1 Scope
1.1 These Terms and Conditions (hereinafter “Terms”) apply to all of MUSIC2BIZ (hereinafter “MUSIC2BIZ” or “Provider”) services offered on the website, especially the music streaming service “MUSIC2BIZ” (hereinafter “music service” ) that are provided to users on the MUSIC2BIZ website with the URL www.music2biz.com or made available by applications for mobile or stationary devices (hereinafter “apps”).
1.2 By using the music platform, at the latest by completion of his personal registration, the user acknowledges the validity of these Terms and Conditions.
1.3 These Terms and Conditions shall also apply to the use of the apps provided by MUSIC2BIZ, if their use is not regulated by an additional End User License Agreement (EULA).
1.4 In addition to these Terms, the “Privacy Policy” of MUSIC2BIZ apply additionally. They can be accessed by the user at any time via the website of MUSIC2BIZ – as well as the present terms and conditions.
2 Contract
2.1 MUSIC2BIZ provides background music for business customers via online streaming. The conditions for the use of music streams are as follows:
2.2 The main component of the MUSIC2BIZ music service is the provision of music recordings to be accessed over the Internet in the form of music channels. The selected channels for background music are transmitted continuously to the device of the user. A permanent storage (download) of the music for the purpose of their permanent possession is excluded. The music service is provided as a subscriptions model.
2.3 The subscription includes the music rights, the licenses and the MUSIC2BIZ player software.
With a subscription, the subscriber gains access to music channels currently offered. All tracks are 100 % royalty free. A confirmation for the collecting societies you find here. MUSIC2BIZ maintains and updates the music channels constantly.
2.4 MUSIC2BIZ optionally sells streaming hardware to receive the MUSIC2BIZ music service.
2.4.1 Conclusion of the hardware contract
(a) The subject-matter of the contract is the selling of products. The key features of the goods can be found in the respective quote.
(b) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(c) You can submit a binding contractual offer (order) by telephone, Email, fax, post or via the online shopping basket system.
When purchasing via the online shopping cart system, the goods that you wish to purchase shall be placed in the “shopping cart”. You can access the “shopping cart” by clicking the relevant button in the navigation bar and can make changes to it at any time. After opening the “Pay Now” page and entering your personal data along with the payment and shipping terms, the order information shall be displayed once more time.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When you submit an order by clicking the relevant button, you submitt a binding offer to us.
You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
(d) The offer is accepted (and the contract therefore concluded) after ordering by telephone immediately or at the latest within 5 days by a confirmation in written form (e.g. email), which confirms implementation of the order or delivery of the goods (order confirmation).
If you do not receive a message to that effect during this period, the order shall no longer be binding. In such a case, any services rendered shall be refunded immediately.
(e) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
2.4.2 Prices, payment terms and shipping costs
(a) The prices stated in the respective offers are net prices. They do not include the statutory VAT.
(b) The dispatch expenses incurred are not included in the purchase price; they are separately accounted unless the delivery is promised to be free of cost. You can find more details under a correspondingly designated button on our Internet website or in the relevant offer.
(c) Payment options are displayed using a correspondingly designated button on our Internet website or in the relevant offer. If no other payment period is stated on the invoice or in case of individual payment types, the payment claims from the signed contract are immediately due for payment. Discount deduction is permissible only if it expressly stated in the relevant offer or in the invoice.
(d) SEPA debit note (base and/or corporate debit note)
If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate. The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.
We reserve the right to prohibit the use of the payment methods associated with SEPA base debit notes and/or SEPA corporate debit notes in individual cases.
2.4.3 Delivery conditions
(a) The probable delivery date is stated in the respective offer. Delivery dates and terms of delivery are binding only if they have been confirmed by us in writing. With the prepayment method via transfer, the dispatch of the goods does not take place until after our receipt of the full purchase price and the dispatch costs.
(b) If a product ordered by you is not available, contrary to expectations despite a timely completion of the relevant covering transaction, for reasons for which we are not responsible, you shall be informed about the non-availability without delay and in case of a withdrawal, the payments that have already been made by you shall be reimbursed immediately.
(c) The shipping shall take place at your risk. If you wish, the goods shall be shipped with a suitable transport insurance and the costs arising from the same shall be borne by you.
(d) Part deliveries shall be permissible and can be independently specified by you, provided this does not incur additional shipping costs for you.
2.4.4 Warranty
(a) The warranty period shall last for one year from the delivery of the goods. The reduction in time-limit does not apply:
– to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
– insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
– to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
– for statutory recourse claims, which you have against us in connection with warranty rights. (2) In terms of the quality of the goods, only our own information and the product description of the manufacturer shall be deemed to have been agreed, and not other advertising, public promotions and statements made by the manufacturer.
– a guarantee for the functional characteristics or the functional scope of services or hardware components from third-party providers is excluded
(b) In case of defects, we provide guarantee through repair or replacement at our own discretion. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
2.4.5 Right of retention, retention of title
(a) You can exercise the right of retention only if it concerns claims from the same contract relationship.
(b) The goods shall remain our property until the full settlement of all claims from the ongoing business relation. Pledging or assigning the goods as security before the transfer of property of the reserved goods is not permitted.
(c) You can resell the goods in the proper course of business. For this, all claims that arise from the resale in the amount of the invoice price shall be assigned to us already now; we shall receive the assignment. You shall be further authorised to collect the claim. If you do not properly meet your payment obligations, we shall reserve the right to collect the claim.
(d) In the event of connecting and blending goods that are subject to retention of title, we shall acquire co-ownership in the proportion of the goods’ invoice value in relation to other processed items at the time of processing.
(e) We shall be under obligation to release securities that are due to you if and when the feasible value of our securities exceeds the claims that are to be secured by more than 10%. The choice of the securities to be released shall reside with us.
2.4.6 Choice of law, place of fulfilment, jurisdiction
The German law shall apply with the exclusion of the UN purchasing law. The place of fulfilment as well the court of jurisdiction shall be our headquarters.
3 Offers and Service
3.1 With its music service MUSIC2BIZ provides access to an extensive repertoire. MUSIC2BIZ distinguishes between “test-user” and “subscriber”. MUSIC2BIZ reserves the right, if necessary, to design the access option and the services differently in different countries.
3.1.1 A “test users” of the music service is a user who has successfully completed the specified registration process by providing MUSIC2BIZ with current, complete, and accurate information as requested by the registration form. The use of MUSIC2BIZ is free during the test phase. The ability to access the MUSIC2BIZ music repertoire is limited. To use all the available access options permanently, a paid subscription is required.
3.1.2 “Subscriber” means any user of the music service, who decided to use the paid service or „upgraded“ from the „test user“ to a paid subscription, so that he can use all the services of MUSIC2BIZ without any operating restrictions in the long term. The various offers and service packages and their prices can be accessed via the MUSIC2BIZ tariff page.
3.2 MUSIC2BIZ offers each user the option, to use the music service for a, limited period of time (for example 30 days) to test for free (“trial” or “trial period”), the presently applicable „trial period“ is specified during the registration process. The test user can inform MUSIC2BIZ till 2 days before the test period ends, in case he wants to terminate the use of the service. This must be by in writing, such notification can be delivered by post or mail or via contact forms on the MUSIC2BIZ website. If the user does not terminate the use of the service, the trial automatically becomes a paid subscription and the regular conditions and termination options apply .
Participation in the free trial requires that the user already specifies his payment method at the beginning of the trials of MUSIC2BIZ and agrees, that MUSIC2BIZ after the free trial period settles the agreed fees for the selected scope. The account begins on the day following the last day of the trial period.
3.3. The subscriber may use the music service only as background music in restaurants, shops, factories, studios, offices and other business spaces of the company. The use of the music streams for any other purpose is prohibited. The subscriber warrants that he will not sell the music, provide others with the music streams or provide others with copies of the music. The Subscriber agrees without the right of objection to pay a penalty in the amount of € 500 for every day or every case of violation of the above points.
3.4 MUSIC2BIZ gives its users a “licence-free guarantee”, i.e.: MUSIC2BIZ guarantees its customers that all titles used in the music flat rates are licence-free. The user is fully responsible for ensuring that only music sources from MUSIC2BIZ are used at the location(s) he/she has registered for the use of the M2B music service. MUSIC2BIZ is not liable for the use of music from other sources.
3.5 If MUSIC2BIZ is issuing vouchers for free use of its music service, users only redeeming this to a limited pre-defined time period to use the music service in the period specified in association with the voucher. MUSIC2BIZ reserves the right to change or terminate a free voucher period at any time and for any reason, without any announcement. For the free use of the music service through a voucher the registration of the user at MUSIC2BIZ is set as a prerequisite.
3.6 If MUSIC2BIZ will offer content and / or functions free of charge in addition to its chargeable services, these are subject to change at any time without notice and that these additional services can be made acceccible against payment of a separate charge only. Moreover MUSIC2BIZ assumes no responsibility for the completeness and / or accuracy for all content and / or services offered free of charge.
3.7 To use the music service, the user has to meet the technical requirements at their own cost. He has to bear the cost of access and use of the Internet . Should the technical standards on the Internet or those of the music service change, then the user must adapt to these changes at his own expense. The necessary system requirements for using the MUSIC2BIZ content and /or services are posted on the website and should be read and observed by the customer prior to the subscribing.
4 Registration
4.1 To use the music service the user’s registration with a valid email address, a personal password and agreement to these Terms and Conditions and Privacy Statement of MUSIC2BIZ is required. In addition to this the first and last name, address, company name and a valid payment method must be specified. MUSIC2BIZ stores the data given by the user during the registration process and will sent a confirmation after the successful completion of the registration to the specified email address.
4.2 MUSIC2BIZ reserves the right to reject any registrations from users without giving reasons.
4.3 By registering, the user agrees that MUSIC2BIZ might send informations to him on service upgrades or service changes by email or by post.
5 User Account
5.1 After the successful completion of the registration by the user an individual user account (hereinafter “Account”) is made available.
5.2 Under “My Account” the user can manage all personal data. All information s of the user, which go beyond the requested registration data are voluntary, but must be truthful.
5.3 In addition, subscribers have the possibility to view their account history for the payable services ordered by them in their backoffice.
5.4 The personal account of the user is protected by the user’s chosen password from access by others. The user is obliged to treat his or her password confidential and to ensure the necessary care to ensure that third parties do not obtain access thereto. A passing of access to third parties and / or their authorization to use the user’s account is explicitly prohibited to the user. The user is solely responsible for ensuring that his credentials are not used unlawfully by third parties for access to MUSIC2BIZ. Once the user suspects that his credentials are lost, stolen or is otherwise under the impression that the personal account of the user is used by third parties, he shall immediately notify MUSIC2BIZ and change the password on his account.
5.5 The user can basically achieve his account from every internet device. The use of the music service is, however, possible only from one device at a time. A simultaneous use with multiple devices violates this User Agreement and is therefore not possible. Every currently played music stream is terminated on the used decice, when the user logs in simultaneously on another.
6 Subscription based service
6.1 The “premium area” of the music service is accessable for paying subscribers only.
6.2 The premium area of music service is offered exclusively to corporate clients.
6.3 Registration for the premium service of MUSIC2BIZ assumes that the user states the personal and corporate data, including its name, address, company name and the required payment data.
6.4 The registering of the user is a binding offer, which conclude a contract fee on the use of the services offered by MUSIC2BIZ. The Subscription Contract between MUSIC2BIZ becomes effective through MUSIC2BIZ´ sending of a confirmation e-mail to he user.
6.5 All details concerning the nature and extent of services, the details on the functions available and their availability are available on the MUSIC2BIZ site.
6.6 In order to continuously improve the quality of its services, MUSIC2BIZ occasionally carries out customer satisfaction surveys. The request to participate in these surveys is sent to subscribers by email to the email address stored in the customer account. The participation is voluntary.
6.7 After completion of the trial period, new customers will receive a subscriber welcome email. This email also contains a request for a customer evaluation of the MUSIC2BIZ services. The submission of a customer rating is voluntary. The subscriber welcome email is sent to the email address stored in the customer account.
7 Prices, payment processing and accounting
7.1 The prices stated on the website for MUSIC2BIZ subscriptions are mandatory net prices and do not include the legally applicable VAT always. MUSIC2BIZ reserves the right to change the subscription fees indicated for use of the music service at any time. Any price change and its effect is communicated to all subscribers in time in text form. If a subscriber won´t accept the changed prices, he is entitled to terminate the license agreement with the expiration of his current utilization period.
7.2 The payment for the selected subscription period is due immediately after the transmission of the confirmation e-mail and will be charged to the subscribers on chosen payment method in advance. The payment methods offered by MUSIC2BIZ are displayed to the subscribers during the registration process. Currently, the payment can be made either by direct debit, PayPal or credit card. MUSIC2BIZ reserves the right to change the payment methods offered at any time and / or exclude certain payment methods in individual cases.
7.3 Payments made by the subscriber are documented in his account back office. The invoice is analogous to the above payment periods. The invoice will be sent by email to the specified email address.
7.4 In the event that a payment of the subscriber could not be fullfilled, MUSIC2BIZ will inform the subscribers immediately by e-mail. The subscriber has the obligation to pay the total amount due as set out in the reminder email within five (5) business days to the account specified by MUSIC2BIZ. In case of a not successfully completed or undone payment MUSIC2BIZ is entitled to terminate the premium access for the user temporarily or the user account itself. However, the Subscriber will remain liable to settle the due.
7.5 Any additional costs that arise MUSIC2BIZ, because the payments could not be collected for a reason the subscriber is responsible for, eg due to an unauthorized chargeback or an insufficiently funded account, the subscriber has to reimburse these costs to MUSIC2BIZ.
8 Terms and notice
8.1 Test Users may terminate their free account at any time without notice for any reason with immediate effect against MUSIC2BIZ by deleting their account on the website. This hast he consequence of the irrevocable deletion of all personal data of the user, including his profile image, its playlists and other functions individually set up for him.
8.2 MUSIC2BIZ can cancel the free accounts at any time without giving reasons. If lawful, such notice is given by MUSIC2BIZ with a period of one (1) week in advance to users by e-mail.
8.3 The term of the paid usage contracts for the MUSIC2BIZ services applies for a period of 12 months. Deviating agreements must be made in writing. The subscription begins with the date of the online order. Test phases or special conditions may require a lead time. If notice of termination is not given in writing or by e-mail four weeks before the end of the subscription period, the subscription period will be extended by 12 months. The right to terminate without notice for good cause remains unaffected.
8.4 After an effective termination of the premium accounts MUSIC2BIZ will delete all user data at the end of the contract. According to the new regulation of § 309 Nr. 13 BGB of AGB-Law for an effective termination a declaration in writing is sufficient.
8.5 The right to extraordinary termination without notice for good cause exists for the user as well as for MUSIC2BIZ.
8.6 For all test users the present terms and conditions apply including all resultant rights and obligations accordingly, with the exception of pay duty.
9 Cancellation policy – Consumers have the following right of cancellation
9.1 Cancellation policy – Consumers have the following right of cancellation: The user may revoke his contractual declaration within 14 days in writing (eg letter, fax, e-mail) without giving reasons. Dispatch within the applicable notification period is sufficient. The revocation must be sent to:
MUSIC2BIZ, Tannenstrasse 1A, 85579 Neubiberg, Germany or by email: widerruf@music2biz.com
9.2 Consequences
In case of an effective withdrawal, the mutually received benefits are to be returned. If the user can only return them in a deteriorated condition, he must pay reasonable compensation to MUSIC2BIZ. This may mean that the user has to fulfill the contractual payment obligations for the period until the revocation. The deadline begins for the User with the dispatch of the cancellation notice, for MUSIC2BIZ with their reception.
9.3 Special Notes
The user’s right of cancellation expires prematurely if the contract is completely fulfilled by both parties before the user has exercised his right of withdrawal.
End of cancellation policy
10 Customer Support
10.1 The customer support of MUSIC2BIZ is available for all users in case of questions and / or problems related to the music services. You can reach the MUSIC2BIZ-Customer Service through the website.
10.2 Answers to the most common questions and / or problems can be found under MUSIC2BIZ FAQ, which are available at the website.
11 User Guidelines
11.1 The MUSIC2BIZ user account access is made available to each user for the duration of the subscription. It is not transferable.It may therefore be used only by those user who registered under his their names for the MUSIC2BIZ services. The user has to store his password securely and to protect against any misuse. The user is aware that he is liable for any damages by an unauthorized person.
11.2 The User agrees not to misuse the music service. An abuse of MUSIC2BIZ is ahead especially when the user attempts to gain unauthorized access to the system, to modify, delete, suppress or data or when he willfully violates in any way these terms and conditions.
11.3 For all users of MUSIC2BIZ the following actions are specifically prohibited:
11.3.1 The disclosure of their own access to MUSIC2BIZ and / or the use of other user accounts of MUSIC2BIZ;
11.3.2 The use of software, scripts, or mechanisms other technical resources that are likely to affect the operation of the Music Service or its applications;
11.3.3 Decompile the music service or its underlying software programs, disassemble or convert to using the Reverse-engineering to readable source code;
11.3.4 Any commercial use of the functions and / or content of the music service;
11.3.5 Any copyright relevant action as the reproduction, renting of content or login data etc;
11.3.6 the use of the music service to undertake a paid or unpaid public presentation of the available content on here;
11.3.7 The permanent storage and / or transmission of the content provided here about;
11.3.8 any act which is likely to affect the functioning of the Music Service or its infrastructure;
11.3.9 to remove any evidence of copyright, trademark or other intellectual property rights and / or to modify them
11.3.10 For each case of a violation of one or several Users of one or several provisions of these AGB the MUSIC2BIZ shall be entitled to exclude the User with immediate effect and without giving any reason and without the right for a claim for damages from MUSIC2BIZ.
12 Availability and liability
12.1 The user understands and hereby acknowledges explicitly that for technical reasons, no total availability of the music service can be guaranteed. In particular, regular and necessary maintenance and safety work that serve to maintain and improve the services of MUSIC2BIZ, and unforeseen events that are beyond the range of MUSIC2BIZ, occasionally requiring a separation of the systems from the Internet, so it may be time-limited downtime.
12.2 MUSIC2BIZ is liable for other damage only if the damage is due to gross negligence or willful misconduct of MUSIC2BIZ or one of its contractors. The liability is limited here to the time of concluding the contract reasonably foreseeable damage. This limitation of liability applies to both contractual and non-contractual claims
12.3 The liability due to mandatory statutory regulations remains unaffected in any case.
13 Amendment of Terms
13.1 MUSIC2BIZ has the right to change these Terms and Conditions any time.
13.2 In the event of a change in the Terms MUSIC2BIZ will notify the user of this in writing or by e-mail. The agreement of the user to the corresponding changes will be given as granted, if the user does not contradict the change in the Terms and Conditions within four (4) weeks after information.
13.3 The latest version of these Terms and Conditions may be accessed by the user at any time at the URL: http://music2biz.com/gtc/?lang=en
14 Final Provisions
14.1 MUSIC2BIZ is entitled to transfer all contracts falling within the scope of these terms with the user – in whole or in part –, with releasing effect to a third party. The user agrees to such transfer of contract hereby already now. In the event that MUSIC2BIZ will make use of the transfer option, the user has the right to terminate his contract extraordinarily without notice.
14.2 To all legal relationships between the user and MUSIC2BIZ the laws of the Federal Republic of Germany under exclusion of the CISG shall apply exclusively.
14.3 The exclusive place of jurisdiction is Munich.
14.4 A registration for MUSIC2BIZ can be made through the MUSIC2BIZ website only in German or English.
Online Dispute Resolution
The European Commission offers a platform for online dispute resolution. To visit the online dispute resolution platform use this link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show
_______________________________________________________________________________________
II. Customer information
1. Identity of the seller
MUSIC2BIZ UG
co / Bernd Awaloff
Daphnestr. 19
81925 MünchenDeutschland
Telefon: 08995472847
E-Mail: info@music2biz.com
2. Information regarding the conclusion of the contract
The technical steps for forming the contract and the formation of the contract, as well as the scope for correction are carried out as per the stipulation of § 2 of our General Terms and Conditions (part 1).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The entire contract wording shall not be saved by us. Before the order or request is submitted the contract information can be printed using the print function on the browser or saved electronically.
Last updated: 14.11.2019
