Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Instrumental Background Music and its composer including bespoke audio work.
- COMPOSER refers to the individual author of the track being sold
- InstrumentalBGM refers to the collective of composers trading under Instrumental Background Music
- Project refers to any video, podcast or media production using music from www.instrumentalbackgroundmusic.com
All work is carried out by InstrumentalBGM is on the understanding that the client has agreed to InstrumentalBGM terms and conditions.
Copyright is retained by InstrumentalBGM or the individual composers on all audio work including lyrics, sound effects, sound design and live recordings unless specifically released in writing and after all costs have been settled.
If a choice of audio is presented, only one solution is deemed to be given by InstrumentalBGM as fulfilling the contract. All other audio remains the property of InstrumentalBGM, unless agreed in writing that this arrangement has been changed.
At the time of proposal, InstrumentalBGM will provide the customer with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to InstrumentalBGM and confirms acceptance of the Terms and Conditions as stated here. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept InstrumentalBGM terms and conditions. No work on a project will commence until either document has been received by InstrumentalBGM.
Charges for music services to be provided by InstrumentalBGM will be set out in the written estimate or quotation that is provided to the customer.
Accounts which remain outstanding for 30 days after the date on the invoice, will incur an extra charge of 5% per month of the outstanding amount. Payments may be made via PayPal (any PayPal fees & commissions will be included in the invoice) or bank transfer.
An account shall be considered default if it remains unpaid for 31 day’s from the date on the invoice, or following a declined PayPal payment. InstrumentalBGM shall be considered entitled to remove InstrumentalBGM and/or the customer’s material from any and all computer systems, until the amount due has been fully paid.
This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of it’s obligation to pay the due amount.
Customers whose accounts become default agree to pay InstrumentalBGM reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and trademarks
By supplying text, images and other data to InstrumentalBGM for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any audio and sound effects artwork, images, or text supplied and/or designed by InstrumentalBGM on behalf of the customer, will remain the property of InstrumentalBGM and/or it’s suppliers.
The customer may request in writing from InstrumentalBGM, the necessary permission to use materials (for which InstrumentalBGM holds the copyright) in forms other than for which it was originally supplied, and InstrumentalBGM may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid audio, sound effects, artwork, images, text, or other data to be used.
By supplying images, text, or any other data to InstrumentalBGM, the customer grants InstrumentalBGM permission to use this material freely in the pursuit of the audio production. Should InstrumentalBGM, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow InstrumentalBGM to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold InstrumentalBGM free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft audio deliverable will be liable to a separate charge. The customer also agrees that InstrumentalBGM holds no responsibility for any amendments made by any third party, before or after the audio deliverable is published.
Cancellation and termination
(a) Cancellation of an agreed quotation or proposal by you must be communicated to InstrumentalBGM both by telephone and in writing (letter or email).
(b) Once audio work has commenced, any deposits are not refundable. Where the project is cancelled at your request, any costs accrued by InstrumentalBGM over and above the deposit will be invoiced to you and will be due and payable immediately.
(c) Where audio work has been agreed to and the project is cancelled at your request and where the audio work has not yet commenced, a termination fee of 25% of the agreed quotation or proposal or the total of costs accrued by InstrumentalBGM to date will apply (whichever is greater).
(d)(i) Works in progress can be postponed at your request in writing. All outstanding costs to date will be invoiced to you and be payable immediately.
(d)(ii) Where you postpone a project in accordance with clause (d)(i) of this section, work will be restarted and completed at your instruction in accordance with the specifications of the original quotation.
(d)(iii) Notwithstanding clause (d)(ii) of this section, work resumed after postponement will be subject to cost revision. Work will not restart until revised costing (if any) has been agreed to in writing.
(e) InstrumentalBGM reserves the right to terminate services where (i) there are outstanding invoices, or (ii) there is a material breach of these terms and conditions.
(f) InstrumentalBGM will be entitled to cancel any agreement with you where you become insolvent, enter into voluntary arrangements with creditors, enter receivership or cease trading for any reason. This will be done without prejudice to any other rights or remedies available to InstrumentalBGM. Amounts owing will be invoiced and immediately due and payable.
(g) Customers are entitled to unsubscribe at any time during their period of subscription. In such circumstances, access to the library will be terminated by the end of the month that has been paid for. InstrumentalBGM will terminate any subscriptions entered into by customers who do not adhere to the terms and conditions stated below regarding subscriptions.
InstrumentalBGM offer a subscription service for customers who wish to have unlimited access to InstrumentalBGM’s online catalogue of music (www.instrumentalbackgroundmusic.com). Terms & conditions laid out in our general terms & conditions apply to subscribers as well as the following:
- Access to InstrumentalBGM’s catalogue is permitted only during the period that a customer is an active subscriber i.e. they are paying the monthly subscription fee. Any benefits of being a member cease upon a customer unsubscribing.
- InstrumentalBGM employs a fair use policy whereby a limit of 50 tracks can be downloaded per month to prevent abuse. This is to prevent customers subscribing for a month and then downloading the entire catalogue. If you envisage downloading more than 50 tracks a month, please contact us via our contact page and we will organise a separate arrangement for you.
- Customers may use the V.I.P. track finder service to help find tracks suitable for their projects. InstrumentalBGM’s fair use policy entitles customers to a maximum of 5 searches per month. Each search will include up to 2-3 tracks assuming we have something suitable in our catalogue.
- If you terminate your subscription, all music and licenses used in your project(s) during the subscription period will still be valid. However, projects created using music from InstrumentalBGM’s catalogue after you unsubscribe will only be covered for 2 months from the date of unsubscribing. This is to precent abuse of our subscription offer.
- Gumroad process our subscription payments and are responsible for any issues with charges, refunds and technical issues with payments. However, we will assist you with any issues you may have as part of our standard support service.
Refunds of online purchases
Only in special circumstances will purchases of audio or subscriptions from this website be refunded, such as:
- The audio does not match the product purchased
- There is a technical problem with the audio such as a clear glitch in the track (we will replace the audio with a corrected version in this case)
- You made a mistake with the purchase and have not downloaded the track yet
Other situations will be judged on a case-by-case basis, however, please bear in mind that the composers of InstrumentalBGM are under no obligation to offer a refund unless the conditions above are met.
Use of this website
Last updated: 21/2/17