Online terms and conditions for Jamma Group Ltd
Artist – Artist
Collaboration Enquiry
Please read the following important terms and conditions before you book anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
- if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
- if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘we’, ‘us’ or ‘our’ means Jamma Group Ltd, a company registered in England and Wales; and
- ‘you’ or ‘your’ means the person using our site to buy services from us.
If you have any questions about this contract or any orders you have placed, please contact us by:
sending an email to [email protected]; or using the Contact Us page on our website
Definitions
- Artist: The individual/Bands offering their music and/or services to other Artists.
- Artists Profile Page: the profile belonging to the Artist.
- Artist Creator: Artist providing services for another Artist as a collaboration project.
- Artist Recipient: Artist receiving the services provided by another Artist for a collaboration project.
- Booked Artist: means the Artist's booked for a collaboration performance.
- Booking Artist: means the Artist looking to book another artist for a collaboration performance.
- Collaboration Performance: Means a performance between Artists.
- Collaboration Project: The ability for Artists to connect and work together to deliver services and products on a project basis.
- Collaboration Job Cost: Means the fee for the Artist's collaboration performance or collaboration project, as set out within the booking process, payable by the Booking Artist or Artist Recipient.
- Client: Is either a Booking Artist or Artist Recipient.
- Content: the uploading texts, photos, audio, video, information and any other content applicable to your Member page (“Content”).
- Total Collaboration Job Cost: Means the total fee including any extra cost items for the Artist's collaboration performance or collaboration project, as set out within the booking process, payable by the Booking Artist or Artist Recipient.
- Platform: the entity that governs the use of our website, applications, and other offerings from us.
Do you need extra help?
If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
Who are we?
We are Jamma Group Ltd, a company registered in England and Wales under company number:08664982.
Our registered office is at: 49 Church St, St Theale, Reading RG7 5BX.
Our VAT number is: 361083810.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
Table of Contents
1. Introduction
13. No show policy
15. General Terms & Conditions
15.1 Reviews
15.3 Faolty services
15.4 End of the contract
16. Jamma’s Role
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17.2 Phishing and Spam
17.3 Privacy & Identity
17.6 Fraud / Unlawful Use
17.7 Abuse and Spam
17.8 Artist Profile Pages
17.9 Indemnification
17.10 Circumvention
18. Content
20. Complaints
23. Privacy
25. Disputes
1. Introduction
- 1.1 This contract is only available in English. No other languages will apply to this contract.
- 1.2 These terms of service are a binding legal agreement between you and Jamma that govern the use of our website, applications and other offerings from us (collectively known as the “Platform“). We (“Jamma”) act as a connection between the Booking Artist, Booked Artist, Artist Creator and Artist Recipient. We, as a platform are not a party to the booking contract between you as a Client and you as an Artist. We are therefore not liable or do not accept responsibility for any non-fulfilment of contract or breach.
- 1.3 Jamma and the Platform offers an online booking service that enables our members to: Offers their services from Artist to Client; and Services from Artist to Artist.
- 1.4 Artists on our Platform will offer their services, whether it be for booking for a live event or performance or for a collaboration, producer services on records, a backing singer, guitar player to other Artists or to Clients and a variety of other services (collectively referred to as “Artist services”).
- 1.5 You must register an account with us in order to access and use the features of our Platform and you must keep all of your account information accurate. As the provider of the Platform, we do not own or control or manage any of the services provided by the Artist Services. We are not a party to the contracts concluded directly between Artists. In addition, we are not acting as an agent for any Member, except as specified in our Payment Terms.
- 1.6 To learn more about our role see clause 16 below.
- 1.7 When registering on our website you also agree to be legally bound by:
- 1.7.1 our website terms and conditions and any documents referred to in them;
- 1.7.2 Our Privacy Policy and Cookie Policy;
- 1.7.3 extra terms which may add to, or replace some of, this contract. This may happen for legal, security and/or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice; and
- 1.7.4 All the above documents form part of this contract as though set out in full here.
2. Membership Subscription Structure – Artist
- 2.1 You need to register on our Platform to become an Artist.
- 2.2 We recognise that starting out might be difficult. As such, our Platform offers the Artist an opportunity of “don’t pay until you pay”. As an Artist, once you have registered with us, the Platform will be FREE until you confirm your first Collaboration Performance or Collaboration Project.
- 2.3 After confirmation of your first Collaboration Performance or Collaboration Project, you agree to pay £6.99 inclusive of VAT each month to stay registered on our Platform.
- 2.4 The fee payable is a rolling contract; however, you are allowed to cancel at any time through your account settings. If you choose to cancel midway through the month, then we will not reimburse you for that month.
- 2.5 You will be notified prior to agreeing the subscription fee when money will be taken from you and when the next payment is due.
- 2.6 If we cannot accept your subscription request for any reason, we will inform you of this by email.
- 2.7 You will need to register an account with Stripe to unlock enquiries.
- 2.8 You can securely pay using our Stripe integration.
- 2.9 You can relieve money securely using our Stripe integration.
3. Personal Information and Registration
- 3.1 When registering to use the Website and Platform you must set up a username and password. You remain responsible for all actions taken under the chosen username and password.
- 3.2 We retain and use all information strictly under the Privacy Policy.
- 3.3 We may contact you by using email or other electronic communication methods and you expressly agree to this.
4. Your privacy and personal information
4.1 Click here to read our Privacy Policy
- 4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
5. Searching and booking process for Artist-Artist
- 5.1 Once you have registered yourself on our Platform, you will have a basic User Account (“User Account”). As an Artist, you will be asked to create an Artist Profile Page which will allow you to search for Artists to book for either a Collaboration Performance or Collaboration Project.
- 5.2 You will be able to search for an Artist through our search engine which will provide you with a list of Artists according to your specifications. You will be taken to the Artist's Profile Page whereby you will be able to see their skill set and what they are available for and how much they cost.
- 5.3 Once you have found the Artist and would like to book Artist Services, you will be required to follow the enquiry process:
- 5.3.1 You contact the Artist directly with any further enquiries you may have in relation to the booking. All communication is made through our live messaging system through the Platform.
- 5.3.2 Once you have agreed the Artists Services and payment terms, you will be directed to our payment page.
- 5.3.3 You will be asked to confirm that you agree to the terms of our Cancellation Policy and Payment Policy.
- 5.3.4 No deposit is taken.
- 5.3.5 Payment will be taken upfront in full and held securely until the completion of the collaboration performance or collaboration project. We will hold money on account in
- 5.3.6 All money will be released within 48 hours after the Collaboration Performance or Collaboration Project is complete. The exception to this is if a dispute is raised, in which case the money will be held in escrow until resolved. In the event there is a dispute, then we will hold money in our Stripe account for a maximum period of 14 days.
- 5.3.7 The platform offers the ability for you to “Approve & Pay Now”. This function will allow you to release funds prior to any performance taking place. This will be at your own risk and is non-refundable.
- 5.4 We may contact you to say that we do not accept your booking. This is typically for the following reasons:
- 5.4.1 The Artist has contacted us to state that they cannot carry out the Artist Services.
- 5.4.2 We cannot authorise your payment.
- 5.4.3 There has been a mistake on the pricing or description of the Services.
- 5.5 We will only accept your order when it’s confirmed through the live chat system. We will email you to confirm this (Confirmation Email) that there has been a Booking. At this point:
- 5.5.1 A legally binding contract will be in place between you and the Artist.
- 5.5.2 If you are under the age of 18 you may not buy services from the site.
6. Collaboration Job Cost
- 6.1 A Collaboration Job Cost will be set and added by the Artist as part of the Booking Process. Jamma has no influence or control over the Collaboration Job Cost. The Artist will set the cost according to the Booking.
- 6.2 The Collaboration Job Cost is the fee payable by the Client to the Artist for the agreed terms of the Performance or Project as discussed and agreed within the live chat system.
- 6.3 All negotiations and agreements must be carried out through the live chat feature on the Platform.
- 6.4 The Collaboration Job Cost is visible for the Client to see and accept within the live chat system.
- 6.5 The Collaboration Job Cost will be charged to you when the Booking is confirmed within the live chat system.
- 6.6 You will be asked to pay the Collaboration Job Cost using Stripe payment provider.
- 6.7 All money will be released within 48 hours after the Collaboration Performance or Collaboration Project is completed. The exception to this is if a dispute is raised, in which case the money will be held in escrow until resolved. In the event there is a dispute, then we will hold money on account for a maximum period of 14 days.
- 6.8 The Platform offers the ability for you to “Approve & Pay Now”. This function will allow you to release funds prior to any Performance Event taking place. This will be at your own risk and is non-refundable.
- 6.9 Please review our cancellation policy to understand when a refund may be issued for the Collaboration Job Cost.
- 6.10 The Total Collaboration Job Cost is the fee payable by the Client to the Artist, inclusive of any additional items E.g (but not limited to) Travel Expenses, that have been agreed between the Client and the Artist within the Booking/Enquiry live chat system.
- 6.11 The Collaboration Job Cost is applicable for all Collaboration bookings.
7. Changes to Artist Booking
- 7.1 Any changes required to an Artist Booking should be made through the Platform’s live chat system. In addition, any changes must be mutually agreed between the Artist and you. In the event you need to change the Artist Booking, you will be given the opportunity to go back into the Booking and use the live chat function to request the change. The Artist will be given the ability to update and amend the booking if they agree to your requests. You will receive an update via email and through the Platform if they agree to the change.
- 7.2 If an agreement cannot be reached in relation to your request, then, the original agreement will continue, unless specifically terminated by the Client or the Artist in writing via the Platform. Any cancellations will be notified to Jamma directly.
- 7.3 Any changes must be agreed prior to confirming the booking. Any additional changes that may affect the outcome of the Booking will be subject to cancellation and rebooking. This will be agreed between you and the Artist through the booking live chat system.
8. Cancellation of Artist
- 8.1 All cancellations are subject to our Cancellation Policy.
- 8.2 In the event you need to cancel a confirmed Booking, you can do so through your “Bookings” which is located within your account.
- 8.3 This needs to be mutually agreed in writing by both parties within the live chat system.
- 8.4 As we will be holding and taking full payment of funds, funds will not be released until the collaboration undertaken by the instructed Artist is complete.
- 8.5 You are not entitled to cancel the booking with an Artist based on the quality of service delivered by the Artist if the service given (and the performance) was as described in the Artists Profile Page and as agreed as part of the booking.
- 8.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- 8.7 If there is a last-minute cancellation requirement, this can be raised via the dispute option within the confirmed booking, through the live chat system. The “Raise Dispute” option will be made available at midnight on the day Event Start Time.
9. Cancellation policy for Collaboration Performance
9.1 As an artist, what happens if I cancel?
- 9.1.1 Jamma will not take any responsibility if an Artist cancels the Booking. Any disputes you may have in relation to the cancellation by the Artist should be directly taken up with the Artist.
- 9.1.2 In the event, you need to cancel, you must speak to the Artist immediately through the live chat system and inform them that you need to cancel.
- 9.1.3 In addition to clause 9.1.2 you will also be required to inform Jamma of your wish to cancel and provide a reason for your cancellation. The cancellation function will be available via your profile under bookings or enquiries.
- 9.1.4 Artists will look to source an alternative suitable act. If a suitable act is not available, a full refund of the booking will be made to the Client.
- 9.1.5 If no acceptable evidence can be provided by the Artist as to the reason for cancellation, this may lead to us making a decision to permanently ban you from the Platform. The following constitutes a reasonable cancellation:
- 9.1.5.1 Transport Issues;
- 9.1.5.2 Weather Impact;
- 9.1.5.3 Injury/Sickness/Death - appropriate Doctors note for illness; and
- 9.1.5.4 COVID-19 - A positive PCR Test
- 9.1.5.5 Force Majeure.
- 9.1.5.5.1 In occasions where a performance cannot take place due to a “Force Majeure Event” this agreement will be null and void. A Force Majeure Event, under Jamma’s terms, occurs outside the reasonable control of a party that prevents that party from being able to comply with its obligations, such as (without limitation) war, fire, death, illness, or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy and act of God. Jamma will be unable to enforce the transfer of funds between parties.
- 9.1.6 If time does not permit (e.g., on the day of the event) and you are not prepared to accept a Deputy Musician, you must reject the Deputy Musician through the instant messenger function in the booking process. If you do not properly reject the Deputy Musician, then the full booking fee will be due to the Artist.
- 9.1.7 If an Artist contacts you outside the Platform, we will not be held responsible and we do not accept any liability in relation to any issues discussed and agreed outside the Platform. All communications must be carried out through our live chat function. We reserve the right to ban you from the Platform if it comes to our attention that you are discussing outsourcing a Booking not within the Platform.
- 9.1.8 Any changes to the original agreement will be updated and reflected to all parties.
9.2 As an artist, what happens if a client cancels?
- 9.2.1 If a Client cancels on 12 months ‘or more notice of the Event Start Time, no cancellation fee will be due. The Client will receive a full refund
- 9.2.2 If a Client cancels within 72 hours of making a Booking, the Client will receive a full refund.
- 9.2.3 Short Term Cancellation: If a Client cancels within 72 hours of the Event Start Time, you as an Artist will receive 70% of the Collaboration Job Cost for preparation work already undertaken.
- 9.2.4 If a Client cancels 60 days or more up to 12 months from the Event Start Time, you as an Artist, will receive 10% of the Collaboration Job Cost for preparation work already undertaken.
- 9.2.5 If a Client cancels between 31 and 60 days before the Event Start Time, you as an Artist will receive 20% of the Collaboration Job Cost for preparation work already undertaken.
- 9.2.6 If the Client cancels within 30 days of the Event Start Time, you as an Artist will receive 30% of the Collaboration Job Cost for preparation work already undertaken.
- 9.2.7 If the Client cancels within 14 days of the Event Start Time, you as an Artist will receive 50% of the Collaboration Job Cost for preparation work already undertaken.
- 9.2.8 Artists' travel expenses are non-refundable unless you fall under the criteria in which a full refund is issued. Please see above.
Artist - Artist - Collaboration Performance Cancellation - Fees due to the Artist | ||||||
Fees Due (Collaboration Job Cost) | Notice Period (of event start time) | |||||
Contract Duration (How long before the event start time) | 12 months + | 60 Days + | 30 Days + | > 30 days | > 14 days | > 72 hours |
12 months + | 0% | 0% | 0% | 0% | 0% | 0% |
60 Days + | NA | 10% | 20% | 30% | 50% | 0% |
30 Days + | NA | NA | 20% | 30% | 50% | 0% |
< 30 Days | NA | NA | NA | 30% | 50% | 0% |
< 14 Days | NA | NA | NA | NA | 50% | 0% |
< 72 hours | NA | NA | NA | NA | NA | 70% |
9.3 As a client, what happens if I cancel?
- 9.3.1 If you cancel on 12 months’ notice or more of the Event Start Time, no cancellation fee will be due and you will receive a full refund.
- 9.3.2 If you cancel within 72 hours of making your Booking, you will receive a full refund.
- 9.3.3 Short Term Cancellation: If you cancel within 72 hours of the Event Start Time, you will only receive a 30% refund of the Collaboration Job Cost.
- 9.3.4 If you cancel 60 days or more up to 12 months from the Event Start Time, you will receive a 90% refund of the Collaboration Job Cost.
- 9.3.5 If you cancel between 31 and 60 days before the Event Start Time, you will receive a 80% refund of the Collaboration Job Cost.
- 9.3.6 If you cancel within 30 days of the Event Start Time, you will receive a 70% refund of the Collaboration Job Cost..
- 9.3.7 If you cancel within 14 days of the Event Start Time, you will receive a 50% refund of the Performance Job Cost..
- 9.3.8 Artists' travel expenses are non-refundable unless you fall under the criteria in which a full refund is issued. Please see above.
Artist - Artist - Collaboration Performance Cancellation - Fees due to Client | ||||||
Fees Due (Collaboration Job Cost) | Notice Period (of event start time) | |||||
Contract Duration (How long before the event start time) | 12 months + | 60 Days + | 30 Days + | > 30 days | > 14 days | > 72 hours |
12 months + | 100% | 100% | 100% | 100% | 100% | 100% |
60 Days + | NA | 90% | 80% | 70% | 50% | 100% |
30 Days + | NA | NA | 80% | 70% | 50% | 100% |
< 30 Days | NA | NA | NA | 70% | 50% | 100% |
< 14 Days | NA | NA | NA | NA | 50% | 100% |
< 72 hours | NA | NA | NA | NA | NA | 30% |
10. Collaboration Project - Artist-Artist
- 10.1 The Platform may enable Artists to find other Artists, negotiate transactions for Collaboration Projects, and enter into agreements resulting from such negotiations. The Artist Creator and Artist Recipient must enter into a written agreement electronically through the enquiry process and live chat system, that provides the terms and conditions of the Collaboration Project, and that describes and sets out potential limitations on the Artist Recipient’s right to use, reproduce, modify, adapt, publish, translate, distribute, perform (publicly or otherwise), and otherwise exploit the materials, information, sounds, recordings, and other content provided by the Artist Creator in connection with the applicable Collaboration Project.
- 10.2 Any intellectual Property issues must be agreed between you as the Artist Creator and you as the Artist Recipient. We will not be held liable in relation or for any Intellectual Property disputes arising out of a Collaboration Project.
- 10.3 If required, the Artist Creator delivers the completed files and/or proof of work to the Artist Recipient according to the service that was agreed within the live chat system and purchased through the booking process. A Maximum 3MB limit is available for upload. Anything over this will need to be securely transferred to the Artist Recipient. We are not responsible in the event you use tools outside of the Platform to upload and or transfer any files
- 10.4 Users are responsible for scanning all transferred files for viruses and malware. The platform will not be held responsible for any damages which might occur due to site usage or use of content or files transferred.
- 10.5 A Collaboration Project is activated when the Artist Recipient has paid the agreed price.
- 10.6 The money will be taken in full at the point of confirmation. Artists Recipient will be notified of the payment details and to agree with our terms and conditions. The money will be held securely within our Stripe platform, until the Collaboration Project has reached 48 hours after the agreed delivery date.
- 10.7 When the Artist Recipient has paid the Total Collaboration Job Cost, securely through our Stripe integration payment, the Platform will notify the Artist Creator that the Collaboration Project has been confirmed and Artist Creator can begin working on the Collaboration Project
- 10.8 When the Artist Creator has completed the Collaboration Project, the Artist Creator will submit for Artist Recipient's review and approval. After a Collaboration Project has been completed and delivered to the Artist Recipient's reasonable satisfaction, the Artist Recipient will confirm that the Collaboration Project is completed through the Platform, by using the “Approve & Pay Now” option within the confirmed enquiry.
- 10.9 By marking the Collaboration Project as completed, the Artist Recipient is confirming the project has been completed to their satisfaction, goods and services paid for have been fully received and there is no dispute for the transaction. Before marking the Collaboration Project as completed, if the Artist Recipient determines what has been submitted does not match the Collaboration Project requirements and description, the Artist Recipient may, if agreed so in the Collaboration Project Terms, request that the Artist Creator revise the work. Upon the Artist Recipient’s confirmation that the Collaboration Project Transaction is completed, the payment will be released to the Artist Creator.
- 10.10 When the Artist Creator accepts a Collaboration Project posted by Artist Recipient on the Platform, the Artist Creator is obliged to fulfil the Collaboration Project in accordance with the Collaboration Project Terms. If the Artist Creator is unable to fulfil the Collaboration Project, a refund will be issued.
- 10.11 If a Collaboration Project is not marked completed or requested to be revised by Artist Recipient within 14 days after submitted by the Artist Creator, the Platform has the right to mark the Collaboration Projects as completed, whereby the Total Collaboration Job Cost is released to the Artist Creator.
- 10.12 If no issues are raised, Total Collaboration Job Cost will be automatically released to the Artist Creator within 48 hours of the Delivery Date.
11. Use of Deputy Musicians
- 11.1 Artists are required to use their own line up on our Platform as advertised. However, in the event a fellow Artist is not able to perform their services at the collaboration performance, they are also allowed to retain the right to substitute a performer due to unforeseen circumstances.
- 11.2 Any changes to the agreed line-up must be communicated in writing via their profile page between both Artists.
- 11.3 Any alternate arrangement will be subject to the same contractual agreement.
- 11.4 It will be the responsibility of the Artist booked to source a deputy musician. This can be done via the Platform.
12. Artist Responsibilities
- 12.1 Artists are required to perform to their highest standard in a way they have represented themselves on the ‘Platform’ via their promotional material and Profile page.
- 12.2 The Artist is required to provide the necessary equipment at the Performance Event.
- 12.3 The Artist is responsible for the safety of their own equipment. The equipment must be PAT tested annually and you must ensure that it is fit for purpose.
- 12.4 The Artist is required to have public liability insurance of up to £1,000,000.
- 12.5 The Artist is not employed by us nor is a consultant with us and they are responsible for their own accounting and legal requirements.
- 12.6 The Artist shall not drink alcohol excessively before, during or after their performance.
- 12.7 The Artist will not use any illegal drugs whatsoever on the day of the event or at the Performance Event. In the event it comes to our attention that you have used illegal drugs at a Performance Event, we retain the right to permanently delete and ban you from our Platform.
- 12.8 The Artist agrees to adhere to the Client requests at the Performance Event within reason, and always should conduct themselves in a suitable manner. The Artist further agrees to dress in an appropriate manner for the Performance Event unless otherwise agreed in writing with the Client.
- 12.9 The Artist agrees not to partake in any behaviour deemed to be anti-social or that would reflect negatively on Jamma or the Client.
- 12.10 The Artist is required to arrive ahead of the agreed time at the Performance Event in order to prepare and set up.
- 12.11 The Artist is allowed to refuse to perform if the Client has not made it clear prior to the Event that there is a sound limit restriction which would affect the quality of their performance at the Performance Event.
- 12.12 The Artist retains the right to leave the Performance Event if they feel that they are in a real and threatened danger and/or are threatened by the Client and any guest. In the event this occurs, the Artist will receive their total collaboration job cost.
- 12.13 The Artist is required to inform the Platform via the contact us page if they are asked to receive a payment through any other means other than through our stripe payment integration.
13. No show policy
- 13.1 A “No Show” occurs when an Artist does not inform the Client that they do not intend to carry out the Performance Event or advise the Client that they would like to cancel the Performance Event less than 72 hours before the Performance Event start time.
- 13.2 In the event a “No Show” event occurs, a full refund will be issued to you.
- 13.3 We will not be liable for any loss suffered because of a No-Show event occurring.
- 13.4 We retain the right to remove the Artist from our Platform and seek damages from the Artist of up to 100% of the Total Collaboration Cost.
14. Effects of cancellation of Membership
- 14.1 You can cancel your membership at any time by clicking the cancellation subscription in your profile. You will not be charged for the next month’s membership once you have followed the correct cancellation procedure.
15. General Terms & Conditions
15.1 Reviews
- 15.1.1 Artists will be given the opportunity to review each other. When submitting your review, it must be accurate and will not contain any defamatory or offensive statement that violates our Review Policy, Content Policy and Privacy Policy. We do not take any responsibility for any negative reviews given. Reviews will be moderated by the platform.
15.2 Payment and Booking fees
15.2.1 Any payments made and/or taken through our Platform are transferred using our payment provider, Stripe. Stripe is PCI certified and is a PCI Service Provider 1 level. By making payments through our Platform you agree to Stripe’s terms and conditions.
- 15.2.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the services is secure by using Stripe. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
- 15.2.3 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 9 and 18.
- 15.2.4 Where applicable, all prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
15.3 Faulty services
- 15.3.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
- 15.3.2 visit our webpage: [insert details such as ‘Our promises to you if things go wrong’];
- 15.3.3 Contact us using the contact details at the top of this page; or
15.3.3.1 Visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
- 15.3.4 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
- 15.3.5 If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.
15.4 End of the contract
- 15.4.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
16. Jamma’s Role
- 16.1 We are a platform provider that enables Artists to publish, offer their services, search for and book others Artist Services. When an Artist makes or accepts a booking, they are entering into a contract directly with each other and not the platform.
- 16.2 We are not and do not become a party to or other participants in any relationship between our Artists. In addition, we do not act as an agent for any Artist except where we act as a collection agent provided in our Payment Terms.
- 16.3 We do not and it is not in our control the conduct and/or performance of an Artist and we do not in any way guarantee the performance/reliability of an Artist or the truth in their descriptions on their own page.
- 16.4 You agree and acknowledge that we are not under any obligation to review, disable access to, remove and/or edit content. However, you also acknowledge that we do have the right to review and disable access to, remove or edit content to operate a secure Platform (including but not limited to fraud, risk assessment investigation and any customer supports services; ensure that our Artists comply with our Terms and Conditions and comply with any and all applicable laws and or court order)
17. Jamma Platform Rules
17.1 Inappropriate Behaviour & Language
- 17.1.1 Communication on Jamma should be friendly, constructive, and professional. Jamma condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to review others, and to engage on larger platforms such as our Social Media page.
17.2 Phishing and Spam
- 17.2.1 Security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another account or computer environment is strictly prohibited. Please respect each other’s privacy by not contacting them with offers, questions, suggestions, or anything which is not directly related to their bookings.
17.3 Privacy & Identity
- 17.3.1 You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the booking enquiry. Artists further confirm that whatever information they receive from the client, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the client. Any users who engage and communicate off the platform will not be protected by our Terms of Service.
17.4 Authentic Artist Profile Page
- 17.4.1 You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the booking enquiry. Artists further confirm that whatever information they receive from the Client, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the client. Any users who engage and communicate off the platform will not be protected by our Terms of Service.
17.5 Intellectual Property Claims
- 17.5.1 The platform will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
17.6 Fraud / Unlawful Use
- 17.6.1 You may not use The Platform for any unlawful purposes or to conduct illegal activities.
17.7 Abuse and Spam
- 17.7.1 Multiple Accounts
- 17.7.1.1 To prevent fraud and abuse, users can have multiple active Jamma accounts. However, any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Jamma community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violation of Jamma’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
- 17.7.2 Targeted Abuse
- 17.7.2.1 We do not tolerate users who engage in targeted abuse or harassment towards other users on Jamma. This includes creating new multiple accounts to harass members through our message or booking system.
17.7.2.2 If you feel that you need to raise any concern with us, please us the “Get in touch” section on our website, or email us at [email protected]
17.8 Artist Profile Pages
- 17.8.1 You must register an account with us to access and use the many features of our Platform. Registration is only permitted for individuals who are 18 years or older, legal entities and partnerships.
- 17.8.2 You must provide accurate, complete, and up to date information when registering on our Platform. You may only register one account and you may not transfer your account to someone else.
- 17.8.3 You are solely responsible for maintaining the confidentiality and security of your account. In the event you believe that any of your account details have been stolen and/or your account has been compromised in any way, you must immediately inform us.
- 17.8.4 You remain liable and are solely responsible for the activities conducted through your account.
17.9 Indemnification
- 17.9.1 To the maximum extent permitted by law, you agree to release, defend (in our opinion) indemnify, and hold us) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- 17.9.1.1 your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our policies.
- 17.9.1.2 your improper use of our Platform;
- 17.9.1.3 your interaction with any Member, participation at any event, or other service including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your participation at an event;
- 17.9.1.4 your failure, or our failure at your direction, to accurately report, collect or remit Taxes; or
- 17.9.1.5 your breach of any laws, regulations or third-party rights such as intellectual property or privacy rights
17.10 Circumvention
- 17.10.1 Artists agree not to take bookings originating from The Platform outside of the platform or use the service to generate further bookings outside of the platform. This is against our terms and Clients & Artists who do may be banned from using the platform in the future.
17.11 Violations on our Platform
17.11.1 In the event it comes to your attention that an Artist is violating and platform rules, please immediately report the nature of the violation to: [email protected] or via the contact details in these terms.
17.12 Circumstances beyond the control of either party
- 17.12.1 In the event of any failure by a party because of something beyond reasonable control: the party will advise the other party as soon as reasonably practicable; and the party's obligations will be suspended as far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below)
18. Content
- 18.1 Our Website and Platform allows you to provide and upload text, photos, audio, video, information, and any other content applicable to your Artist Profile Page (“Content”).
- 18.2 By providing Content (in whatever form) and through the means available to upload such Content on your Artist Profile Page, you agree to grant us a non-exclusive, worldwide, royalty free license in order to allow us whenever necessary to access, use, store, copy, modify, prepare any derivative works of, distribute, publish, stream copy, modify, distribute, publish, transmit and use in any manner in our choosing in order to promote Jamma and our Platform, in any social media platform, whether it be known or unknown to date and in any Internet and or social media networks.
- 18.3 You are responsible for all Content that you provide and warrant that you either own the Content or that you have the applicable authorization to grant us a license to use the same. You remain solely liable if any of your Content infringes and/or violates the intellectual property rights of any third party. Please see our Content Policy for further information on compliance.
19. Jamma Platform Content
- 19.1 All Content that is made available through our Platform is and may be protected by copyright, trademark, and other intellectual property rights available within England and Wales.
- 19.2 You acknowledge and agree that all intellectual property rights belong exclusively to us and you agree that you will not remove and/or alter any intellectual property.
- 19.3 You are not allowed to use any intellectual property which includes copy, adapt, modify, distribute, license, sell, transfer, display publicly, broadcast any Content which can be accessed throughout the Platform (save when you are the legal and beneficial owner of the same and as set out in these terms and conditions.)
- 19.4 In the event you agree to these terms and conditions, Jamma will provide you with a non-exclusive, non-transferable, revocable license to download our application on any personal device that you have and to access the same for your own personal and non-commercial use.
20. Complaints
- 20.1 Any complaints made will be followed using our Complaints procedure.
- 20.2 If you have a complaint, the platform encourages the client and artist to resolve themselves. A dispute option will be made available, and communication will take place via the booking process.
- 20.3 A notification will be sent to Jamma to review the evidence presented by both parties.
- 20.4 The dispute will need to be raised within 24 hours after the event, in which a freeze of any money is held for a period whilst the dispute is resolved. Maximum 14 days.
- 20.5 If a dispute is raised without informing the 'platform' then the matter will need to be settled between the client and artist exclusively.
- 20.6 The ‘Platform’ is not responsible for the failures between the client and artist but will attempt to resolve disputes between both parties. If no resolution can be reached within 14 days, the default position will be for the artist to receive their full fee.
21. Modification of our terms
- 21.1 We may modify these terms and conditions from time to time. In the event they need to be modified, we will email you with our new terms and condition
22. Limitation on our liability
- 22.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- 22.1.1 losses that were not foreseeable to you and us when the contract was formed;
- 22.1.2 losses that were not caused by any breach on our part;
- 22.1.3 business losses; or
- 22.1.4 losses to non-consumers.
23. Privacy
- 23.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation about your personal information.
- 23.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
- 23.3 For the purposes of these Terms and Conditions:
- 23.4 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- 23.5 'GDPR' means the UK General Data Protection Regulation.
- 23.6 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- 23.7 We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
- 23.8 Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data while providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- 23.8.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
- 23.8.2 we will only Process Personal Data for the purposes identified.
- 23.8.3 we will respect your rights in relation to your Personal Data; and
- 23.8.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
23.9 For any enquiries or complaints regarding data privacy, you can email: [email protected]
24. Third party rights
- 24.1 No one other than a party to this contract has any right to enforce any term of this contract.
25. Disputes
- 25.1 The platform will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the platform we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
26. Governing law, jurisdiction and complaints
- 26.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- 26.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
26.3 We try to avoid any dispute, so we deal with complaints as follows: [email protected]
- 26.4 We aim to follow these codes of conduct, copies of which you can obtain as follows: available from
- 26.5 Our Complaint Handling Policy can be accessed here [insert link].
- 26.5.1 Any complaints with regards to a Collaboration Performance or Collaboration Enquiry to be dealt with between Artists in the initial instance. If a dispute cannot be resolved between both party’s communication will need to be raised via the ‘platform’ in writing, using the ‘Open Dispute’ option from within the booking confirmation on the artist or client’s profile.
- 26.5.2 A notification will be raised with the platform to review the evidence presented by both parties.
- 26.5.3 The dispute will need to be raised within 24 hours after the event or delivery completion date, in which a freeze of any money is held for a period whilst the dispute is resolved. Maximum 14 days.
- 26.5.4 The ‘platform’ is not responsible for the failures between the Artists but will attempt to resolve disputes between both parties. If no resolution can be reached within 14 days, the default position will be for the artist to receive their full fee.
- 26.5.5 If a dispute is raised without informing the ‘platform’ matters should be settled between the Artists exclusively
- 26.5.6 If a dispute is raised after 48 hours and when money has been released to the artist, any money owed will be raised with the artist and a direct refund will need to be issued to the Client directly. This process is not the responsibility of the platform.
Client – Artist
Performance Enquiry
Please read the following important terms and conditions before you book anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
- if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
- if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘we’, ‘us’ or ‘our’ means Jamma Group Ltd, a company registered in England and Wales; and
- ‘you’ or ‘your’ means the person using our site to buy services from us.
If you have any questions about this contract or any orders you have placed, please contact us by:
sending an email to [email protected]; or using the Contact Us page on our website
Definitions
- Artist: The individual/Bands offering their music and/or services to other Artists.
- Client: Means a non-artist who has registered and signed up to our Website and Platform in order to book an Artist for a Performance Event.
- Booking Process: means the provision in which the Client books the Artist through our live chat system and the Platform.
- Content: the uploading of texts, photos, audio, video, information, and any other content applicable to your account page (“Content”) or Performance Event Booking.
- Event Start Time: means the starting of the Performance Event.
- Performance Event: Means the event hosted by the Client at which the Artist will perform.
- Performance Job Cost: Means the fee payable for the Artist's performance as set out within the Booking Process, payable by the Client.
- Total Performance Job Cost: Means the total fee including any extra cost items for the Artist's performance, as set out within the Booking Process, payable by the Client.
- Platform: The entity that governs the use of our website, applications, and other offerings from us.
Do you need extra help?
If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
Who are we?
We are Jamma Group Ltd, a company registered in England and Wales under company number:08664982.
Our registered office is at: 49 Church St, St Theale, Reading RG7 5BX.
Our VAT number is: 361083810.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
Table of Contents
1. Introduction
12. No show policy
13. General Terms & Conditions
13.1 Reviews
13.3 Faolty services
13.4 End of the contract
13.5 Jamma’s Role
-
14.2 Phishing and Spam
14.3 Privacy & Identity
14.6 Fraud / Unlawful Use
14.7 Abuse and Spam
14.8 Indemnification
14.9 Circumvention
15. Content
17. Complaints
20. Privacy
22. Disputes
1. Introduction
- 1.1 This contract is only available in English. No other languages will apply to this contract.
- 1.2 These terms of service are a binding legal agreement between you and Jamma that govern the use of our website, applications and other offerings from us (collectively known as the “Platform“). We (“Jamma”) act as a connection between the client (“Client”) and artist (“Artist”). We, as a platform are not a party to the booking contract between you as a Client and you as an Artist. We are therefore not liable or do not accept responsibility for any non-fulfilment of contract or breach.
- 1.3 Jamma and the Platform offers an online booking service that enables our Members to:
- 1.3.1 Offers their services from Artist to Client; and
- 1.3.2 Services from Artist to Artist.
- 1.4 Artists on our Platform will offer their services, whether it be for booking for a live event or performance or for a collaboration, producer services on records, a backing singer, guitar player to other Artists or to Clients and a variety of other services (collectively referred to as “Artist services”).
- 1.5 You must register an account with us to access and use the features of our Platform and you must keep all of your account information accurate and up to date. As the provider of the Platform, we do not own or control or manage any of the services provided by the Artist Services. We are not a party to the contracts concluded directly between Artist and Client and between Artist and Artist. In addition, we are not acting as an agent for any Member, except as specified in our Payment Terms.
- 1.6 To learn more about our role see clause below.
- 1.7 When registering on our website you also agree to be legally bound by:
- 1.7.1 our Website Terms and Conditions and any documents referred to in them.
- 1.7.2 Our Privacy Policy and Cookie Policy.
- 1.7.3 extra terms which may add to, or replace some of, this contract. This may happen for legal, security and/or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice; and
- 1.7.4 All the above documents form part of this contract as though set out in full here.
2. Charging Framework – Client
- 2.1 You need to register on our Platform to book an Artist.
- 2.2 The Platform is FREE for you to create an account, browse and search for Artists.
- 2.3 To book an Artist, you will need to follow the booking process at clause 6.
- 2.4 A 10% booking fee will be charged to you once you have booked and agreed the Performance Job Cost (“Performance Job Cost”) with the Artist (“Booking Fee”).
- 2.5 You will be able to pay the Booking Fee using our Stripe integration platform (the details of which are set out at clause below).
- 2.6 Both the Booking Fee and the Performance Job Cost is taken as an upfront payment from you. Both fees will be held securely in our Stripe account until after the Performance Event is complete. Once the Performance Event is complete, the Booking Fee will be released to the Artist within 48 hours after the Performance, so long as no dispute has been raised.
- 2.7 You will have the option to cancel your booking through the live chat system and Enquiry/Booking process.
- 2.8 If you wish to cancel, please also see our Cancellation Policy at clause 9.
3. Personal Information and Registration
- 3.1 When registering to use the Website and Platform you must set up a username and password. You remain responsible for all actions taken under the chosen username and password. In addition, you will be permitted to upload a photo of yourself.
- 3.2 We retain and use all information strictly under the Privacy Policy.
- 3.3 We may contact you by using email or other electronic communication methods and you expressly agree to this.
4. Your privacy and personal information
4.1 Please click this link to read our Privacy Policy
- 4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
5. Searching and booking process for Client-Artist
- 5.1 Once you have registered yourself on our Platform, a User Account (“User Account”) will be created, which will allow you to search for Artists to book for your Performance Event.
- 5.2 You will be able to search for an Artist through our search engine on our Platform which will provide you with a list of Artists according to the specifications detailed in our search engine. If you like the look of a certain Artist you will be able to see their Profile Page (“Artist’s profile Page) whereby you will be able to see their skill set, what they are available for and how much they will charge.
- 5.3 Once you have found the Artist and would like to book Artist Services, you will be required to follow the enquiry process:
- 5.3.1 You contact the Artist directly with any further enquiries you may have in relation to the Booking. All communication is made through our live messaging system on the Platform.
- 5.3.2 Once you have agreed the Artists Services and payment terms, you will be directed to our payment page whereby you will be asked to confirm that you agree to the terms of our Cancellation Policy and Payment Policy.
- 5.3.3 No deposit will be taken from you.
- 5.3.4 Payment will be taken upfront in full and held securely until the completion of the Performance Event.
- 5.3.5 All money will be released within 48 hours after completion of the Performance Event. The exception to this is if a dispute is raised, in which case the money will be held in escrow until resolved. In the event there is a dispute, then we will hold money on account for a maximum period of 14 days.
- 5.3.6 The platform offers the ability for you to “Approve & Pay Now”. This function will allow you to release funds prior to any Performance Event taking place. This will be at your own risk and is non-refundable.
- 5.4 We may contact you to say that we do not accept your booking. This is typically for the following reasons:
- 5.4.1 The Artist has contacted us to state that they cannot carry out the Artist Services.
- 5.4.2 We cannot authorise your payment.
- 5.4.3 There has been a mistake on the pricing or description of the Artist Services.
- 5.5 We will only accept your Booking when it’s confirmed through the live chat system. We will email you to confirm this (Confirmation Email) that there has been a Booking. At this point:
- 5.5.1 A legally binding contract will be in place between you and the Artist.
- 5.5.2 If you are under the age of 18 you may not buy services from the site.
6. Performance Job Cost
- 6.1 A Performance Job Cost will be set and added by the Artist as part of the Booking Process. Jamma has no influence or control over the Performance Job Cost. The Artist will set the Performance Job Cost according to your request.
- 6.2 The Performance Job Cost is the fee payable by the Client to the Artist for the agreed terms of the Performance Event as discussed and agreed within the live chat system.
- 6.3 All negotiations and agreements must be carried out through the live chat feature on the Platform.
- 6.4 The Performance Job Cost is visible for you to see and accept within the live chat system and will be charged to you when the Booking is confirmed within the live chat system.
- 6.5 Additional extras may also be added to the price by the Artist as part of your discussions. For example, but not limited to; Travel, Subsistence, Extended hours, additional services.
- 6.6 You will be asked to securely pay the Performance Job Cost using Stripe payment provider.
- 6.7 All money will be released within 48 hours after completion of the Performance Event. The exception to this is if a dispute is raised, in which case the money will be held in escrow until resolved. In the event there is a dispute, then we will hold money on account for a maximum period of 14 days.
- 6.8 The Platform offers the ability for you to “Approve & Pay Now”. This function will allow you to release funds prior to any Performance Event taking place. This will be at your own risk and is non-refundable.
- 6.9 Please review our cancellation policy to understand when a refund may be issued for the Performance Job Cost.
- 6.10 A 10% Booking Fee is applied to the Performance Job Cost for each Booking and is non-refundable, unless it falls under the criteria set out within our Cancellation Policy.
- 6.11 The Total Performance Job Cost is the fee payable by the Client, inclusive of the 10% Booking Fee, Job Cost and any additional extra items E.g (but not limited to) Travel Expenses, that has been agreed between the Client and Artist within the Booking/Enquiry live chat system.
- 6.12 The Performance Job Cost is applicable for all Performance bookings.
7. Changes to Artist Booking
- 7.1 Any changes required to an Artist Booking should be made through the Platform’s live chat system. In addition, any changes must be mutually agreed between you and the Artist. In the event you need to change the Artist Booking, you will be given the opportunity to go back into the Booking and use the live chat function to request the change. The Artist will be given the ability to update and amend the booking if they agree to your requests. You will receive an update via email through the Platform if they agree to the change.
- 7.2 If an agreement cannot be reached in relation to your request, then, the original agreement will continue, unless specifically terminated by the Client or the Artist in writing via the Platform. Any cancellations will be notified to Jamma directly.
- 7.3 Any changes must be agreed prior to confirming the booking. Any additional changes that may affect the outcome of the Performance Event will be subject to cancellation and rebooking. This will be agreed between you and the Artist through the booking live chat system.
8. Cancellation of Artist
- 8.1 All cancellations are subject to our Cancellation Policy.
- 8.2 In the event you need to cancel a Performance already booked, you can do so through your Upcoming Bookings which is located within your account.
- 8.3 This needs to be mutually agreed in writing by both parties within the live chat system.
- 8.4 As we will be holding and taking full payment of funds, funds will not be released until the Performance undertaken by the instructed Artist is complete.
- 8.5 You are not entitled to cancel the Performance or booking with an Artist based on the quality of service delivered by the Artist if the service given (and the performance) was as described in the Artists Profile Page and as agreed as part of the booking.
- 8.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. You will be subject to our cancellation fees as detailed in clause 10.2
- 8.7 You can cancel through the platform using the “Cancel Now” option within the Booking/Enquiry up until midnight on the day of the Performance Event (subject to cancellation fees). E.g if your Performance Event is 8pm Saturday 14th August, you will have the option to cancel using the “Cancel Now” option up until Saturday 14th 00:00am.
- 8.8 If there is a last-minute cancellation requirement, this can be raised via the “Raise Dispute” option within the confirmed booking, through the live chat system. The “Raise Dispute” option will be made available at midnight on the day of the Performance Event.
9. Cancellation policy for a Performance Event
9.1 As an artist what happens if I cancel?
- 9.1.1 Jamma will not take any responsibility if an Artist cancels the Booking. Any disputes you may have in relation to the cancellation by the Artist should be directly taken up with the Artist.
- 9.1.2 In the event, you need to cancel, you must speak to the Client immediately through the live chat system and inform them of your need to cancel.
- 9.1.3 In addition to clause 9.1.2, you will also be required to inform Jamma of your wish to cancel and provide a reason for your cancellation. The cancellation function will be available via your profile under bookings or enquiries.
- 9.1.4 Artists will look to source an alternative suitable act. If a suitable act is not available, a full refund of the booking will be made to the Client.
- 9.1.5 If no acceptable evidence can be provided by the Artist as to the reason for cancellation, this may lead to us deciding to permanently ban you from the Platform. The following constitutes a reasonable cancellation:
- 9.1.5.1 Transport Issues.
- 9.1.5.2 Weather Impact.
- 9.1.5.3 Injury/Sickness/Death - appropriate Doctors note for illness; and
- 9.1.5.4 COVID-19 - A positive PCR test
- 9.1.5.5 Force Majeure.
- 9.1.5.5.1 In occasions where a performance cannot take place due to a “Force Majeure Event” this agreement will be null and void. A Force Majeure Event, under Jamma’s terms, occurs outside the reasonable control of a party that prevents that party from being able to comply with its obligations, such as (without limitation) war, fire, death, illness, or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy and act of God. Jamma will be unable to enforce the transfer of funds between parties.
- 9.1.6 If time does not permit (e.g., on the day of the event) and you are not prepared to accept a Deputy Musician, you must reject the Deputy Musician through the Booking Enquiry and live chat system function. If you do not properly reject the Deputy Musician, then the Total Performance Job Cost will be due the Artist.
- 9.1.7 If an Artist contacts you outside the Platform, we will not be held responsible and we do not accept any liability in relation to any issues discussed and agreed outside the Platform. All communications must be carried out through our live chat function. We reserve the right to ban you from the Platform if it comes to our attention that you are discussing outsourcing a Booking not within the Platform.
- 9.1.8 Any changes to the original agreement will be updated and reflected to all parties.
9.2 As an artist what happens if a client cancels?
- 9.2.1 If a Client cancels on 12 months ‘or more notice of the Event Start Time, no cancellation fee will be due. The Client will receive a full refund.
- 9.2.2 If a Client cancels within 72 hours of making a Booking, the Client will receive a full refund.
- 9.2.3 Short Term Cancellation: If a Client cancels within 72 hours of the Event Start Time, you as an Artist will receive 70% of the Performance Job Cost for preparation work already undertaken.
- 9.2.4 If a Client cancels 60 days or more up to 12 months from the Event Start Time, you as an Artist, will receive 10% of the Performance Job Cost for preparation work already undertaken.
- 9.2.5 If a Client cancels between 31 and 60 days before the Event Start Time, you as an Artist will receive 20% of the Performance Job Cost for preparation work already undertaken.
- 9.2.6 If the Client cancels within 30 days of the Event Start Time, you as an Artist will receive 30% of the Performance Job Cost for preparation work already undertaken.
- 9.2.7 If the Client cancels within 14 days of the Event Start Time, you as an Artist will receive 50% of the Performance Job Cost for preparation work already undertaken.
- 9.2.8 In relation to clause 10.2, Jamma will incur a 10% Booking Fee regardless of cancellation and will retain that fee. No refund will be given to the Client.
- 9.2.9 Artists' travel expenses are non-refundable unless you fall under the criteria in which a full refund is issued. Please see above.
Artist - Artist - Collaboration Performance Cancellation - Fees due to the Artist | ||||||
Fees Due (Performance Job Cost) | Notice Period (of event start time) | |||||
Contract Duration (How long before the event start time) | 12 months + | 60 Days + | 30 Days + | > 30 days | > 14 days | > 72 hours |
12 months + | 0% | 0% | 0% | 0% | 0% | 0% |
60 Days + | NA | 10% | 20% | 30% | 50% | 0% |
30 Days + | NA | NA | 20% | 30% | 50% | 0% |
< 30 Days | NA | NA | NA | 30% | 50% | 0% |
< 14 Days | NA | NA | NA | NA | 50% | 0% |
< 72 hours | NA | NA | NA | NA | NA | 70% |
9.3 As a Client what happens if I cancel?
- 9.3.1 If you cancel on 12 months’ notice or more of the Event Start Time, no cancellation fee will be due, and you will receive a full refund.
- 9.3.2 If you cancel within 72 hours of making your Booking, you will receive a full refund.
- 9.3.3 Short Term Cancellation: If you cancel within 72 hours of the Event Start Time, you will only receive a 20% refund of the Performance Job Cost.
- 9.3.4 If you cancel 60 days or more up to 12 months from the Event Start Time, you will receive an 80% refund of the Performance Job Cost.
- 9.3.5 If you cancel between 31 and 60 days before the Event Start Time, you will receive a 70% refund of the Performance Job Cost.
- 9.3.6 If you cancel within 30 days of the Event Start Time, you will receive a 60% refund of the Performance Job Cost.
- 9.3.7 If you cancel within 14 days of the Event Start Time, you will receive a 40% refund of the Performance Job Cost.
- 9.3.8 In relation to clause 10.3, Jamma will incur a 10% Booking Fee regardless of cancellation and will retain that fee. No refund will be given to the Client.
- 9.3.9 Artists' travel expenses are non-refundable unless you fall under the criteria in which a full refund is issued. Please see above.
Client - Artist - Performance Cancellation - Fees due to the Client booking | ||||||
Fees Due (Performance Job Cost) | Notice Period (of event start time) | |||||
Contract Duration (How long before the event start time) | 12 months + | 60 Days + | 30 Days + | > 30 days | > 14 days | > 72 hours |
12 months + | 100% | 100% | 100% | 100% | 100% | 100% |
60 Days + | NA | 80% | 70% | 60% | 40% | 100% |
30 Days + | NA | NA | 70% | 60% | 40% | 100% |
< 30 Days | NA | NA | NA | 60% | 40% | 100% |
< 14 Days | NA | NA | NA | NA | 40% | 100% |
< 72 hours | NA | NA | NA | NA | NA | 20% |
10. Use of Deputy Musicians (DEP)
- 10.1 Artists are required to use their own line up on our Platform as advertised. However, in the event a fellow Artist is not able to perform their services at the collaboration performance, they are also allowed to retain the right to substitute a performer due to unforeseen circumstances.
- 10.2 Any changes to the agreed line-up must be communicated in writing via their profile page between both Client and Artist.
- 10.3 Any alternate arrangement will be subject to the same contractual agreement.
- 10.4 It will be the responsibility of the Artist booked to source a deputy musician. This can be done via the Platform.
11. Client Responsibilities
- 11.1 You must provide a safe and secure performance area. In addition, to ensure that your venue has obtained an appropriate license to ensure that the Artist can perform at the Performance Event.
- 11.2 If there is any sound limit to a Performance Event, you must inform the Artist at least seventy-two (72) hours beforehand.
- 11.3 You will be responsible if there is a non-performance or a below par performance if there are any issues with venue restrictions and such restrictions are not made clear to the Artist prior to the Artist Booking. In the event this occurs, you will still be liable for the entire agreed fee.
- 11.4 You will be responsible and required to inform the Artist prior to the Performance Event of any parking restrictions and ensure that the Artist has access to free parking facilities for all vehicles associated and/or needed for the Performance Event. You will be liable for any additional parking fees incurred by the Artist.
- 11.5 You must provide the Artist with free adequate refreshments (mineral water and soft drinks) and a hot meal or buffet in the event the Performance Event lasts longer for three hours or more.
- 11.6 In the event the agreed conditions are not provided to the Artist (which have been confirmed as part of the Booking between you and the Artist), the Artist is entitled to their full Booking Fee provided evidence can be shown of the unacceptable conditions that the Artist has incurred.
- 11.7 All relevant performance conditions must be outlined to the Artist prior to the Booking. You are responsible for ensuring the safety of the Artist. You are also responsible for ensuring the safety of the Artist to perform, including that they are kept safe from any harassment, insults, or danger. We are not responsible for the safety of any Artist.
- 11.8 Unless otherwise provided, the Artist equipment and instruments are not available for use by any other individual.
- 11.9 All relevant performance conditions must be outlined to the Artist prior to the Booking Confirmation. E.g size of performance space, indoors/outdoors, if outdoors what is the backup plan in case of bad weather? Sound limitations, timings of sound checks.
12. No show policy
- 12.1 A “No Show” occurs when an Artist does not inform the Client that they do not intend to carry out the Performance Event or advise the Client that they would like to cancel the Performance Event less than 72 hours before the Performance Event start time.
- 12.2 In the event a “No Show” event occurs, a full refund of the Total Performance Job Cost will be issued to you.
- 12.3 We will not be liable for any loss suffered as a result of a No-Show event occurring.
- 12.4 We retain the right to remove the Artist from our Platform and seek damages from the Artist of up to 100% of the Total Performance Job Cost.
13. General Terms & Conditions
13.1 Reviews
- 13.1.1 Clients will be given the opportunity to review Artists. When submitting your review, it must be accurate and will not contain any defamatory or offensive statement that violates our Review Policy, Content Policy and Privacy Policy. We do not take any responsibility for any negative reviews given. Reviews will be moderated by the platform.
13.2 Payment and Booking fees
13.2.1 Any payments made and/or taken through our Platform are transferred using our payment provider, Stripe. Stripe is PCI certified and is a PCI Service Provider 1 level. By making payments through our Platform, you agree to Stripe’s terms and conditions.
- 13.2.2 We will do all that we reasonably can to ensure that all the information you give us when paying for the services is secure by using Stripe. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
- 13.2.3 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 9 and 18.
- 13.2.4 Where applicable all prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
- 13.2.5 A 10% Booking Fee will be applied to each paid booking.
13.3 Faulty services
- 13.3.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
13.3.2 visit our webpage: https://jammamusic.com
- 13.3.3 Contact us using the contact details at the top of this page; or
13.3.3.1 Visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
- 13.3.3.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
- 13.3.4 If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.
13.4 End of the contract
- 13.4.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
13.5 Jamma’s Role
- 13.5.1 We are a platform provider that enables Clients to search for and book Artist Services. When a Client accepts a booking, they are entering into a contract directly with the Artist and not the platform.
- 13.5.2 We are not and do not become a party to or other participant in any relationship between the Client and Artists. In addition, we do not act as an agent for any Artist except where we act as a collection agent provided in our Payment Terms.
- 13.5.3 We do not and it is not in our control the conduct and/or performance of an Artist and we do not in any way guarantee the performance/reliability of an Artist or the truth in their descriptions on their own page.
- 13.5.4 You agree and acknowledge that we are not under any obligation to review, disable access to, remove and/or edit content. However, you also acknowledge that we do have the right to review and disable access to, remove or edit content in order to operate a secure Platform (including but not limited to fraud, risk assessment investigation and any customer supports services; ensure that our Artists comply with our Terms and Conditions and comply with any and all applicable laws and or court order)
14. Jamma Platform Rules
You must follow the following Platform rules:
14.1 Inappropriate Behaviour & Language
- 14.1.1 Communication on Jamma should be friendly, constructive, and professional. Jamma condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to review others, and to engage on larger platforms such as our Social Media pages.
14.2 Phishing and Spam
- 14.2.1 Security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another account or computer environment is strictly prohibited. Please respect each other’s privacy by not contacting them with offers, questions, suggestions, or anything which is not directly related to their bookings.
14.3 Privacy & Identity
- 14.3.1 You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the booking enquiry. Artists further confirm that whatever information they receive from the Client, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the client. Any users who engage and communicate off the platform will not be protected by our Terms of Service.
14.4 Authentic Jamma Profile
- 14.4.1 You may not create a false identity on Jamma, misrepresent your identity, create a Jamma profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc must be accurate and complete and may not be misleading, illegal, offensive, or otherwise harmful.
14.5 Intellectual Property Claims
- 14.5.1 The platform will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
14.6 Fraud / Unlawful Use
- 14.6.1 You may not use The Platform for any unlawful purposes or to conduct illegal activities.
14.7 Abuse and Spam
- 14.7.1 Multiple Accounts
- 14.7.1.1 To prevent fraud and abuse, users can have multiple active Jamma accounts. However, any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Jamma community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violation of Jamma’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
- 14.7.2 Targeted Abuse
- 14.7.2.1 We do not tolerate users who engage in targeted abuse or harassment towards other users on Jamma. This includes creating new multiple accounts to harass members through our message or booking system.
14.7.2.2 If you feel that you need to raise any concern with us, please us the “Get in touch” section on our website, or email us at [email protected]
14.8 Indemnification
- 14.8.1 To the maximum extent permitted by law, you agree to release, defend (in our opinion) indemnify, and hold us) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- 14.8.1.1 your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our policies.
- 14.8.1.2 your improper use of our Platform;
- 14.8.1.3 your interaction with any Member, participation at any event, or other service including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your participation at an event.
- 14.8.1.4 your failure, or our failure at your direction, to accurately report, collect or remit Taxes; or
- 14.8.1.5 your breach of any laws, regulations or third-party rights such as intellectual property or privacy rights.
14.9 Circumvention
- 14.9.1 Clients and Artists agree not to take bookings originating from The Platform outside of the platform or use the service to generate further bookings outside of the platform. This is against our terms and Clients and Artists who do may be banned from using the platform in the future.
14.10 Violations on our Platform
In the event it comes to your attention that Client or Artist is violating and platform rules, please immediately report the nature of the violation to: [email protected] or via the contact details in these terms.
14.11 Circumstances beyond the control of either party
- 14.11.1 In the event of any failure by a party because of something beyond reasonable control:
- 14.11.2 The party will advise the other party as soon as reasonably practicable; and
- 14.11.3 The party's obligations will be suspended as far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Clients above rights relating to delivery (and the right to cancel below).
15. Content
- 15.1 Our Website and Platform allows you to provide and upload text, photos, audio, video, information, and any other content applicable to your (“Content”).
- 15.2 By providing Content (in whatever form) and through the means available to upload such Content, you agree to grant us a non-exclusive, worldwide, royalty free license in order to allow us whenever necessary to access, use, store, copy, modify, prepare any derivative works of, distribute, publish, stream copy, modify, distribute, publish, transmit and use in any manner in our choosing in order to promote Jamma and our Platform, in any social media platform, whether it be known or unknown to date and in any Internet and or social media networks.
- 15.3 You are responsible for all Content that you provide and warrant that you either own the Content or that you have the applicable authorization to grant us a license to use the same. You remain solely liable if any of your Content infringes and/or violates the intellectual property rights of any third party. Please see our Content Policy for further information on compliance.
16. Jamma Platform Content
- 16.1 All Content that is made available through our Platform is and may be protected by copyright, trademark, and other intellectual property rights available within England and Wales.
- 16.2 You acknowledge and agree that all intellectual property rights belong exclusively to us and you agree that you will not remove and/or alter any intellectual property.
- 16.3 You are not allowed to use any intellectual property which includes copy, adapt, modify, distribute, license, sell, transfer, display publicly, broadcast any Content which can be accessed throughout the Platform (save when you are the legal and beneficial owner of the same and as set out in these terms and conditions.
17. Complaints
- 17.1 Any complaints made will be followed using our Complaints procedure.
- 17.2 If you have a complaint, the platform encourages the Client and Artist to resolve themselves. A “Raise Dispute” option will be made available, and a notification will be raised within the Booking/Enquiry.
- 17.3 A notification will be sent to Jamma to review the evidence presented by both parties. This is only if a resolution cannot be reached between the Client and Artist.
- 17.4 The dispute will need to be raised within 48 hours after the Performance Event, in which a freeze of any money is held for a period whilst the dispute is resolved. Maximum 14 days.
- 17.5 If a dispute is raised without informing the platform, then the matter will need to be settled between the Client and Artist exclusively.
- 17.6 The ‘Platform’ is not responsible for the failures between the Client and Artist but will attempt to resolve disputes between both parties. If no resolution can be reached within 14 days, the default position will be for the Artist to receive the agreed Total Performance Job Cost.
18. Modification of our terms
- 18.1 We may modify these terms and conditions from time to time. In the event they need to be modified, we will email you with our new terms and condition
19. Limitation on our liability
- 19.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- 19.1.1 losses that were not foreseeable to you and us when the contract was formed;
- 19.1.2 losses that were not caused by any breach on our part;
- 19.1.3 business losses; or
- 19.1.4 losses to non-consumers.
20. Privacy
20.1 Please see our Privacy Policy
- 20.2 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation about your personal information.
- 20.3 These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookie Policy.
- 20.4 For the purposes of these Terms and Conditions:
- 20.5 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- 20.6 'GDPR' means the UK General Data Protection Regulation.
- 20.7 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- 20.8 We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
- 20.9 Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data while providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- 20.9.1 Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
- 20.9.2 We will only Process Personal Data for the purposes identified.
- 20.9.3 We will respect your rights in relation to your Personal Data; and
- 20.9.4 We will implement technical and organisational measures to ensure your Personal Data is secure.
20.10 For any enquiries or complaints regarding data privacy, you can email: [email protected]
21. Third party rights
- 21.1 No one other than a party to this contract has any right to enforce any term of this contract.
22. Disputes
- 22.1 Jamma will try to resolve any disputes regarding the use of the Platform with you quickly and efficiently. If you are unhappy with the Platform we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
23. Governing law, jurisdiction and complaints
- 23.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- 23.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
23.3 We try to avoid any dispute, so we deal with complaints as follows: [email protected]
- 23.4 We aim to follow these codes of conduct, copies of which you can obtain as follows: available from
- 23.5 Our Complaint Handling Policy can be accessed here:
- 23.5.1 Any complaints with regards to a Performance Event to be dealt with between Client and Artist in the initial instance. If a dispute cannot be resolved between both party’s communication will need to be raised via the ‘platform’ in writing, using the ‘Raise Dispute’ option from within the Booking/Enquiry.
- 23.5.2 A notification will be raised with the platform to review the evidence presented by both parties.
- 23.5.3 The dispute will need to be raised within 48 hours after the Performance Event, in which a freeze of any money is held for a period whilst the dispute is resolved. Maximum 14 days.
- 23.5.4 The ‘platform’ is not responsible for the failures between the Client and Artist but will attempt to resolve disputes between both parties. If no resolution can be reached within 14 days, the default position will be for the Artist to receive the agreed Total Performance Job Cost.
- 23.5.5 If a dispute is raised without informing the ‘platform’ matters should be settled between the client and artist exclusively
- 23.5.6 If a dispute is raised after 48 hours and when money has been released to the artist, any money owed will be raised with the Artist and a refund will need to be issued to the Client directly between both parties. This process is not the responsibility of the platform.
- 23.5.7 If there are further issues regarding payment between both parties, they will need to seek legal advice. The platform is not responsible for this.