Terms of Service

TERMS & CONDITIONS

This agreement is entered into between Messages On Hold Australia Pty Ltd (MOHA) trading as The Groove Gallery, 21 Moore Street, East Perth, Western Australia 6004 ABN 47009438528 and "The Client" whose name and address is entered during The Groove Gallery product purchasing process.

1. The Client is granted a licence to replay The Music through The Client's sound system at locations detailed for the term of the agreement. The Music must be returned to MOHA at the conclusion of the agreement.
2. The Music has been composed and produced by Messages On Hold. The Client is not required to pay for any other performance licences from any other copyright organisation.
3. The Client shall not transfer nor assign this agreement nor any rights hereunder without written permission from MOHA.
4. The Replay Equipment remains the property of MOHA at all times and shall be returned to MOHA within 3 business days of the end of the Agreement.
5. Should the Replay Equipment fail to perform during the term of this agreement (other than due to a mechanical failure caused by the negligence or misuse by The Client) The Client shall have the right to return the defective Replay Equipment at their expense to MOH who undertake to remedy the problem or arrange a replacement unit at no additional charge, to use for the duration of the term of this agreement. This constitutes the sole and exclusive remedy of The Client, and MOHA shall in no event be liable for any direct, indirect or consequential damages or losses of any nature whatsoever by reason of any failure of the Replay Equipment or The Music.
6. The validity, interpretation and performance of this agreement shall be controlled by and construed under the laws of Western Australia. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision herein.
7. MOHA reserves the right to collect any duties or taxes applicable in the country of installation. The amount collected will be determined in accordance with current legislation.
8. This Agreement will automatically renew for successive periods equal to the initial term, unless notified by either party by written notice to the other served at least 90 days prior to the expiration of the initial term or any renewed term. The renewal shall cover the same equipment and The Music over the same term as provided in the original agreement.
9. MOHA reserves the right to recover all costs incurred by it legal or otherwise, from The Client if The Client fails to pay the agreed rate as required by this agreement.
10. MOHA may novate this agreement in favour of a purchaser subject to the following. The purchaser obtains MOHA's rights and assumes MOHA's obligations under the agreement. The Client releases MOHA and accepts the purchaser in place of MOHA.
11. Quarterly payments will be accepted by direct debit, Paypal or credit card. Annual payments may also be paid by EFT or cheque in advance.
12. Should The Client terminate the agreement prior to the expiry of the initial term or any subsequent term ('Unexpired Term'), then a sum equal to the amount payable for the Unexpired Term, less a 1% discount for each month of the Unexpired Term, will be payable. All notifications to terminate the agreement must be provided in writing.
13. Rates based on 24 month fixed term. P&H within Australia AU$99, international AU$199.