1) RETURNS, REFUNDS
Purchases of equipment are returnable for a full refund of the equipment purchase price within 30 days of purchase. All other purchases, including scripts, voiceovers, music, recordings and/or any creative work are non-refundable, under any circumstance, whether or not the work was viewed, auditioned or downloaded.
2) USAGE RESTRICTIONS
a) User agrees that all custom productions are licensed for use on a per-location basis. Duplication in any form of your Easy On Hold audio, or use at a location not registered with your Easy On Hold Service Agreement is prohibited. Custom messaging at multiple locations is available for very low licensing fees.
b) It is unlawful to resell any content you obtain from Easy On Hold without a written license.
c) Unless specified in writing, audio content is not licensed for use on multiple performance platforms, such as video, websites including YouTube, Facebook and the like.
3) FREE DEMO
A no-cost demonstration production (free demo) may be made at our discretion to help you, the music on hold user, understand what to expect from your Easy On Hold purchase. User agrees that the demo will not be reproduced in full or in part, and will not be used on a phone system unless agreed to with a separate service agreement.
4) COPY CHANGES AND UPDATES
A production is considered to be “new”, “additional”, “separate” or an “update” when there is a change in text, ranging from one word to the entire script; a change in music; a change in voiceover talent. After a production is accepted as approved, any future requests for changes are considered an order for a new production.
5) EQUIPMENT WARRANTIES
Easy On Hold will attempt to troubleshoot with clients who are experiencing equipment difficulties. Warranty claims must be made directly with the manufacturer(s).
6) YOUR TELEPHONE SYSTEM
Easy On Hold is not responsible for the performance of telephone equipment and/or any device not purchased from or provided by Easy On Hold. User accepts responsibility for the prevention or loss of Easy On Hold product(s) and/or service(s) due to the performance of third-party equipment.
7) CONNECTIONS TO PHONE SYSTEM
Unless otherwise agreed to, service does not include telephone system configuration or equipment installation. All connections between equipment provided by Easy On Hold and user's phone system are completely the responsibility of the user.
8) THREE-BUSINESS-DAY TURNAROUND
All demos, scripts and audio changes require a minimum of three business days each to be custom-created.
Easy On Hold, operated by TBA, Inc., is a Michigan Corporation located at 2401 E. Milham Ave Portage, MI 49002.
Use of Service and Licensing
This agreement is for a standard music license, as described below:
THE SUBSCRIBER will pay Easy On Hold as outlined in section 2, “Service Terms”. Any breach of this agreement will be considered default. If The Subscriber is in default, Easy On Hold may discontinue service, and The Subscriber agrees to pay the balance of the agreement at once.
Delinquent Payment PolicyAfter 30 days a due payment may accrue a late payment fee of $15. A return check fee of $25 will be applied, if necessary. The Subscriber agrees to pay all costs of collection, and/or applicable court fees, bank charges and reasonable attorney fees that result from defense of any claim brought forth by The Subscriber, including any action pursuant to the United States Bankruptcy Code.
Subscribers may choose to use equipment they own, or to purchase equipment from Easy On Hold. At no time is THE SERVICE responsible for the performance of on-site equipment, including, but not limited to, audio devices, amplifiers, speakers and the like. THE SUBSCRIBER acknowledges that THE SERVICE requires additional equipment in order to produce audio in a useable fashion, and agrees to excuse THE SERVICE of all obligations and costs that may arise out of this requirement.
ConnectivityThe Subscriber agrees that THE SERVICE requires “always-connected” internet service provided at The Subscriber’s expense.
The Subscriber agrees to excuse THE SERVICE from performance obligations that are unmet due to acts of God, flood, fire, weather, civil unrest or failure of transmission due to causes beyond its control. If THE SUBSCRIBER is without THE SERVICE for a term of at least 24 hours, a pro-rated credit may be applied upon request.
THE SUBSCRIBER will defend, save and hold harmless THE SERVICE from any and all claims for damage or injury to any person(s) resulting from the use of THE SERVICE. THE SUBSCRIBER agrees that THE SERVICE shall not be held liable for damages of any kind as a result of this Agreement. THE SERVICE indemnifies and holds SUBSCRIBER harmless for any third party claims against use of copyrighted content, including claims of infringement of any copyrights or breach of license(s).
Integration (Entirety Of Agreement)
This Agreement contains all the terms agreed to by the parties relating to its subject matter. It replaces all previous discussions, understandings and agreements.
This Agreement may not be assigned or transferred without the prior written mutual consent of the parties. This Agreement is mutually binding upon the heirs, executors, administrators, successors, purchasers and assigns of the parties.
During the term of this Agreement, THE SERVICE may use The Subscriber’s name and/or logo to identify THE SUBSCRIBER as a customer, strictly for the purpose of describing and promoting THE SERVICE, and for no other purpose.
This Agreement is executed in the State of Michigan, USA. Any controversy or claim arising hereto shall be settled solely according to the laws of the State of Michigan.
Refer to SECTION 2 of Music Service Agreement. Duration of agreement, premises allowed and price for Service will be provided on that document.