In these terms and conditions, ‘we’ and ‘us’ means Out of the Ark Ltd trading as Out of the Ark Music, and ‘you’ means the person or organisation that purchases the goods, services or licences from us.

General

• These terms and conditions apply to all agreements for the sale of goods, services or licences to you to the exclusion of any other terms and conditions specified by you in your purchase order or any other document. The goods, services or licences you purchase 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 state schools where 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). 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 direct. If orders are not received, we may have to send your replacement order by secure courier, in which case you will be asked 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.

Returns

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 Digital Downloads, please see the section 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 Distance Selling Regulations, you have the right to cancel the contract for the purchase of items within a period of 7 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 Distance Selling 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.

Digital Downloads and Go Digital Products

• 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.
• Go Digital Add-On Packs are only available as ‘add-ons’ at the time of purchasing a corresponding Book & CD or Book, CD & CD ROM package from our website.
• When purchasing Go Digital 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.

Reproduction, Performance and Licensing

• When you purchase a songbook from us, we convey the right to copy the song lyric sheets for teaching purposes. Photocopying the lyrics or making OHP transparencies for assemblies or public worship requires a CCL or MRL licence from CCLI (www.ccli.co.uk). Photocopying the music scores requires an MRL licence from CCLI.
• 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 licence from us. Please note that schools should log the use of our songs for assemblies as required by their CCLI licences.
• A licence is required by law for the performance of any work involving drama, movement or spoken dialogue. For convenience we issue affordable licences. An easy-to-complete licence form is provided with each of our musicals.
• The scripts 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.

Words on Screen™ CD ROM Licence

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 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 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 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 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 Holders 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:

• For all who hold a CCLI Licence (Christian Copyright Licensing International), the use of all songs must be logged on the licence holder’s 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.

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: IBAN - GB89 BARC 2090 5600 0440 40; SWIFTBIC - BARCGB22.

Cheques (Pounds Sterling ONLY) 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. Please quote your Customer Code on the back of the cheque.

Eurocheques made payable to 'Out of the Ark Music’ and sent to the above address.

Out of the Ark Ltd trading as Out of the Ark Music. Registered Office: 40 Oxford Road, Worthing, West Sussex BN11 1UT (please do not mail to this address).
Registered in England Company Number 4399498.