Terms of Use
General Terms and Conditions of Mixmasters Pte Ltd
Content:
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Scope
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Conclusion of contract
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Subject matter of contract
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Term, termination and suspension of access to the service
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Prices, payment conditions, electronic invoices and set-off
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Intellectual Property Rights
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Availability of Service
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Warranty, Mixmasters service and success and accuracy of the service
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Indemnification
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Liability
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Confidentiality
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Miscellaneous
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Force Majeure
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Side agreements
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Right of withdrawal
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Severability clauseAmendment of the Terms and Conditions
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Amendment of the Terms and Conditions
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Applicable law and place of jurisdiction
1. Scope
1.1 These General Terms and Conditions (“Terms and Conditions”) apply for the agreement concluded between the Client and Mixmasters Pte Ltd (“Mixmasters”), 32 Pekin Street, #05-01, Singapore 048762, regarding the provision of our Retreats, On-site coaching, online coaching, and online services (“service”). The Client and Mixmasters hereinafter both together referred to as the Parties (“Parties”).
1.2 Any of the Client’s Terms and conditions) which are contrary to these terms and conditions are not part of the contract and are not acknowledged unless Mixmasters has explicitly approved their application. This also applies if Mixmasters performs its services implicitly in the knowledge of these contradictory or deviating terms and conditions of the Client.
2. Conclusion of Contract
A contract with Mixmasters is concluded by the client's acceptance of Mixmasters' offer (for example by clicking on the "Order/Buy" button on the Mixmasters website or via e-mail). If the client sends an offer to Mixmasters, the contract is only concluded when Mixmasters accepts the offer. These Terms and Conditions are always part of a contract with Mixmasters.
3. Subject matter of contract
3.1 The service includes the following:
- Mixmasters Pro Membership
Provides a comprehensive platform for electronic music artists, offering access to over 200 expert-led courses covering production, marketing, promotion, and labels. Membership includes participation in weekly live workshops with industry leaders, the opportunity to receive unlimited feedback on musical productions from qualified coaches, and access to a community of over 1,000 artists. All services are subject to the terms and conditions outlined in the membership agreement.
- Mixmasters Ibiza Retreats
On-site training in a villa in Ibiza. Producer workshops are offered as part of these training sessions. The coaches are usually high-calibre and well-known producers. The exact description of the different offers for the on-site training courses can be found directly in the respective offers.
- Get Signed Accelerator (herein referred to as “Program”)
Provides participants with monthly live A&R feedback sessions with leading global labels, production coaching, and expert A&R guidance from prominent electronic artists. Additionally, the program includes marketing coaching designed to enhance online presence and fan engagement, as well as career coaching aimed at assisting participants in setting and achieving their professional goals. All services are delivered in accordance with the terms and conditions of the program agreement.
- Mixmasters Online Access to Material
The Client is granted online access to services, including videos, under the terms of this contract and in compliance with applicable legal provisions.
- Other Service in the future
These Terms and Conditions also apply to all services that Mixmasters will offer in the future.
3.2 The service is performed on site, directly on the website, by telephone, via online conferences or by e-mail.
4. Term, termination and suspension of access to the service
4.1 Duration
The duration of the respective service depends on the Mixmasters offer. The terms or options for the terms are specified for each offer (for example, the term for a retreat is only the time in which the retreat takes place. For the online offers, the duration may vary depending on the offer. The duration therefore only ever results from the indication of the duration for the respective individual service in the Mixmasters offer.
4.2 Ordinary termination
In the case of contracts with a fixed term, ordinary cancellation is not possible for either party. Such contracts only end at the end of the agreed term.
For all other contracts, the cancellation period for both parties is at least 3 working days (Mon-Fri). (Which termination timeline do you wish? Please be aware that this is for both parties always the same timeline.)
4.3 Extraordinary termination
The right to terminate this contract for good cause remains. Reasons for extraordinary termination are for example if a party violates a cardinal obligation of the agreement and does not correct this violation in full within an appropriate time period. Mixmasters is entitled to terminate the contract for just cause
- If the Client is bankrupt or insolvent, if an application is made to initiate insolvency proceedings against the Client and rejected as unjustified or due to lack of assets
- If the Client grossly breaches a contractual obligation and this breach is not remedied within an appropriate period upon written request from Mixmasters. Providing a warning or setting a deadline is unnecessary where the continuation of the contractual relationship appears unfeasible due to the gravity of the breach of contract, a successful remedy cannot be expected or a termination with immediate effect appears justified, having considered the interests of both parties and/or the continuation of the contractual relationship until the end of the agreed term is unreasonable for Mixmasters because of the violation of a cardinal obligation by the client, considering all of the circumstances in the given case and having considered the interests of both parties.
- If the Client's behaviour is unlawful, disruptive, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or abusive. In this case Mixmasters has as well the right to immediately suspend the client from the services. This applies to the online services as well as to the on-site services The right to terminate the agreement for cause, if given, shall remain unaffected.
4.4 Form of termination
Terminations must be declared in writing (via E-Mail is sufficient) . The Client can issue a notice of termination by email to [email protected].
5. Prices, payment conditions, electronic invoices and set-off
5.1 The price per service is always listed in connection with the respective offer of a specific service and can be found there (for example on our website or in the offer via e-mail).
5.2 All pricing information is quoted net and excludes VAT.
5.3 Special prices agreed upon conclusion of the contract apply only for the duration of the first year of contract. Thereafter, the Mixmasters standard prices stated to the Client during conclusion of the contract will apply. Agreements to the contrary between the Client and Mixmasters remain unaffected by this.
5.4 Mixmasters reserves the right to issue electronic invoices The Client agrees that he may receive the invoice in electronic form, and hereby declares his consent in this regard.
5.5 Unless otherwise agreed, invoices are to be settled within eight (8) days of receipt of the invoice.
5.6 As a general rule: Claims by Mixmasters can only be offset against undisputed or legally established counter-claims. In the case of defects, the Client only has a right of retention where the retained amount does not exceed the reduced value of the service in question caused by the defect or the provisional costs of subsequent fulfillment or removal of the defect.
5.7 If the Client is in arrears with the payment of a respectively agreed portion of the remuneration in the event of an agreed non-annual payment method, the entire annual fee is due immediately.
5.8 In the case of an outstanding payment, Mixmasters may temporarily suspend performance of the service until the payment has been made in full.
6. Intellectual Property Rights
Mixmasters acquires, irrevocably, worldwide ownership of the results and of all intellectual property rights in the materials concerning their services (Mixmasters Website, Mixmasters Online-Access, materials used in Mixmasters on-site courses, Trademarks and similar). The intellectual property rights so acquired include any rights, such as copyright and other intellectual or industrial property rights, to any of the results and in all technological solutions and information created or produced by Mixmasters or by its subcontractors. Mixmasters has all licenses for material from third parties which is contained in it´s services. It is strictly forbidden to copy, use or sell any of the information which is contained in the services of Mixmasters.
Mixmasters website itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the website by us Mixmasters or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Mixmasters Pte Ltd., (the “Mixmasters”) and are the property of the Mixmasters and/or its third-party providers. You agree that such Mixmasters Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Mixmasters hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes.
No Mixmasters Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by theMixmasters. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of theMixmasters, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Mixmasters.
All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Mixmasters and/or a supplier to the Mixmasters. No such materials may be used except as provided in these Terms of Use.
However, no system whether or not password protected can be entirely impenetrable.
7. Availability of Service
Mixmasters Online access shall endeavor to provide access to the service to all Clients 24 hours a day and 7 days a week. Temporary interruptions of operations are, however, possible due to ordinary maintenance work, inherent disruptions on the internet from foreign providers or foreign network providers, or in the case of force majeure. The Client therefore has no claim to uninterrupted access to the service at all times. No specific availability of the service is agreed.
8. Warranty, Mixmasters service and success and accuracy of the service
Mixmasters endeavors at all times to provide a high-quality service. However, the service is designed as the sole basis for improvement and in part is based on information from third parties. Every effort has been made to accurately represent the service and its potential. We train and show how you can get signed or earn more money, but there is no guarantee that you will earn any money using the techniques and ideas you will find online or in our retreats. We do not position our service as a “get rich quick scheme.”
The Online Access contains information from various data sources and third-party deliveries. Mixmasters is explicitly not responsible for ensuring that the service contains general or specific information regarding any third party and the currentness, correctness and accuracy of third-party content. For this reason, the evaluation of data taken from the service takes place essentially at the Client’s own risk. Mixmasters assumes no responsibility for all third-party information.
9. Indemnification
The Client will indemnify and hold Mixmasters harmless against any and all damages, claims, losses, demands, lawsuits or other legal actions, including demands for legal fees, made by any third party against the Label arising out of any breach made by the Client any warranty made by the Client, acts or omission, of the Client in conjunction with the services or breach.
10. Liability
Mixmasters is liable without limit, according to the legal provisions for damages sustained by the Client as a result of intentional or grossly negligent behaviour of Mixmasters or its agents. Mixmasters is not liable for any injuries you may incur. Mixmasters are undertaken at your own risk. We are not liable for any medical or psychiatric conditions which may develop during or subsequent to the retreat. Mixmasters is not liable for loss of, or damage to, your personal property. Mixmasters is not responsible for the proportion of your guests in any group. Mixmasters is not responsible for the individual behaviour of you or any guest.
For the remainder, Mixmasters liability for claims for damages is limited according to the following conditions, unless otherwise appears in a warranty assumed by Mixmasters:
- Mixmasters will only be liable for damages caused as a result of negligence where they arise from a breach of significant contractual duties. Cardinal obligations are those contractual obligations which make the fulfillment of the contract possible in the first place and where the Client can rely on them to be observed. Where Mixmasters is liable for ordinary negligence, its liability is limited to the typically foreseeable damage.
- Mixmasters’s liability for losses of data and/or programmes due to negligence is limited to the typical cost of restoring the original state, which would have been incurred if the Client had performed regular data backups suitable according to the circumstances.
- The provisions of the above paragraph also apply accordingly for the limitation of replacement damages for wasted expenditure.
11. Confidentiality
11.1 The contracting parties pledge to treat any trade and business secrets of the other party, which they – or their agents – have learned in the course of initiating or fulfilling the contract, as confidential. These obligations do not apply to information, knowledge and experiences which
- are proven to have been generally known without a violation of this obligation of secrecy,
- are proven to have already been known by the parties before the information, knowledge and experiences were acquired,
- were received by a third party without an obligation to secrecy, or
- are proven to have been independently acquired.
- The burden of proof for the existence of one of the above exceptions is borne by the party wishing to claim the exception.
12. Miscellaneous
12.1 Mixmasters is entitled to contact the Client during the contract term regarding new developments and services of Mixmasters. The Client may withdraw its permission at any time.
12.2 Mixmasters is entitled to make changes to the services as long as the agreed content is not limited or impaired as a result of this. Mixmasters will take reasonable measures to inform the Client about such changes as early as possible.
12.3 All travel arrangements are Client's responsibility and at Client's own cost. Mixmasters will not be held liable for any consequences arising from delays or cancellations in any of the companies Client may have made arrangements with, or for any irregularities in Client´s documentation required for travel. Transfers to/from the retreat are at Client's own cost, unless otherwise specified.
12.4 Mixmasters require that Clients travel insurance covers the activity of the retreat as well as unexpected cancellation, sickness, losses and all the risks which are common. Clients should bring the policy to the retreat in case of an emergency.
12.5 Client have a medical condition, serious or otherwise, Client must inform Mixmasters at the time of booking and provide a letter from the Client's doctor confirming that it is safe for the Client to attend a retreat with Mixmasters advertised diet (please see in the respective offer), classes and other physical activities that Mixmasters arrange at Client's request (e.g. hiking, surfing etc.). In the interests of Client´s wellbeing Mixmasters may decline Client´s stay at the retreat.
If an emergency arises Mixmasters will do everything in their power to assist the client, but Mixmasters is not responsible for the outcome of any such emergency.
Whilst all measures are taken to ensure a high standard of health and safety, Mixmasters retreats are situated in the countryside and in some cases in mountainous areas, where the land is uneven and Mixmasters will not be responsible for any injuries caused by uneven terrain.
13. Force Majeure
If the performance of this agreement by either party is prevented, restricted or delayed due to any cause arising from or attributable to acts, events, non-happenings, omissions, accidents beyond the reasonable control of the party due to perform, the party which is affected shall be excused from performance to the extent of such prevention, restriction or delay. No party shall have any liability to any other party for delay or non-delivery in the performance of its obligations under this Agreement, when attributable to compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, fires, war, riots, labour disputes such as strikes or lockouts, sabotage, unusually severe weather or any other cause beyond the reasonable control of such party.
14. Side agreements
There are no verbal or written side agreements to this contract. Amendments or supplements to the contract, which do not fall under section 17 (Amendment of the Terms and Conditions), must be made in writing (e.g. via e-mail). This also applies for the removal of the requirement of written form.
15. Right of withdrawal
Under EU and Austrian law, you have the right to cancel contracts concluded online within 14 days (statutory right of cancellation or right of withdrawal).
Since May 2022:
Cancellation period
The cancellation period for all member states is 14 days from receipt of the goods.
Right of cancellation in the event of incorrect instructions
In the event of missing or incorrect cancellation instructions, the right of cancellation is extended to 12 months after the 14-day period has expired. The so-called "perpetual right of cancellation" has been abolished by this regulation.
16. Severability clause
Should one or more of the provisions agreed between the parties be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision is replaced by one which, where legally possible, most closely reflects the location, time, degree and scope of the meaning and purpose of the invalid provision. Gaps in the contract are to be filled by what the parties would have agreed given a reasonable assessment of the factual and legal situation and considering the legitimate interests of the respective other party had they been aware of the need for a provision regarding the matter at hand. This also applies if the invalidity of a provision is due to a prescribed degree of the service or time (period or deadline); in that case, a degree of the service or time (period or deadline), which most closely reflects the original intention, shall be regarded as agreed. This clause does not apply to the above General Terms and Conditions.
17. Amendment of the Terms and Conditions
Mixmasters may amend its Terms and Conditions from time to time. These can always be viewed by the client on the Mixmasters website. The client is required to check for changes from time to time. If changes are made, the client will be informed by e-mail. The Client may object to such a change. In order to do so, the Client is to declare an objection to Mixmasters in writing or by sending an email to [email protected] within four (4) weeks after receipt of the notification from Mixmasters regarding the change to the General Terms and Conditions (hereinafter “changes”). This period is only provided if the objection is received by Mixmasters before the deadline. Where the Client does not raise an objection in the correct form within the given period, the changes are regarded as approved, and the amended General Terms and Conditions become a component part of the contract. Mixmasters shall explicitly make reference to this and to the form and deadline for the objection in the notification regarding the change. If the Client raises an objection to the changes in the correct form (via email is sufficient) within the period, the contract continues unchanged. However, in this case, Mixmasters has the right to terminate the contract with a period of notice of four weeks by issuing a written declaration to the Client, where continuing to observe the unchanged contract is commercially or technically unreasonable for Mixmasters.
18. Applicable law and place of jurisdiction
This contract is exclusively subject to the law of the United Kingdom. The place of jurisdiction for all disputes arising from the contractual relationship with Mixmasters will be London.
Version: September 2024
