Terms & Conditions

(1) Definitions


In these terms and conditions, ‘we’ and ‘us’ mean: Out of the Ark Limited, Units F1 & F2, Kingsway Business Park, Oldfield Road, Hampton, Middx, TW12 2HD, UK, a company registered in England.



Out of the Ark Limited trades as Out of the Ark Music; Out of the Ark; outoftheark.com; Song Calendar; songcalendar.co.uk; S!ngchronize™ and Singchronize®.  'You’ means the person or organisation that purchases or receives goods, downloads, licences or services from us.

 

(2) General Terms & Conditions of Purchase

  • These terms and conditions apply to all agreements for the sale and or for the supply of goods, downloads, licences or services to you to the exclusion of any other terms and conditions specified by you in your purchase order or any other document. The goods, downloads, licences or services you purchase or otherwise obtain from us from us may also be subject to additional terms and conditions issued by us or displayed on our website. The specific terms and conditions relating to our licences are provided with the licence and on our website.
  • All prices quoted in sales or marketing materials including our website are subject to change and prices quoted in any conversations with our staff are subject to confirmation in writing. Prices are generally quoted inclusive of VAT if applicable, with the breakdown of the VAT element being shown on the invoice.
  • Payment is required when placing the order, except for orders placed by UK Primary Schools and LEA Nursery Schools, where for certain purchases we can issue an invoice payable in full within 14 days of the date of the invoice.
  • We reserve the right to charge interest on any invoices which remain unpaid beyond the due date at the rate of 3% per annum over Barclays Bank PLC base rate from time to time, from the due date until the date of payment in full.
  • Goods will normally be delivered by mail or courier to the address given with the order. Delivery dates, if given, are given in good faith as an indication of the estimated delivery time and are not a contractual obligation to deliver goods or to perform services at the time stated. Delivery times cannot be guaranteed.
  • The ownership of any goods, or the rights imparted by any licence, shall not pass to you until we have received full payment (including VAT where applicable) except where the goods are explicitly supplied free of charge. Risk in any goods passes to you on delivery.
  • You are responsible for the payment of any carriage charges as included on the invoice. For international orders, we are not responsible for any delays, confiscation or import duties imposed by local customs authorities. You must pay for those charges directly to the appropriate authority. If orders are not received, we may have to send your replacement order by secure courier, in which case you will be required to pay the carriage costs.
  • Due to copyright laws we are unable to offer inspection copies.
  • Our failure at any time or for any period to enforce any one or more of these terms and conditions shall not be a waiver of them or a waiver of our right to enforce such terms and conditions in the future.
  • Each of the above terms and conditions shall be read and construed independently of each other so that if one or more is held to be invalid for any reason whatsoever, then the remaining terms and conditions shall continue to be valid.
  • No amendment to or verification of these terms and conditions shall be effective unless confirmed by one of our authorised representatives in writing.
  • These terms and conditions are governed by English Law and we and you submit to the exclusive jurisdiction of the English courts.

 

(3) Returns Policy

We want you to be delighted every time you purchase from us. Occasionally though, we know you may need to return items. If you want to return items to us for any reason, please contact our Customer Service department in the first instance, who will be able to talk you through our returns policy. For single song downloads and Instant Access PDF & MP3 Add-on Packs, please see Section 7.1 & 7.2 below.

  • Please ensure that you check your goods are correct and in full working order on receipt – do not wait until you are ready to use them.
  • Under the United Kingdom's Consumer Contracts Regulations, you have the right to cancel the contract for the purchase of items within a period of 14 working days, beginning with the day after the day on which the item is delivered. However, we regret that for copyright reasons we cannot accept cancellations of contracts for the purchase of video, DVD, audio, CD ROM and software products where the item is unsealed.
  • If we agree to a return, we will refund the value of the product returned, but will not normally refund the original postage charge, unless the items were faulty, incorrect, or fall within Consumer Contracts Regulations.
  • Unless we delivered the item to you in error or the item is faulty, you will need to pay the delivery charge for returning the goods to us. Please ensure that they are well packaged in order that they return to us in the condition in which they were received, as we reserve the right to offer only a partial refund on items that are returned damaged or soiled. We recommend that you use a recorded delivery service or obtain a certificate of posting, as we can only give refunds for goods we actually receive. If we do not receive the item back from you, we may arrange for collection of the item from you at your cost.
  • If you receive a product that is damaged or not working, please notify us immediately by email or phone. We will send you a replacement product free of charge, along with a pre-paid returns label to return the damaged product to us so that we can investigate the reasons for the damage or inoperability.
  • If you receive an incorrect product from us as a result of our error, please notify us immediately by email or phone. We will send you the correct product free of further charge.
  • When making a return, please confirm the reason for returning the product in writing, in a letter accompanying the returned item, ensuring that your customer contact details are also enclosed.

 

(4) Payment Options

Payments made at the time of ordering can be made by debit or credit card securely on our website or by telephoning our Customer Service department. Where an invoice or pro-forma invoice has been issued, or you are sending payment with order, we accept payments by:


BACS - Send payment to: Account Number 00044040, Sort Code 20-90-56, using your Customer Code as the reference. For international payments or Single Euro Payments Area transfers: IBAN - GB89 BARC 2090 5600 0440 40; SWIFTBIC - BARCGB22.


Cheques denominated in Pounds Sterling ONLY (or cheques denominated in Euro if accompanied by an order denominated in Euro or in settlement of an invoice denominated in Euro) made payable to 'Out of the Ark Music’ and sent to: Out of the Ark Music, Units F1 & F2 Kingsway Business Park, Oldfield Road, Hampton, Middlesex, TW12 2HD, UK. Please quote your Customer Code on the back of the cheque.


If you are based in the European Union (EU) VAT area, and have an EU VAT number for VAT exemption, please submit it to us for approval using the EU VAT Status page in ‘My Account’. Having submitted an EU VAT number, please wait until you receive an e-mail from us confirming that it has been approved, before placing your order. VAT will be charged on purchases that you make prior to this approval, and cannot be refunded by Out of the Ark.



(5) Photocopying, Projecting & Reproduction

  • You are free to use all of the material - including songs and scripts - in the classroom for teaching purposes. If you photocopy any part of our books for teaching purposes please record this usage on your school's photocopy log to ensure you are legally protected.
  • Photocopying or projecting the lyrics for assemblies or public worship requires a CWCL or MRL licence from CCLI (www.ccli.co.uk). Photocopying the music scores requires an MRL licence from CCLI. You must log the songs that you use on your CWCL and MRL copy reports. If you do not hold one of these licences you should contact us directly for permission.
  • Photocopying any part of our books for any other purposes should be logged in the usual way under your organisation's photocopy licence.

 

(6) Performances and Adaptations

  • If you are using our music for classroom teaching or for school assemblies where members of the public are not present you do not need to obtain a performance licence from us. Please note that schools should log the use of our songs for assemblies as required by their CCLI licences.
  • A performance licence is required by law for the performance of any work involving drama, movement or spoken dialogue (eg a musical or a nativity). For convenience we issue affordable performance licences. An easy-to-complete licence form is provided with each of our musicals. Alternatively we can issue an Instant Licence if it is purchased at the same time as a musical or nativity. Please note that a PRS licence does not cover the performance of musicals or nativities.
  • Performances of songs (other than musicals) to an audience other than pupils and staff (eg concerts or class assemblies) are covered by the school's PRS licence. If you do not have a PRS licence we can issue you with our own affordable licence.
  • Scripts of our musicals and nativities can easily be adapted to suit your particular requirements - you do not need to obtain permission from Out of the Ark Music to make minor changes to the scripts. However song lyrics must not be changed without our written permission.

Further information regarding Reproduction, Performance and Licensing can be obtained from the Copyright & Licences section of our website.


(7) Additional Terms & Conditions For The Purchase & Supply Of Software


Disclaimer
Any software including downloadable songs, song players and any other software are delivered to you 'as is'.
 

We do not guarantee that our software, or our online or download services will always be secure or free from bugs, viruses, errors and omissions.


We do not warrant the performance of the software or the results you may obtain by using it including satisfactory installation, satisfactory integration, satisfactory quality, or fitness for any particular purpose.


In no event will we or our suppliers be liable to you for any damages, claims or costs whatsoever, including any consequential, indirect, incidental damages, or any loss of profits or savings.


In choosing to use or download this software, or to use the online or download services, you accept that you are doing so at your own risk.


If you are using computer equipment or a network that does not belong to you then you must ensure that you have the appropriate permission from the equipment and network owner(s) or operator(s) to access the online services and to download and run the software and that the owners/operators are made aware of this disclaimer


This disclaimer shall survive the termination of this agreement but shall not imply or create any continued right to use the software after termination of this agreement.


Binding agreement
By purchasing, downloading, using or installing all or any portion of the Song Calendar or Singchronize® Software, you accept all the terms and conditions of this agreement.


Upon acceptance, this agreement is enforceable against you and any person or organisation that obtained the Software and on whose behalf it is used. If you do not agree you must not purchase, download, install or use the Software.


We permit you to use the software only in accordance with the terms of this agreement. We reserve the right to amend or to add to the terms of this agreement from time to time. You should refer to the terms of the agreement periodically to ensure that you comply with the revised terms. Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement.


Definitions
“Compatible device” means a device that conforms to the system requirements of the software as specified in the documentation.


“Software” means all of the contents of the files delivered electronically or on physical media.


“Use” means to access, install, download, play, or otherwise benefit from using the software.


Software Licence
By purchasing or otherwise obtaining our software including songs, and subject to your compliance with the terms of this agreement, we grant to you a non-exclusive licence to use the software, in all cases solely for the installation and use of the unmodified software on an authorised operating system, in the manner and for the purposes described in the documentation as follows:


This licence does not grant you the right to copy or distribute the software.


Obligations and Restrictions
With the exception of your use of the software on a compatible device that runs an authorised operating system, you must not use the software on other devices.


You must not use the software with any application or device that circumvents technological measures for the protection of the content.


You must not alter or remove any copyright or other proprietary notice that appears on or in the software.


You must not modify, adapt, translate or create derivative works based upon the software. You must not reverse engineer, disassemble, or otherwise attempt to discover the source code of the software.


Transfer
You may not rent, lease, sublicense, assign, or transfer your rights in the software, or authorise all or any portion of the software to be copied onto another user’s device except as may be expressly permitted by this agreement.


Intellectual Property Ownership, Reservation of Rights
The software (including its structure and code) and any installed copies that you make are the intellectual property of Out of the Ark Limited and its suppliers.


The software is protected by law, including without limitation the copyright laws of England, of other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the software and all rights not expressly granted are reserved by Out of the Ark Limited and its suppliers.


Connectivity and Privacy
You acknowledge and agree to the following:


Updating. If your device is connected to the internet, the software may, without additional notice, check for updates that are available for automatic download and installation to your device.


Updates to the software may be licensed to you by Out Of The Ark with additional or different terms.
 

Settings. The software may save certain user settings by storing them on your device as a local object.


Content Protection. The software accesses content that has been protected. In order to let you play the protected content the software may automatically request media usage rights and customisation instructions from the internet, and may download and install required components of the software.


Indemnity. You agree to hold us harmless from any and all liabilities, losses, actions, damages, or claims including all reasonable expenses arising out of any use of the software or the provision of related services.


(7.1) Song Calendar & Singchronize® Songs

  • By downloading a free Singchronize® player you are acquiring a licence to install and to use the player software. In so doing you agree that you are not the owner of the player which remains the property of Out of the Ark Limited. Copying, attempting to copy, selling or attempting to sell the player or its component parts or code are strictly forbidden.
  • By purchasing Song Calendar songs you are purchasing a licence to use the song software files. In so doing you agree that you are not the owner of the song software files which remain the property of Out of the Ark Limited. The licence agreement grants you certain rights listed below. The songs may not be used in any ways not stipulated in the licence. Copying, attempting to copy, selling or attempting to sell the songs whether in part or in whole and via whatever medium are strictly forbidden. The same restrictions apply to songs that have been supplied to you free of charge.
  • Song Calendar song downloads purchased from our website cannot be cancelled or refunded once the purchase has been made, so please be careful to choose the correct product. The songs are added to your Singchronize® song library and to your account immediately at the point you purchase them. You will not have the right to cancel your contract thereafter. By purchasing Song Calendar & Singchronize® songs, you are agreeing that your cancellation period has ended. If you have received an unacceptably poor download, you must tell us as soon as possible by emailing digital@outoftheark.com.

System Requirements for Song Calendar & Singchronize® Songs


You are responsible for ensuring that your system meets the following minimum technical standards before downloading, installing or running Song Calendar & Singchronize® Songs. Systems with specifications below the minimum standards are likely either to achieve unsatisfactory results or else to fail to operate.
 

Windows

  • 2.33GHz or faster x86-compatible processor, or Intel® Atom™ 1.6GHz or faster processor for netbooks
  • Microsoft® Windows® XP (32 bit), Windows Server 2008 (32 bit) or later, Windows Vista® (32 bit), Windows 7 (32 bit and 64 bit), or Windows 8 (Classic and Modern)
  • Internet Explorer 7.0 or later, Mozilla Firefox 4.0 or later, Google Chrome, Safari 5.0 or later, or Opera 11
  • 512MB of RAM (1GB of RAM recommended for netbooks); 128MB of graphics memory

Mac OS

  • Intel Core™ Duo 1.83GHz or faster processor
  • Mac OS X v10.6, v10.7, or v10.8
  • Safari 5.0 or later, Mozilla Firefox 4.0 or later, Google Chrome, or Opera 11
  • 512MB of RAM; 128MB of graphics memory

 

We recommend that your system uses the most up-to-date version of Flash Player and Adobe Reader.  The Singchronize® Player requires 24MB of storage space on your computer, plus additional space for your library of songs.
 

The Licence Holder's Rights

In granting the following rights, no other rights are deemed to have been granted.


Where the licence holder is a school, church or nursery:


The licence grants the holder the following rights:

  • To install and run the player and to play the purchased song(s) in streaming mode or in downloaded mode on any number of computers or mobile devices on the premises of the purchasing establishment that holds the licence.
  • To install and run the player and to play the song in streaming mode or in downloaded mode on a computer or mobile device belonging to one nominated member of staff not on the premises of the purchasing establishment for the purposes of preparation of lessons or assemblies.
  • To print one master copy of the lyrics, the music score and the teaching ideas.  Additional copies may be photocopied from the master copy but these must be logged on the school's photocopying licence return.


Where the licence holder is an individual:


The licence grants the holder the following rights:

  • To install and run the player and to play the purchased song(s) in streaming mode or in downloaded mode on a computer or mobile device at any location where the individual is working.
  • To install and run the player and to play the song in streaming mode or in downloaded mode on a computer or mobile device belonging to the individual.
  • To print one master copy of the lyrics, the music score and the teaching ideas.

The Licence Holder's Obligations

The licence will remain in force subject to the following obligations being undertaken by the licence holder and/or the user of the software on behalf of the licence holder, subject to no infringement or violation having been committed:

  • If you hold a CCLI Licence (Christian Copyright Licensing International), the use of all songs must be logged on your annual CCLI report.
  • Where the songs are performed in front of an invited audience the appropriate performance royalty payments must be made.

Most schools have an arrangement with the PRS (Performing Rights Society) through their local authority. Organisations that do not have such an arrangement should contact Out of the Ark Music directly.


Restrictions

It is the licence holder’s responsibility to ensure that no restrictions are violated whether by its employees, its associates or any other individual.

The following acts are strictly forbidden:

  • Making any copy any of the programs or applications, to any media whether for private use or public use - with the sole exception of the installation rights detailed above.
  • Broadcasting any of the contents of the programs or applications by any means.
  • Forwarding any of the programs or applications by any means.
  • Lending the programs or applications to any other party than the staff members of the licence holder.
  • Selling or transferring the programs or applications to any other party.
  • Selling, transferring or disposing of any computer or storage device on which the programs or applications in part or in whole are installed or are stored or on which access privileges to the programs or applications exist.
  • Modifying any program, or application, whether for individual use, public use, or financial gain.
  • Using any of the computer code or programming to create new programs or applications.

Licence Issuer's Rights

We reserve the right to revoke the licence without recompense, without prior notice and at its own discretion if the licence holder is deemed to have failed to observe any of the obligations or restrictions listed above, or any other copyright restrictions.

  • All other licence requirements relating to the use, reproduction or performance of our products remain the same. You are still required to log the use of our songs on your annual CCLI report, declare copies made of our digital songbooks on your MRL report, and obtain licences for public performances. Please see the Copyright & Licences page of our website.


 

(7.2) Other Digital Downloads including Instant Access PDF & MP3 Add-on Products

  • Other digital products purchased and downloaded from our website cannot be cancelled or refunded once downloading has commenced, so please be careful to choose the correct product. Our download services commence immediately when you click on the link to download a product from our site and you will not have the right to cancel your contract once the services commence. By commencing the download service, you are agreeing that your cancellation period has ended. If you have received an unacceptably poor download, you must tell us as soon as possible by emailing digital@outoftheark.com.
  • Instant Access PDF & MP3 Add-on Packs are only available as ‘add-ons’ at the time of purchasing a corresponding Book, CD & Instant Licence or Book & Instant Licence package from our website.
  • When purchasing Instant Access PDF & MP3 Add-on Packs, no refund can be made for the associated product package purchased with the digital download. If elements of the product package are damaged or inoperable on receipt, they will be replaced free of charge.
  • The MP3 song files and digital songbooks may be placed on a school network and shared for educational purposes with pupils and staff within a single establishment. However, the MP3 song files and digital songbooks may not be placed on a parent portal or internet that is accessible beyond the single establishment and may not be shared with any other school or group. Sharing song files beyond your school network could constitute illegal file sharing and be a breach of copyright law.
  • All other licence requirements relating to the use, reproduction or performance of our products remain the same. You are still required to log the use of our songs on your annual CCLI report, declare copies made of our digital songbooks on your MRL report, and obtain licences for public performances. Please see the Copyright & Licences page of our website.

 

(8) Words on Screen CD ROM Products

You are responsible for ensuring that your system meets the following minimum technical standards before installing or running Words on Screen™ CD ROM Products:


PC
System: Microsoft Windows 2000, XP (Professional or Home editions) or later
Processor: Intel Pentium III or equivalent

Memory: 128 MB RAM (256 MB recommended)
Hard Disk Space: 200 MB

Display: 1024 x 768
Additional Software: Adobe Acrobat Reader included


Macintosh
System: Mac OS X v.10.2 or later
(Please note that Words on Screen™ does not work on v.10.7 at the moment)
Processor: G4 or faster

Memory: 128 MB RAM (256 MB recommended)
Hard Disk Space: 200 MB
Display: 1024 x 768
Additional Software: Adobe Acrobat Reader included


Systems with specifications below the minimum standards are likely either to achieve unsatisfactory results or else to fail to operate.


The use of this product is strictly regulated under the terms of the licence issued at the time of purchase. The original licence document should be retained for inspection as the products may not be used without a valid licence. The terms of the licence are listed below.


The Licence Holders Rights - For The Single User Licence Only

In granting the following rights, no other rights are deemed to have been granted. Where the licence holder is a school, church or nursery the licence grants the holder the following rights:

  • To run the programs contained on the CD ROM directly from the disc, ONLY whilst on the premises of the purchasing establishment that holds the licence.
  • To install the software on no more than ONE computer belonging to and located on the premises of the purchasing establishment that holds the licence. (Organisations wishing to install the software on network servers and/or more than one computer should contact Out of the Ark Music for an Extension Licence).
  • To run the program contained on this CD ROM directly from the hard disk of the computer on which the software has been installed, ONLY whilst on the premises of the purchasing establishment that holds the licence.

Where the licence holder is an individual:

  • To run the program contained on this CD ROM directly from the disc at any location where the individual is working.
  • To install the software on no more than one computer belonging to the licence holder, or on one computer at the normal workplace of the licence holder. (Any licence holder wishing to install the software on network servers and/or more than one computer should contact Out of the Ark Music for an extension licence.)
  • To run the program contained on this CD ROM directly from the hard disk of the computer on which the software has been installed.

The Licence Holder's Rights - For The Extension Licence Only

In granting the following rights, no other rights are deemed to have been granted. Where the licence holder is a school, church or nursery the licence grants the holder the following rights:

  • To run the program contained on this CD ROM directly from the disc ONLY whilst on the premises of the purchasing establishment that holds the licence.
  • To install the software on network servers and/or any computer belonging to and located on the premises of the purchasing establishment that holds the licence.
  • To run the program contained on this CD ROM directly from the hard disk of those computers on which the software has been installed, ONLY whilst on the premises of the purchasing establishment that holds the licence.

The Licence Holder's Obligations

The licence will remain in force subject to the following obligations being undertaken by the licence holder and/or the user of the software on behalf of the licence holder, subject to no infringement or violation having been committed:

  • If you hold a CCLI Licence (Christian Copyright Licensing International), the use of all songs must be logged on your annual CCLI report.
  • Where the songs are performed in front of an invited audience the appropriate performance royalty payments must be made.

Most schools have an arrangement with the PRS (Performing Rights Society) through their local authority. Organisations that do not have such an arrangement should contact Out of the Ark Music directly.


Restrictions

It is the licence holder’s responsibility to ensure that no restrictions are violated whether by its employees, its associates or any other individual.

The following acts are strictly forbidden:

  • Making any copy of the CD ROM or of any of the programs or applications stored on it, to any medium whether for private use or public use - with the sole exception of the installation rights detailed above.
  • Broadcasting any of the contents of the CD ROM (or installed versions thereof) by any means.
  • Forwarding any of the contents of the CD ROM (or installed versions thereof) by any means.
  • Lending the CD ROM to any other party than the staff members of the licence holder.
  • Selling or transferring the CD ROM to any other party.
  • Selling, transferring or disposing of any computer or storage device on which the program or contents of the CD ROM in part or in whole are installed or stored.
  • Modifying any program, or application, or contents of the CD ROM whether for individual use, public use, or financial gain.
  • Using any of the computer code or programming to create new programs or applications.

Licence Issuer's Rights

Out of the Ark Music reserves the right to revoke the licence without recompense, without prior notice and at its own discretion if the licence holder is deemed to have failed to observe any of the obligations or restrictions listed above, or any other copyright restrictions.


(9) Scope of This Agreement

This is the entire agreement between Out of the Ark and you relating to the goods, downloads, licences or services and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the goods, downloads, licences or services.


If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms.


Out of the Ark Music
Kingsway Business Park, Oldfield Road,
Hampton, Middlesex TW12 2HD


 

Out of the Ark Ltd. Registered Office: 40 Oxford Road, Worthing,
West Sussex, BN11 1UT, UK

(please do not mail to this address).
Registered in England Company Number 4399498.

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