Terms of Service
Thank you for your interest in BizMusiq. We have done our utmost to keep our terms of service readable and as short as possible so you will instantly understand the services we are offering to you and your company.
BizMusiq is a background music service by Tribe of Noise BV, based in Amsterdam.
These Terms of Service will be valid for all business relationships between the users and BizMusiq for the provision of our background music services. Any deviating terms and conditions of the user will not be valid unless they have been expressly approved in writing or text form by BizMusiq. By no later than when the account is created with BizMusiq, the user must acknowledge the validity of these Terms of Service.
2. Our services
(1) Through the BizMusiq service, BizMusiq is offering the possibility to broadcast background music in businesses.
(2) BizMusiq is a service which is made available via the Internet. The Internet access, which is needed in order to use BizMusiq, is not the object of BizMusiq’s services.
(3) BizMusiq reserves the right to expand and improve its services at any time. No claim exists to the offering of additional functionalities for the services described in Paragraph 1.
3. Free-of-charge demo and conclusion of the contractual agreement
(1) After you have successfully created an account, a usage relationship is considered to have been realized. The creation of the account is considered to have been successfully completed when the user confirms the creation of the account, e.g. by clicking on an activation link online or in an e-mail.
(2) The user may use MizMusiq’s demo upon a free-of-charge basis.
(3) If the user subsribes under the »Account« tab and clicks on the »Purchase« button, a contractual relationship triggering costs will be realized.
(4) The contractual relationship will run for a specified (month or year) or unspecified length of time (recurring direct debit payments).
(1) The monthly or yearly fee for using BizMusiq is due before using the service (prepaid). The fee can be paid by SEPA direct debit or credit card.
(2) The user must ensure that the bank or credit card account from which the amount is deducted has the required funds to cover the payment. If the payment is not made owing to circumstances for which the user is responsible, BizMusiq may charge the additional costs incurred (e.g. costs of the charge back) to the user in the respective amount incurred.
(3) BizMusiq’s users will be provided with invoices in PDF format.
(1) The user can terminate the contractual agreement for the use of BizMusiq at any time under the »Account« tab. The termination will become effective at the end of the current billing month. Insofar as the user cannot use this option, the termination may also be declared in writing (e-mail) to BizMusiq.
(2) BizMusiq has the right to terminate the contractual relationship with a user without being required to state reasons for so doing by providing one months’ notice with the termination to become effective at the end of the respective billing month.
(3) If the user is late with his payment of the monthly amount by more than four weeks, BizMusiq reserves the right to terminate the contractual relationship with the termination to become effective at the end of the current billing month. BizMusiq’s claims, which have been created through the past usage of BizMusiq by the user, will remain unaffected.
(5) If BizMusiq is misused (see Clause 6 Para. 3) which results in substantial restrictions of BizMusiq for third parties, BizMusiq reserves the right to make extraordinary termination of the contractual relationship.
(6) Any extraordinary right of termination held by the user or BizMusiq will remain unaffected.
6. User’s obligations
(1) The user is obliged to truthfully provide information about his payment data (including the billing address) when the account is created or modified.
(2) The user is obliged to protect his login credentials for his BizMusiq account so they are not disclosed to unauthorised third parties.
(3) The user is forbidden from misusing BizMusiq’s services. Misuse is considered to have occurred especially in the following cases:
• Broadcasting BizMusiq music programs simultaneously on more (virtual) devices than allowed by the subscriptions paid for
• The use of technical tools or methods to duplicate (part of) the BizMusiq service or use the BizMusiq service in a way which restrict or may restrict the functionality of BizMusiq’s and/or BizMusiq’s partners (hosting) services (software, scripts, bots, etc.)
(4) BizMusiq is entitled to promptly delete any content (e.g. background images) created and/or uploaded by the user which is illegal and/or abusive.
7 API usage
(1) BizMusiq optionally offers its users supplemental access to their data and services via a so-called API (Application Programming Interface).
(2) API access is disabled by default. The user may activate API access on request. If a third-party service provider should receive access to data from an account or user via the API, the user has to additionally enter access credentials within the respective service.
(3) BizMusiq is not responsible for services or the use of services of third-party service providers who receive access to the data from the account or the user via the API
8. Usage rights
(1) BizMusiq will grant each user a simple, non-exclusive right to use BizMusiq for the duration of the contractual agreement for his own purposes. This usage right is non-transferrable.
(2) BizMusiq is a web service which is rendered by accessing BizMusiq’s or partner’s server or servers. Software is not being supplied to the user.
(3) Insofar as new versions, updates, upgrades or other changes are made to BizMusiq during the contractual term of the contractual agreement, the aforementioned provisions will be valid.
9. Availability of the services
BizMusiq ensures that the services specified in Clause 2 Para. 1 will be available 95% of the time on an annual average. Excluded from this guarantee are service defects for which BizMusiq is not responsible.
10. Liability limits
(1) If intentional wrongdoing or gross negligence has been committed, BizMusiq will be liable for all damages in unlimited fashion that have been caused by BizMusiq in conjunction with the rendering of the contractual services.
(2) If simple negligence has been committed, BizMusiq will be liable in unlimited fashion if loss of life, physical injury or damage to health has occurred.
(3) For free-of-charge services, BizMusiq will have no liability beyond the liability specified in Paragraphs 1 and 2.
(4) Otherwise, BizMusiq will be liable in conjunction with the rendering of fee-based services only insofar as BizMusiq has violated an essential contractual obligation. Essential contractual violations refer abstractly to such obligations whose fulfilment only then makes the proper implementation of the contractual agreement possible at all and upon whose fulfilment the user may regularly rely. In these cases, liability will be limited to providing damage compensation for foreseeable, typically occurring damages.
(5) Insofar as BizMusiq’s liability is excluded or limited in accordance with the aforementioned provisions, this will also be valid for the service provider’s vicarious agents.
(6) BizMusiq is a business to business service so no consumer focused liabilities apply.
11. Data protection
(1) In principle, no data of the user will be passed on to third parties.
(2) BizMusiq will process only the data of users which are required for the provision of the services.
(3) In order to process the payment transactions, personal / company data must be made available to third parties (payment service providers, banks and credit card companies). However, in this case, only those data will be made available which are absolutely required for the processing of the payment transactions. At no time will the user’s time tracking data be passed on to third parties.
(4) After the contractual relationship ends, the personal / company data will be deleted insofar as no legal retention obligations exist. In these cases, the data will be blocked.
12. Changes to these Terms of Service
(1) BizMusiq reserves the right to make changes to these Terms of Service in order to, for example, make adjustments as the result of changes in legal directives or to introduce new services.
(2) The user will be notified by e-mail of changes that are made to the Terms of Service. The changes will become effective if the user does not object to the changes within four weeks after the user receives the notification. The user will be specially notified in the e-mail of the possibility of lodging an objection and the deadline for so doing.
(3) If the user objects to the changes in the Terms of Service, BizMusiq will have the right to terminate and end the contractual relationship with the termination to become effective at the end of the current billing month.
13. Final provisions
(1) The law of The Netherlands is valid.
(2) BizMusiq’s commercial residence will be the exclusive legal venue for all disputes arising from the contractual relationship.
(3) If provisions of these General Business Terms and Conditions should be or become invalid, this will not affect the validity of the remaining provisions.
Version V1.1 March 2018