20      Month to Month Rental Agreement

20.1      Introduction

This Month to Month Rental Agreement (the “Agreement”) is between Da Capo Academy, it’s associates and Teachers ("Da Capo Academy") and the user or recipient of the product or service agreeing to these terms ("Customer").  This Agreement governs access to and use of the agreed product provided by Da Capo Academy (“Product” or “Products”), and what payment obligations are required of the Customer.

By clicking "I agree", signing your contract for the rental and use of the Product, you agree to this Agreement as a Customer.

If you are agreeing to this Agreement and, if applicable, the Data Processing Agreement, for use of the rental Product  by an organisation, you are agreeing on behalf of that organisation. You must have the authority to bind that organisation to these terms, otherwise you must not sign up for the rental Product.

20.2     Definitions

a)        The online web interface and point of sale system provided by Da Capo Academy will be referred to as the “Point of Sale”.

b)        Rental will be given on a month-to-month basis referred to as a “Series”.

c)        The person receiving the rental product and/or paying any applicable fees for rental within or for the Series will be referred to as the “Customer”.

d)        "End Users" means users of the Customer's Services account. End Users may include the Customer's and its Affiliate's employees and consultants.

e)        "End User Account" means a Da Capo Academy hosted account established by the Customer through the Services for an End User.

f)        The person giving rental as a representative of Da Capo Academy, will be referred to as the “Intermediary”.

g)        "EU Data Protection Laws" means, to the extent in force and applicable from time to time, those laws implementing EU Data Protection Directive (95/46/EC), the EU General Data Protection Regulation (2016/679) and any implementing laws in each EU member state.

h)        "EU Standard Contractual Clauses" means the EU Standard Contractual Clauses with Da Capo Academy for the transfer of personal data to processors incorporated into the Data Processing Agreement.

i)         "Data Processing Agreement" means the agreement with Da Capo Academy relating to compliance with EU Data Protection Laws set forth at the following link: http://dacapoacademy.co.uk/data-processing-agreement or other link that Da Capo Academy may provide.

20.3     Fees

The Customer hereby agrees to pay Da Capo Academy the amount of money as mentioned at the Point of Sale to lease the property owned by Da Capo Academy over a Series.

20.4     Conditions

The conditions below will apply to this agreement.

20.4.1  Term

This Agreement shall be effective on the date of signing this Agreement (hereinafter referred to as the “Effective Date”) and will commence over a Series specified at the point of Sale.

Upon the end of the term of the Agreement, this Agreement will not be automatically renewed for a new term unless both Parties consent to the matter.

20.4.2  Product, Use, and Possession

The Product that is to be rented by Da Capo Academy is specified and depicted via illustrative image at the Customer’s Point of Sale interface.

The Product must be collected by the Customer during the next booked session after signing this Agreement.  If this date is not convenient, a date must be arranged as soon as possible.  Da Capo Academy will not be held responsible for lost time during the Series.

The Product will be used as per the manufacturer’s intent and may only be use by the Customer and/or student receiving lessons from Da Capo Academy.  If the product is used by anyone other than the person and/or persons above, any damages occurred will be paid for at the purchases cost of replacement in full by the Customer, minus the cost of the paid Security Deposit.

20.4.3  Costs and Payment

The monthly rent to be paid by the Customer to Da Capo Academy is agreed at the Point of Sale. It is to be paid by the Customer on the first day of every Series, whereas the first rent payment is due immediately at the Point of Sale.

The method of payment preferred by both parties is direct transfer, via the Point of Sale.

Prior to taking possession of the product, the Customer will pay Da Capo Academy the amount stated at the Point of Sale as a security deposit (herein referred to as “Security Deposit”, or “Security Deposits”) to cover the cost of any damages suffered to the product. Such security deposit will be returned to the Customer upon the end of this Agreement in case the product is left in the same condition as prior to possession.

20.4.4  Termination

This Agreement may be terminated in case the following occurs:

a)             Immediately in case one of the Parties breaches this Agreement.

b)             At any given time by cancelling via the Point of Sale.

c)             By mutual consent at any time by Da Capo Academy, or the Customer, by any of the mentioned parties cancelling the Series at the Point of Sale.

d)             Where fees are not paid on time, Da Capo Academy reserves the right, to terminate this Agreement with immediate effect by giving written notice of termination to the Customer.

e)             Da Capo Academy, the Intermediary, or the Customer, may terminate the Agreement by cancelling the Series at the Point of Sale before the end of the Series for the termination to take effect at the end of that Series. Such termination will take effect at the end of a Series only and not at any other time.

If this agreement is completed or terminated, the Customer must return the Product to Da Capo Academy, before 8pm UTC seven working-days after the final day of the most recent Series. Failure to do so will result in the Customer being charged for the full-price replacement cost, minus the cost of the paid Security Deposit of the product as a replacement fee.

If the Agreement has been completed in good faith and the product returned to Da Capo Academy, the Service Deposit will be refunded, with any incurred accrued fees relating to late-return refunded at 70% of the fee; this does not apply to any terminations due to damages.

20.4.5  Notice

a)             Unless terminated under conditions 20.4.4 b), above, this Agreement shall continue from Series to Series, for the duration agreed at the Point of Sale.

b)             The Customer agrees to give notice of all damages to the Product that are beyond reasonable wear and tear.

c)             If the Customer damages the Product beyond reasonable wear and tear, the Customer is not entitled to a refund of any fees paid or the Security Deposit.

20.4.6  Conduct

a)             If the Intermediary, in his or her reasonable opinion, feels unable to continue the rental on account of unreasonable conduct by the Customer or anyone connected with the Customer, any outstanding fees will not be refundable this includes the Security Deposit. 

20.4.7  Changes

a)             Any changes to the terms of this Agreement will be sent to the Customer within a minimum of seven-days before those changes are to take effect in accordance to 20.5.1 a), below.

b)             If the Intermediary chooses to waive any right or remedy under this Agreement or otherwise (for example, if the Intermediary chooses to waive fees) this shall not mean that he or she must do so in future or that he or she waives any other rights or remedies, unless agreed in writing.

20.4.8  Communication between parties

a)             For the purposes of this Agreement formal written notice must be given on paper or by email.

b)             Verbal communication (spoken, in person or via telephone), text messaging or any form of social networking will not be accepted as formal communication of notice of termination.

c)             Verbal communication (spoken, in person), text messaging or any form of social networking will not be accepted as formal communication of notice of cancellation this rental agreement.

20.4.9  Disputes

a)             Before filing a claim, each Signatory agrees to try to resolve the dispute by contacting the other Party through the notice procedures in 20.4.8.

b)             If a dispute is not resolved within thirty-days of notice, the Customer or Da Capo Academy may bring a formal proceeding.

20.4.10 Governing law and jurisdiction

a)             This Agreement shall be subject to the laws of the jurisdiction of the United Kingdom and the signatories to this Agreement agree that any dispute relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

20.5   Miscellaneous

20.5.1  Terms Modification

a)             Da Capo Academy may revise this Agreement from time to time and the most current version will always be posted on the Da Capo Academy website.

b)             If a revision, in Da Capo Academy’s sole discretion, is material, Da Capo Academy will notify the Customer in accordance to 20.4.8 (by, for example, sending an email to the email address associated with the applicable account).

c)             Other revisions may be posted to Da Capo Academy’s articles page or terms page, and the Customer is responsible for checking these postings regularly.

d)             By continuing to access or use the Services after revisions become effective, the Customer agrees to be bound by the revised Agreement.

e)             If the Customer does not agree to the revised Agreement terms, the Customer may terminate the Services within thirty days of receiving notice of the change.

20.5.2  Entire Agreement

a)             This Agreement supersedes any prior agreements or understandings between the parties, and constitutes the entire Agreement between the parties related to this subject matter.

b)             All attachments to the Agreement, the Data Processing Agreement, Customer invoices and Order Forms executed by the Parties are hereby incorporated into the Agreement by this reference.

20.5.3  Interpretation of Conflicting Terms

a)             If there is a conflict between the documents that make up this Agreement, the documents will control in the following order:

i)              the invoice,

ii)             the Order Form,

iii)           the Agreement.

b)             The terms and conditions of this Agreement will be considered the confidential information of Da Capo Academy, and the Customer will not disclose the information to any third parties.

c)             The Customer agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void.

If End Users are required to click through terms of service in order to use the Services, those click-through terms are subordinate to this Agreement and this Agreement will control if there is a conflict.