual subscription payment, the new customer will receive:

a) A 12 month licence for public performance in the premises specified

b) A gold sealed certificate for display

c) Two letters created by SiBee, personalised from the new customer’s business, addressed one each to the Performing Rights Society and Phonographic Performance Ltd. These letters advise those organisations that the new customer is now with SiBee and no longer requires their licences. A copy of their new SiBee licence is attached to each of these letters.

  1. d) Copies of the two personalised letters detailed in paragraph 7.1.c for the customer’s file.

    e) Full personal access credentials to the members area where all the music in the catalogue is available to sample and download at no additional cost.

7.2) Monthly subscription payments with full catalogue access at a cost of £11.00 per month

Following receipt of the first monthly subscription payment, the new customer will receive:

a) A 12 month licence for public performance in the premises specified

b) A gold sealed certificate for display

c) Two letters created by SiBee, personalised from the new customer’s business, addressed one each to the Performing Rights Society and Phonographic Performance Ltd. These letters advise those organisations that the new customer is now with SiBee and no longer requires their licences. A copy of their new SiBee licence is attached to each of these letters.

  1. d) Copies of the two personalised letters detailed in paragraph 7.1.c for the customer’s file.

    e) Full personal access credentials to the members area where all the music in the catalogue is available to sample and download at no additional cost.

    2.1) The customer agrees that a minimum of 12 monthly payments must be made and undertakes not to cancel their subscription during the first 12 months.

7.2.2) At the completion of the initial 12 months, the customer may cancel their subscription in accordance with cancelation terms detailed in paragraph 8, or subscribe for a further 12 months and receive a new licence for public performance for a further 12 months.

7.2.3) Once a new 12 month licence has been issued it cannot be cancelled by the customer and the customer agrees to maintain their monthly subscription payments for the duration of the period the licence covers.

7.3) Annual subscription without full catalogue access.

7.3.1) For new customers who only require minimal music to play the cost is £89.75. On receipt of their payment the new customer will receive:

a) 5 albums of their choice, selected from the SiBee catalogue.

  1. b) A 12 month licence for public performance in the premises specified

    c) A gold sealed certificate for display

    d) Two letters created by SiBee, personalised from the new customer’s business, addressed one each to the Performing Rights Society and Phonographic Performance Ltd. These letters advise those organisations that the new customer is now with SiBee and no longer requires their licences. A copy of their new SiBee licence is attached to each of these letters.
    e) Copies of the two personalised letters detailed in paragraph 7.1.c for the customer’s file.

7.3.2) For existing customers there are five options

a) Choose to switch to option 7.1
b) Choose to switch to option 7.2
c) Renew their licence for a further 12 months only with documents sent digitally via email. The cost is £70.20.
d) Renew their licence for a further 12 months only with a gold sealed certificate for display and documents sent by post The cost is £72.69.
e) Purchase 5 albums from the SiBee catalogue to receive a 12 month licence. Cost is £89.75

8) Cancelation and failure to maintain a subscription for the duration of a licence issued.

8.1) The customer may cancel their subscription at the end of any 12 month period for which a licence has been issued, providing that at least one calendar months’ notice of cancelation in writing or by email, is received by Sibee, prior to the expiry date of the customer’s current licence.

8.2) The customer accepts that if any monthly subscription payment is not received by Sibee on it’s due date and the customer fails to remedy any such breach of their undertaking as detailed in paragraph 7.2.1 within 15 working days of being notified, then the whole of the remaining monthly subscriptions up until the already granted licence expiry date will become payable immediately.

8.3) Monthly subscription payments are maintained at a fixed rate for each 12 month rolling contract. If there is a monthly subscription price rise, all existing subscriptions will continue at their current price until the expiry of the customer’s current licence, at which time the customer may choose to renew their subscription at the new price or cancel their subscription.

8.4) On each anniversary of the date the initial licenses being issued, for continued public play, licenses need to be renewed. This will be renewed without further charge as long as the regular monthly fee has been paid without interruption, or where an interruption in payments has occurred, this has been rectified and the total amount paid is as if no monthly fee had been missed.

8.5) Should a monthly fee be missed (unpaid)

8.5.1) Access to the catalogue will be withdrawn and not re-instated until all outstanding fees have been paid.

8.6) They is no obligation on the part of the customer to renew their license. However failure to renew a license will mean Sibee's music can no longer be played in public or staff areas.

9) Licence assignment

The licenses issued by SiBee are in respect of a single specified commercial premises and may not be assigned to any other premises.

10) Licence amendment

10.1) At any time SiBee may revoke the license for public performance  specific to a particular artist, should the agreement between SiBee and the artist be terminated for any reason. Should such circumstances arise the customer will be given a minimum of 60 days’ notice.

10.2) Should a license or licenses in respect of an artist or artists be revoked, for whatever reason, the customer shall not be licensed to play the music of that artist or artists in public following expiry of the 60 day notice period. They will however be entitled to replace the excluded artist or artists from the Sibee catalogue at a discount of 75% to published prices.

11) Delivery

Orders placed will ordinarily be dispatched within 48 hours. Should this is not be possible, the customer will be advised when they can expect to receive their order. If this is not satisfactory to the customer a cancellation and full refund will be offered.

12) Refund of Unexpired Licenses

Licenses for public performance are issued for a minimum of one year. No proportional refunds will be made for partial periods remaining in respect of a license no longer required.

13) Additional Purchase Conditions

13.1) Prices are subject to value added tax where required by law and the sum for this will be shown at checkout. VAT rates may change from time to time and we reserve the right to add whatever is the then prevailing rate.

13.2) Prices are quoted and payable in British Pounds as specified on the web site. Your credit card company will calculate your local currency equivalent and you are responsible for any card charges which may be incurred for foreign purchases.

13.3) We reserve the right to reject orders and will notify you of this. On rejection all monies already paid will be repaid.

13.4) We reserve the right to increase prices from time to time without notice to you but not after an order has been placed or a 12 monthly subscription licence has been issued.

14) No Waiver, Severability


No action by us, other than an express written waiver or amendment, may be construed as a waiver or amendment of any part of this agreement. Should any clause be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

15) Changes

We reserve the right to change these terms, prices, information and our License and Privacy Policy without notice.

16) Entire Agreement

These conditions of website use, sale of goods and services, our license agreement and privacy policy, set out the entire agreement between us and you relating to your use of this website

17) Force Majeure

Not withstanding anything contained within these terms and conditions SiBee will not be liable for any failure to perform its obligations to the client in whole or in part as a result of any of the following circumstances: Strikes; Other industrial actions; Civil unrest, upheaval or commotion; Act of God; Terrorism; War.

No variation of these terms and conditions shall be effective unless put in writing and signed on behalf of both SiBee and the customer.

Applicable Law

This agreement shall be subject to the Laws of England.