Terms and Conditions

The ACE Music Booking Agency terms and conditions pertain to us (herein referred to as ‘agency’), live music hire (herein referred to as ‘engagement’ or ‘engagements’) by users or their associates (herein referred to as ‘client’ or ‘clients’) as requested (herein referred to as ‘request’ or ‘requests’) and the users or their associates that provide live music services (herein referred to as ‘act’ or ‘acts’). These terms and conditions have been written as plainly as possible however if you have any difficulty understanding the content of this page please seek professional advice before proceeding. Agreement with all agency terms and conditions is mandatory in order to use agency services.

Request
1. An engagement request made by a client that is not in an agreed partnership with the agency can be either a direct or shortlist type of request.
2. An engagement request made by a client that is in an agreed partnership with the agency can only be a managed type of request.
3. Upon receipt of the engagement request from the client, the agency will attempt to provide the client with information and quotes from act members that best fit the requirements submitted on the engagement request.
4. In the event the agency is unable to exactly match the engagement request, the agency will match act members with the greatest number of client criteria or adjust the engagement request in order to provide a suitable selection of act members.
5. The agency does not permit any external music related booking platform to make a request without prior written consent from the agency.
6. The agency does not permit the act or client to promote external individuals not members of the agency or external music related business in relation to agency requests.
7. The agency does not guarantee the client will receive quotes from act members in relation to the request.
8. The agency reserves the right to close a client request. The agency decision in such matters is final.
Broadcast
1. The agency will create a broadcast from the client engagement request. The client contact details will not be made available to the act on the broadcast message.
2. The client engagement request broadcast will be made available to act members that match the requirements on the engagement request according to the agency.
3. The client engagement request broadcast will be made available firstly to agency act members and may be made available to additional external suitable act members if required by the agency.
4. Once a client engagement request has been broadcast it is not possible to change the request type should multiple types of request be offered by the agency.
5. It is not possible to limit or set the amount of act members that will receive the client engagement request when broadcast.
6. The agency does not guarantee the quantity or frequency of engagement requests any act can or will receive.
7. The agency reserves the right to not broadcast a client request. The agency decision in such matters is final.

Quotation
1. The act is required to be a member of the agency in order to provide a client with their quote for a client request.
2. The agency does not guarantee the act will receive a response from the client in relation to their quote.
3. The agency does not guarantee that the engagement will still be available at the point of quotation.
4. The agency does not permit quotation by the act of external individuals or businesses in relation to a client request.
5. The agency does not permit the client to request or receive payment from the act or their associates in relation to a quotation.
6. Any act quote where a fee has been stated is required to include the performance fee as well as all costs required to perform the engagement in the quoted fee.
7. The act quote is not accepted and the act is not booked by the client until they have received confirmation from the agency for managed type booking requests.
8. The act quote is not accepted and the act is not booked by the client until they have received confirmation from the client for direct or shortlist type booking requests.
9. Where the client has made a direct type of request, permission to publish or share the client contact details is granted to the agency by the client. The client contact information will only be made available to act members of the agency ACE Direct service.
10. Where the client has made a direct type of request, permission to publish or share the client contact details with any external party or platform is not granted to any act or associate. The agency is not responsible for any external action taken by the act in relation to the client contact details.
11. Where the client has made a direct type of request, permission to publish or share the client contact details is revoked should the related request or requests be closed or removed.
12. Where the client has made a shortlist type of request, permission to publish or share their contact details is not granted and the client contact information will not be made available to any act member unless the client manually shares the information.
13. Where the client has made a managed type of request, permission to publish or share their contact details is not granted and the client contact information will not be made available to any act member.
14. Where the client has made a managed type of request, the act quote will not include the cost or provision of any items the client stated they would provide in addition to their budget on their engagement request.
15. Client email address details are verified by the agency at the point of request. The agency does not guarantee all details and information supplied by the client is valid or able to receive their quote.
16. The act does not retain any rights to claim from the agency for loss due to any delay or errors in quotation.

Payments
1. Agency ACE Direct service is charged per month per subscribed act profile and services begin immediately upon first payment or commencement of any trial period. There is no minimum or maximum term of duration for the ACE Direct service.
2. Upon payment for the agency ACE Direct service the agency will make every effort to upgrade the act profile as soon as possible although no guarantee is made in relation to the period of time it may take.
3. Subscription to the agency ACE Direct service does not guarantee the act will receive client booking requests and does not guarantee the act will be booked for any client booking requests received.
4. The agency stated 0% agency fee and stated 0% commission service only applies to direct type booking requests.
5. For shortlist type requests payment is required by the client to access the profile information and quote provided by the act.
6. For partnership top-up payments the agency adds and retains an administration charge to cover bank processing, fees incurred whilst converting currency and/or issuing/refunding payments. This charge is paid by the client when they top-up the balance in their partnership dashboard.
7. For booked managed type of client engagements the agency adds and retains an administration charge to cover bank processing fees, administration, commission, fees incurred whilst converting currency and/or issuing payment. This charge is paid by the client when they book an act.
8. Non USD currency payments will be debited and show on the associated act or client statement in the converted amount of USD.
9. For completed booked managed type of client engagements the agency will issue payment to the act by way of our payment partners. The act is required to create an account (for free) with the appropriate payment partner in order to collect their payment. No payment information is stored by the agency. Payments may require the act to take additional action to confirm or approve the payment. Failure to create an account or take any required action may result in a failure to issue payment. Payment may be re-issued only at agency discretion. The act does not retain any rights to claim from the agency for loss due to the failure.
10. For booked managed type of client engagement for events, where the client or act has confirmed the performance, the amount quoted by the act will be paid to the act within seven working days after the event date. The act does not retain any rights to claim from the agency for loss due to any delay in payment.
11. For booked managed type of client engagement for contracts, where the client or act has confirmed the performance, where the client has paid the agreed first scheduled contract payment and not cancelled, a payment of the amount quoted by the act will be paid to the act within seven working days of the end of the first contract payment schedule. The agency will then collect each agreed contract payment from the client as scheduled and a payment of the amount quoted by the act will be issued to the act at the end of each schedule of contract performance until completion of the contract. The act does not retain any rights to claim from the agency for loss due to any delay in payment.
12. Should the client fail to make a scheduled contract payment within 72 hours of request, the act will be notified by the agency they are performing unpaid and are to cease performing immediately. The client will be liable for any and all costs incurred by the act and the agency in relation to the failure.
13. Should the agency action a full or partial withdrawal of a payment held by the agency for the client to the act, the agency is absolved of involvement in relation to the payment withdrawn. Any release of payment to the act by the client invalidates any advertised guarantee and is the financial and legal responsibility of the act. The client and act do not retain any rights to claim from the agency for loss due to the withdrawal.

Refunds & Cancellations
1. The client and act do not retain any rights to claim from the agency for loss due to any refund, postponement or cancellation.
2. Should the act cancel their agency ACE Direct subscription they will be removed from any and all of the benefits provided by the service. There is no fee for cancellation of the ACE Direct service.
3. The agency is not required to refund any payment made by the act for ACE Direct subscription after the profile has been upgraded and services have been rendered.
4. For shortlist type requests the agency is not required to refund any payment made by the client after the client has accessed the profile information and quote provided by the act or acts.
5. Any act or client claiming or creating a financial dispute, may have their account closed and be immediately removed from any and all agency services at the discretion of the agency, in order to prevent any further disputes. The agency decision in such matters is final and no notification will be provided.
6. For booked managed type of client engagements the client or act may only be postponed or cancelled by email notification to the agency. The engagement is not considered postponed or cancelled until a response is issued by the agency. It is the responsibility of the client or act to inform the other party and the agency as soon as postponement or cancellation is required.
7. For booked managed type of client engagements when a postponement is agreed by client and act, the act agrees to perform for the client using the same terms and for the same fee as agreed, providing no alterations to the engagement have been discussed and agreed in relation to the postponement.
8. For booked managed type of client engagements in the event of cancellation the agency may re-broadcast the request and attempt to find a replacement for the client. The agency does not guarantee a replacement will be found for the engagement.
9. For booked managed type of client engagements in the event of an issue where payment has not been collected by the agency, the client will be notified to make the payment by way of a separately issued invoice. In the event the invoice is not paid the agency will cancel the booked managed type of client engagement and notify the client and act.
10. For booked managed type of client engagements in the event of cancellation within 48 hours of payment by the client or by the act, with greater than 48 hours until the event date or contract start date or contract performance date, the client will receive a 100% refund of any payment made by the client which is still held by the agency, including any administration charge; no payment will be made to or retained by the act.
11. For booked managed type of client engagements in the event of cancellation by the agency due to action or information by the act deemed inappropriate by the agency, the client will receive a 100% refund of any payment made by the client which is still held by the agency, including any administration charge; no payment will be made to or retained by the act.
12. For booked managed type of client engagements in the event of cancellation by the agency due to action or information by the client deemed inappropriate by the agency, the client may or may not receive a refund based on the decision made by the agency in relation to the cancellation.
13. For booked managed type of client engagements in the event of cancellation by client or act which is a Force Majeure Event or due to a no-show by the act at the engagement or due to action or information by the act deemed inappropriate by the agency, the client will receive a 100% refund of any payment made by the client which is still held by the agency, including any administration charge; no payment will be made to or retained by the act. The client or act may be required to provide independently verifiable evidence of the Force Majeure Event if used as a cancellation reason.
14. For booked managed type of client engagements in the event of cancellation by client which is not a Force Majeure Event and is not due to action or information by the act deemed inappropriate by the agency and is after 48 hours of payment but with greater than 6 months until the event date or contract start date or contract performance date, the client will receive a 75% refund of any payment made by the client which is still held by the agency, minus any administration charge; a payment total equal to 25% of the amount quoted by the act will be made to or retained by the act. The act may chose to refund the full amount to the client at their discretion.
15. For booked managed type of client engagements in the event of cancellation by client which is not a Force Majeure Event and is not due to action or information by the act deemed inappropriate by the agency and is after 48 hours of payment but with greater than 7 days until the event date or contract start date or contract performance date, the client will receive a 50% refund of any payment made by the client which is still held by the agency, minus any administration charge; a payment total equal to 50% of the amount quoted by the act will be made to or retained by the act. The act may chose to refund the full amount to the client at their discretion.
16. For booked managed type of client engagements in the event of cancellation by client which is not a Force Majeure Event and is not due to action or information by the act deemed inappropriate by the agency and with less than 7 days until the event date or contract start date or contract performance date, the client will not receive a refund of any payment made by the client which is still held by the agency; a payment total equal to 100% of the amount quoted by the act will be made to or retained by the act. The act may chose to refund the full amount to the client at their discretion.
17. For partnership top-up payments in the event a refund is requested by the client, the client will receive a 100% refund of their remaining partnership balance only. The refund may take take up to 30 days to be issued.
18. For partnership top-up payments in the event the balance remains negative after the agency has requested Top-Up, engagements related to the partnership will be cancelled in recently booked order until the balance returns to positive or an invoice for collection of the payment issued by the agency has been paid.

Engagement
1. It is the responsibility of the client to provide the additional items selected on the engagement request at their own cost in additional to the cost of the act quote and to have discussed the provision of the items with the act directly before the engagement.
2. For managed type of client engagement requests all communication before completing the booking is to be via the ACE messaging service or email to the agency. The agency reserves the right to add, alter or delete any message received through the ACE messaging service as required by the agency. Communication outside of the ACE messaging system or email to the agency invalidates any advertised guarantee and may result in the removal of the client or act from the agency services.
3. For managed type of client engagement requests where contact details have been exchanged it is the responsibility of the client to accept the quote from the act provided by the agency. Failure to do so invalidates any advertised guarantee and may also result in action against either client or act should this failure result in a loss of earnings for the agency.
4. It is the responsibility of the client and act to enter into an engagement agreement directly regarding the terms and conditions of the engagement should either party require an engagement agreement. Any engagement agreement between client and act does not take precedence over the agency terms and conditions.
5. For direct and shortlist type client engagement requests the agency is not a party to and is absolved from any and all involvement related to communication, quotation, agreement, payment and the engagement.
6. For managed type of client engagement requests the agency is not a party to and is absolved from any and all involvement related to any engagement agreement and the engagement.
7. For direct type client engagement requests where the client has closed their request, the agency does not guarantee any act that already have their contact details will not contact the client in the future. It is the responsibility of the client to directly inform the act the engagement request is now closed.
8. It is the responsibility of the act to ensure they have all applicable and required local and national certifications, approvals and permissions required to perform an engagement where the event or contract is to take place.
9. It is the responsibility of the client to ensure they have all applicable and required local and national certifications, approvals and permissions required to host an engagement and the engagement complies with published local and national information where and for when the event or contract is to take place.
10. It is the responsibility of the client and act to read the information provided by the agency.
11. It is the responsibility of the client and act to directly discuss any details required before the date of the engagement by using the contact details supplied.
12. It is the responsibility of the act to perform the engagement as agreed and to do so in accordance with the agency musicians code of conduct.
13. Although every effort is made to ensure the act is of sufficient standard to comply with the client engagement request, the ultimate decision to engage any act referred by the agency lies with the client and the agency does not accept any responsibility for loss or damage resulting from or in relation to the engagement or engagement request.
14. Although every effort is made to ensure the client is genuine and any engagement request is valid, the ultimate decision to engage with a client referred by the agency lies with the act and the agency does not accept any responsibility for loss or damage resulting from or in relation to the engagement or engagement request.

Additional
1. Use of the agency website and services implies agreement with the agency privacy policy and the agency terms and conditions.
2. The agency website is provided “as is” and the agency does not accept responsibility for any potential inaccuracies.
3. The agency name, website content and all associated media is the intellectual property of the agency.
4. Information provided by a client or act is the opinion of the client or act and not of the agency.
5. The agency does not allow discrimination of any kind including on the basis of age, ethnicity and relationship orientation.
6. Any act or client engaging in what the agency considers to be abusive language or verbal harassment in their communication with the agency, may have their account closed and be immediately removed from any and all agency services. The agency decision in such matters is final and no notification will be provided.
7. Act and client services are provided by agency at the discretion of the agency. The agency decision in such matters is final.
8. Services to ACE Direct subscriber act members take priority over other act services.
9. ACE Direct special offer subscriptions or coupon codes are only available once per act or client account.
10. Any client or act found to be creating multiple accounts in order to benefit from special offers or coupon codes may result in the act or client being removed from agency services.
11. Any client or act found to be withholding payment to the agency may result in the act or client being removed from agency services.
12. The agency does not permit any act to create a client engagement request without prior written consent from the agency.
13. Any client or act unsubscribing from contact from the agency or making a complaint against the agency in relation to contact from the agency may result in the act or client being removed from the agency.
14. Any client or act which does not check for contact from the agency or does not respond to agency contact in a timely manner may result in the act, or client being removed from the agency.
15. The agency does not guarantee any communication sent to the client or act will be delivered. It is the responsibility of the client and act to ensure they can receive communication from the agency.
16. Any client or act deemed to be deliberately misusing the agency services may result in the client or act being removed from all agency services and any misuse may also result in legal action. The agency decision in such matters is final.
17. The agency reserves the right to refuse services to both client and act without explanation or consent. The agency decision in such matters is final.
18. The agency does not guarantee any act profile will be displayed on the agency website.
19. The agency reserves the right to make the final decision if action or information by the client or act is deemed sufficient for a particular refund and/or payment condition.
20. The agency reserves the right to change or remove services to both client and act without explanation or consent.
21. Agency services are only available to clients over the age of 18. Act members joining the agency under the age of 18 are required to have a responsible adult, parent or guardian over the age of 18 undertake and be responsible for all agency related matters on their behalf. Act members joining the agency under the age of 18 are required to have an responsible adult, parent or guardian over the age of 18 accompany and be responsible for the act at any live music engagement.
22. The act, or representative for the act, confirm they are able to undertake booking related decisions and actions for or on behalf of the act. They also confirm these decisions and actions will not affect any other external agreement or contract and any issues in relation to the decisions and actions taken are the sole liability of the act or representative involved.
23. The act confirms they own the copyright to any media and permit the agency to download, copy, alter, store, embed or use any of the information and media supplied as the agency sees fit and that doing so is in accordance with the terms of any platform used by the act to supply the information and media to the agency.
24. The agency may use an alternative media for an act profile, which is publicly available on a channel published by the act, should the act provide media which does not accurately represent the act or is not suitable for viewing by a client.
25. The agency does not permit act profiles or client engagement requests with content deemed unsuitable by the agency, including the promotion of any external music related business, platform or agency. Any such content may be alternatively displayed or removed by the agency. The agency decision in such matters is final.
26. Client engagement requests can be closed at any time by using the available option. Engagement request closure does not constitute account removal.
27. Act profiles can be closed at any time by using the available option. It is the responsibility of the act to take this action. Profile closure does not constitute account removal.
28. Act or client accounts can be closed at any time by using the available option. It is the responsibility of the act or client to take this action. Account closure does not constitute any applicable right to be forgotten or right to erasure.
29. The current published agency terms and conditions apply in all circumstances and the agency reserves the right to add, alter or delete any term or condition.
30. A client can only enter into partnership with the agency by completing the application and with published agreement issued from the agency.
31. The agency partnership service is provided on an exclusive basis and it is the responsibility of the client to ensure the agency can book engagements without conflict with the client or any client associates.
32. It is the responsibility of the client and act to regularly check this page for updates and amendments to ensure they agree and if not, to contact the agency for removal.
33. These terms and conditions as well as any legal action involving the agency is exclusively subject to the governing law and jurisdiction of England and Wales. Any and all applicable costs incurred by the agency in relation to any legal action will be the financial liability of the client, act or third party involved.
34. A “Force Majeure Event” may apply to the agency, client or act. A “Force Majeure Event” occurs where agency, client or act are unable to comply with its obligations for a reason outside of its control (such as war, fire, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic or pandemic (including COVID-19), accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, unavoidable act of God) and which is not attributable to failure to take preventive action by the agency, client or act. Weather which is typical or monitorable and avoidable is not considered a Force Majeure Event.

Support and Complaints
1. The agency owner, board members, employees and/or associates are not required to publish or share personal information with any client or act unless legally obliged to do so.
2. Telephone contact is not available as it is company policy for all communications to be recorded by way of website live chat, social media or email. This is for the security of the agency, client and act.
3. The agency is not under obligation to read or respond to client or act communication or to assist with client or act complaints. A timeframe is not stated for the agency to respond to any communication.
4. The agency does not guarantee complaints will be resolved to client or act satisfaction. The agency reserves the right to make the final decision regarding any complaint.
5. Any act or client claiming or creating a complaint, may have their account closed and be immediately removed from any and all agency services at the discretion of the agency, in order to prevent any further complaints. The agency decision in such matters is final and no notification will be provided.
6. It is the responsibility of the client or act to ensure any complaint is registered by email notification with the agency. The complaint is not registered until the client or act have received confirmation of receipt from the agency. Should a client or act have a complaint regarding the agency or a third party, the client or act are required to contact the agency with their complaint and permit the agency or a third party the right to respond before any further action is taken by the client or act. The name, email and/or information supplied by the client or act, regarding the complaint, may be shared in order for any involved party to respond. For the duration of a complaint any booked managed type of engagement request to which the client or act are a party is considered cancelled. The client and act do not retain any rights to claim from the agency for loss due to the cancellation.