Terms & Conditions of Service
Last Updated: June 2025
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Happy Ever Audio Limited (Company Registration Number: 16389059, “we,” “us,” or “our”) and the client (“you” or “your”) for the provision of music arrangement services.
1. Service Description
1.1 Scope of Services: Happy Ever Audio Limited provides professional music arrangement services including:
- Custom musical arrangements for weddings, funerals, and special events
- Audio production and mixing services
- Delivery of final recordings in agreed digital formats
1.2 Service Limitations: We provide only recorded audio files and related deliverables. We do not provide:
- Live performances at events
- Physical attendance at venues
- Music performance services
1.3 Service Levels: Individual service packages may include varying numbers of revisions, deliverable formats, and turnaround times as specified in your quotation.
2. Formation of Contract
2.1 Offer and Acceptance: A binding contract is formed when:
- You accept our written quotation
- We receive your initial payment
- We confirm acceptance of your project in writing
2.2 Capacity: You warrant that you have full legal capacity to enter into this agreement and are authorized to do so on behalf of any entity you represent.
3. Payment Terms
3.1 Payment Structure:
- Initial Payment: 50% of the total project fee is due upon acceptance of quotation
- Final Payment: Remaining 50% is due upon completion of the project and before delivery of final files
3.2 Payment Methods: We accept bank transfers and other methods as agreed. All payments must be traceable for accounting purposes.
3.3 Late Payment: Overdue amounts will accrue interest at 8% above the Bank of England base rate, as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.
3.4 VAT: All prices are exclusive of VAT unless otherwise stated. VAT will be added at the prevailing rate where applicable.
4. Project Delivery and Revisions
4.1 Delivery Timeline: Project timelines will be specified in your quotation. Time is not of the essence unless expressly agreed in writing.
4.2 Revisions:
- The number of included revisions is specified in your service package
- Additional revisions beyond the included allowance will be charged at our current hourly rate
- All revision requests must be submitted in writing within 14 days of initial delivery
4.3 Approval Process: You must provide written approval or revision requests within the timeframe specified in your quotation.
5. Intellectual Property Rights
5.1 Ownership Transfer: Upon receipt of full payment:
- All intellectual property rights in the custom arrangements created specifically for your project transfer to you
- You receive an unlimited license to use the final recordings for your specified purposes
5.2 Pre-existing Rights: We retain all rights to:
- Our pre-existing intellectual property
- General techniques, methods, and know-how
- Any materials not specifically created for your project
5.3 Third-Party Rights: You acknowledge that:
- Arrangements of copyrighted works remain subject to the original copyright holder’s rights
- You are responsible for obtaining any necessary permissions for copyrighted material
- We do not grant rights we do not possess
5.4 Moral Rights:
We reserve the right to be identified as the arranger of the works, subject to reasonable commercial requirements.
6. Music Licensing and Legal Compliance
6.1 Client Responsibilities: You are solely responsible for:
- Obtaining necessary permissions for any copyrighted material to be arranged
- Ensuring appropriate venue licensing for public performance
- Securing any required broadcast or streaming licenses
- Compliance with all applicable music licensing laws
6.2 Venue Licensing: You acknowledge that:
- Most venues require PRS for Music and PPL licenses for public music performance
- Wedding ceremonies and funeral services are generally exempt from licensing requirements
- Recording or streaming of events may require additional licenses
6.3 Indemnification:
You agree to indemnify and hold us harmless from any claims, losses, or damages arising from:
- Your use of the delivered recordings
- Any copyright infringement related to material you provided
- Failure to obtain necessary licenses or permissions
7. Cancellation and Refunds
7.1 Cancellation by Client:
- Projects may be cancelled with written notice
- Initial payment is non-refundable once work has commenced
- You remain liable for all work completed up to cancellation
7.2 Refund Policy: No refunds are provided once work has been completed to the agreed specification. This does not affect your statutory rights where applicable.
8. Limitation of Liability
8.1 Liability Cap: Our total liability under this agreement shall not exceed the total fees paid by you in the 12 months preceding any claim.
8.2 Excluded Losses: We shall not be liable for:
- Indirect or consequential losses
- Loss of profits, revenue, or anticipated savings
- Loss of business opportunity or goodwill
- Any losses arising from your use of the deliverables
8.3 Exceptions:
Nothing in these Terms excludes or limits liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded by law
9. Termination
9.1 Termination Rights: Either party may terminate this agreement:
- Immediately for material breach that remains uncured after 14 days written notice
- Immediately upon the insolvency of the other party
- With 30 days written notice for any reason
9.2 Consequences of Termination:
- All outstanding payments become immediately due
- Each party must return or destroy the other’s confidential information
- Rights and obligations that by their nature should survive termination shall continue
10. Force Majeure
10.1 Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to:
- Acts of God, natural disasters, or severe weather
- Government actions, laws, or restrictions
- Pandemics, epidemics, or public health emergencies
- Industrial action, strikes, or labor disputes
10.2 The affected party must:
- Notify the other party within 7 days
- Use reasonable efforts to mitigate the impact
- Resume performance when the event ceases
11. Dispute Resolution
11.1 Resolution Process: Any disputes shall be resolved through:
Good faith negotiations between the parties for 30 days
If unsuccessful, mediation under CEDR Model Mediation Procedure
If mediation fails, binding arbitration under ICC Rules
11.2 Jurisdiction: These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction for any matters not subject to arbitration.
12. Data Protection
12.1 We process personal data in accordance with our Privacy Policy and applicable data protection laws including the UK GDPR and Data Protection Act 2018.
12.2 You warrant that you have obtained all necessary consents for any personal data you provide to us.
13. General Provisions
13.1 Entire Agreement: These Terms constitute the entire agreement between the parties and supersede all previous agreements relating to the subject matter.
13.2 Variation: Any variation to these Terms must be in writing and signed by both parties.
13.3 Severability: If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force.
13.4 Assignment: You may not assign your rights under this agreement without our prior written consent.
13.5 Third Party Rights: No third party shall have any rights to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.
13.6 Notices: All notices must be in writing and sent to the registered office address or email address provided by each party.
14. Contact Information
Happy Ever Audio Limited
Bowman House Business Center
Whitehill Lane
Royal Wootton Bassett
SN4 7DB
Email: ben@happyeveraudio.co.uk
Company Registration Number: 16389059
Privacy Policy
1. Introduction
This Privacy Policy explains how Happy Ever Audio Limited (“we,” “us,” or “our”) collects, uses, shares, and protects personal information. We are committed to protecting your privacy and complying with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Data Controller: Happy Ever Audio Limited
2. Information We Collect
We collect and process the following categories of personal data:
2.1 Contact Information
- Name and title
- Email address
- Phone number
- Postal address
2.2 Project Information
- Event details (dates, venues, type of event)
- Musical preferences and requirements
- Special requests or instructions
2.3 Financial Information
- Billing address
- Payment transaction records
- VAT information where applicable
2.4 Communications Data
- Emails and messages exchanged regarding projects
- Revision requests and feedback
- Customer service interactions
2.5 Technical Data (if you visit our website)
- IP address
- Browser type and version
- Time zone setting
- Operating system
3. How We Use Your Information
We process your personal data based on the following lawful bases:
3.1 Contract Performance (Article 6(1)(b) UK GDPR)
- Providing music arrangement services
- Processing payments
- Communicating about your project
- Delivering final audio files
3.2 Legal Obligations (Article 6(1)(c) UK GDPR)
- Maintaining financial records for tax purposes
- Complying with legal requirements
3.3 Legitimate Interests (Article 6(1)(f) UK GDPR)
- Improving our services
- Protecting against fraud
- Maintaining business records
- Direct marketing to business contacts (B2B only)
3.4 Consent (Article 6(1)(a) UK GDPR)
- Sending marketing communications (B2C)
- Using testimonials or project examples
4. Data Sharing
We may share your personal data with:
4.1 Service Providers
- Payment processors
- Cloud storage providers
- Professional advisers (accountants, lawyers)
- IT support services
4.2 Legal Requirements
We may disclose data where required by law, court order, or regulatory authorities.
4.3 Business Transfers
In the event of a merger, acquisition, or sale of assets, personal data may be transferred to the relevant third party.
We do not sell your personal data to third parties.
5. International Transfers
Your data is primarily processed within the UK. If we transfer data outside the UK, we ensure appropriate safeguards are in place:
- Adequacy decisions
- Standard contractual clauses
- Your explicit consent
6. Data Retention
We retain personal data for the following periods:
- Client project data: 7 years after project completion (for legal and tax requirements)
- Financial records: 7 years (statutory requirement)
- Marketing contacts: Until you opt-out or we determine the data is no longer relevant
- Website analytics: 26 months
7. Your Rights
Under UK GDPR, you have the following rights:
7.1 Right to Access: Request a copy of your personal data
7.2 Right to Rectification: Request correction of inaccurate data
7.3 Right to Erasure: Request deletion of your data (subject to legal obligations)
7.4 Right to Restrict Processing: Request limitation of processing
7.5 Right to Data Portability: Receive your data in a structured format
7.6 Right to Object: Object to processing based on legitimate interests or direct marketing
7.7 Right to Withdraw Consent: Where processing is based on consent
To exercise these rights, contact us at [email address]. We will respond within one month of receipt.
8. Data Security
We implement appropriate technical and organizational measures to protect your personal data:
- Encryption of data in transit and at rest
- Access controls and authentication
- Regular security assessments
- Staff training on data protection
- Incident response procedures
9. Cookies
If you visit our website, we may use cookies for:
- Essential website functionality
- Analytics (with your consent)
- Marketing (with your consent)
You can manage cookie preferences through your browser settings or our cookie consent tool.
10. Children’s Privacy
Our services are not directed to individuals under 18. We do not knowingly collect personal data from children.
11. Third-Party Links
Our communications may contain links to third-party websites. We are not responsible for their privacy practices.
12. Changes to This Policy
We may update this Privacy Policy periodically. We will notify you of significant changes via email or website notice.
13. Complaints
If you have concerns about our data processing, you have the right to lodge a complaint with:
Information Commissioner’s Office (ICO)
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Website: https://ico.org.uk