1. Agreement to These Terms
These Terms of Service form a binding agreement between you and AGDFiddler, LLC in relation to your use of the website at https://www.agdfiddler.mom and the services that the company provides from its music room. By visiting the website, sending an enquiry, booking a session sitting or otherwise engaging the company, you confirm that you have read and understood these terms and that you agree to be bound by them.
If you are acting on behalf of a group, ensemble, business or other organisation, you confirm that you have authority to accept these terms on behalf of that organisation. If you do not have that authority, or if you do not agree with any part of these terms, please do not use the website or the services.
These terms should be read together with the Privacy Policy published on this website. The Privacy Policy explains how personal information is handled, and it forms part of the overall arrangement between you and the company.
2. About the Company
AGDFiddler, LLC is a limited liability company with its business address at 95 W Malvern Ave, South Salt Lake - 84115-3024, United States (US). The company provides computer systems design and related professional, scientific and technical services, and it delivers that work through the six service lines described on the website, all of which are run from the South Salt Lake music room.
The developer name associated with the practice is AGD Fiddler. Enquiries about these terms may be sent to enquiries@agdfiddler.mom or raised by telephone on +18129797183 during business hours. The company responds to written enquiries within a reasonable period.
In these terms, the terms the company, we, us and our refer to AGDFiddler, LLC, and the terms you and your refer to the person or organisation that uses the website or engages the services.
3. Definitions
The following definitions apply throughout these terms. Services means the six fiddle set services and any related work that the company agrees to provide. Website means the pages published at the company domain. Session sitting means a scheduled appointment that gathers the working parts of a program into one engagement. Tune card run means a set of individual cards prepared for the pieces in a program. Set list bay means the organised location in which the programs of a music room are kept.
Client means the person or organisation that engages the company for services. Content means any text, image, recording, note or other material supplied by a client or created by the company in the course of a service. Agreement means the combination of these terms, the Privacy Policy and any written proposal or signed document that relates to a specific engagement.
A reference to writing includes email and any other durable form of communication. A reference to business hours means Monday to Friday from 9:00 to 17:00 and Saturday from 10:00 to 14:00, excluding public holidays.
4. Eligibility and Acceptable Use
The website and the services are intended for adults and for organisations. By using the website you confirm that you are at least the age of majority in your jurisdiction or that you are using the website under the supervision of a parent or guardian who accepts these terms on your behalf.
You agree to use the website and the services only for lawful purposes and in a manner that does not interfere with the rights of others. In particular, you agree not to attempt to gain unauthorised access to the website or to any system connected to it, not to introduce harmful code or material, not to scrape or copy the website in bulk without permission and not to use the services to send unsolicited messages or to misrepresent your identity.
The company may restrict or suspend access where it reasonably believes that a use of the website or the services is unlawful, harmful or inconsistent with these terms. Where practical, the company will explain the reason for the restriction and the steps that may be taken to resolve the matter.
5. Services Provided
The company provides six service lines from its South Salt Lake music room: Set List Bays, Tune Card Runs, Booking Note Desks, Rehearsal Windows, Sound Check Review Rounds and Session Sittings. Each service is described in more detail on the services page of the website. The description on the website is an outline, and the exact scope of a particular engagement is set out in a written proposal or in correspondence between the company and the client.
The company delivers its services with reasonable skill and care and in line with the practices described on the website. The company does not promise a particular artistic, commercial or operational outcome, because the result of a service depends on the room, the group and the decisions that the client makes. The company will explain what it can control and will work in good faith on the parts that depend on others.
Where a service involves physical materials such as printed tune cards, a set list bay or a booking note desk, the company agrees to replace any item that is defective at the time of delivery, provided that the defect is reported within a reasonable period and the item has not been damaged by misuse.
6. Bookings and Session Sittings
A booking is made when the company confirms a session sitting in writing. The confirmation will set out the date, the start and end times, the room lead and the working parts that will be gathered for the sitting. A booking is not secure until confirmation has been sent, and the company is not responsible for a room that has not been confirmed in that way.
The client is responsible for ensuring that the information provided for a booking is accurate, including the names of the people who will attend and any requirements that the room must meet. If the information changes, the client should tell the company as soon as possible so that the booking note desk can be updated and the room can be prepared correctly.
The company may need to adjust a booking where a room becomes unavailable, where a safety concern arises or where an event outside the control of the company affects the schedule. In such a case the company will tell the client as soon as it becomes aware of the issue and will offer an alternative date or a refund of any fee paid for the affected sitting.
7. Fees and Payment
Fees for services are set out in the written proposal that the company provides before an engagement begins. Unless the proposal states otherwise, fees are quoted in United States dollars and are payable within fourteen days of the date of the invoice. The company reserves the right to ask for a deposit before work begins where the engagement is substantial or involves the preparation of significant materials.
The client is responsible for any taxes that apply to the services in the client jurisdiction. Where the company is required to charge a tax, the amount will be shown separately on the invoice. The client should tell the company if a tax exemption applies and should provide the supporting documentation before the invoice is issued.
Where an invoice remains unpaid beyond the agreed period, the company may suspend further work and may charge interest on the outstanding amount at a rate that is reasonable and lawful. The company will send a reminder before taking such a step and will work with the client to agree a payment arrangement where the difficulty is genuine.
8. Client Responsibilities
The client is responsible for providing the information and access that the company needs to deliver a service, and for ensuring that any material supplied to the company is accurate and does not infringe the rights of another person. This includes program details, set lists, tune notes and any permissions that are required to reproduce a work.
The client is also responsible for the conduct of the people who attend a session sitting. The company expects the room to be treated with care, and it asks that any equipment belonging to the music room be used only for its intended purpose. Where damage is caused by a person attending on behalf of the client, the client agrees to meet the reasonable cost of repair or replacement.
If the client becomes aware of a problem with a service, the client should tell the company as soon as possible so that the matter can be addressed. A concern raised early can usually be resolved within the same engagement, and the company would rather hear about a difficulty than discover it after the work has been completed.
9. Cancellations and Rescheduling
A client who needs to cancel or reschedule a confirmed session sitting should give the company as much notice as possible. Where notice is given more than two working days before the sitting, the company will reschedule without charge or refund any fee paid for the affected sitting. Where notice is given within two working days, the company may retain a reasonable portion of the fee to cover preparation that cannot be recovered.
The company may cancel or reschedule a sitting where a room becomes unavailable or where a matter outside its control makes the sitting unsafe or impracticable. In such a case the company will offer an alternative date, and if no suitable date can be found it will refund the fee paid for the affected sitting in full.
A cancellation or rescheduling request should be sent in writing to enquiries@agdfiddler.mom or confirmed by telephone on +18129797183. The date on which the message is received determines the notice period that applies.
10. Intellectual Property
The website and its contents, including the text, the design, the layout, the graphics and the code, are owned by AGDFiddler, LLC or are used under a licence. They are protected by copyright and other intellectual property laws. You may view the website and print a copy of a page for your own reference, but you may not reproduce, distribute, modify or republish the website content for a commercial purpose without written permission.
Material that the company creates as part of a service, such as a set list bay structure, a tune card run or a booking note desk, is prepared for the client who commissioned it. On payment of the relevant fees, the client receives the right to use that material within the client organisation. The company retains the right to use general methods, structures and experience gained during the engagement in future work, provided that no confidential information of the client is disclosed.
Material supplied by the client remains the property of the client. By providing material, the client grants the company a limited licence to use it for the purpose of delivering the service. The client confirms that it has the right to grant that licence.
11. Confidentiality
Each party agrees to keep confidential the information that it receives from the other in the course of an engagement and that is identified as confidential or would reasonably be understood to be confidential. This obligation does not apply to information that is already public, that was known to the receiving party before the engagement or that is required to be disclosed by law.
The company treats client programs, booking notes and session records as confidential. It does not publish the content of a client engagement without written permission. References to a client in promotional material are made only with the client consent, and a client may ask for a reference to be removed at any time.
The obligation of confidentiality continues after an engagement ends. Where a party is required to disclose confidential information by law, it will give the other party notice where lawful and will limit the disclosure to the information that is actually required.
12. Third Party Materials and Links
The website may include links to third party resources and may refer to third party products or services. These are provided for convenience and information. The company does not control the content of an external resource and does not accept responsibility for its availability, accuracy or practices.
Where a service uses a third party component, such as a web hosting service or a payment processor, the use of that component is governed by the terms of the third party as well as by these terms. The company will tell the client about any third party component that is central to a service so that the client can review the relevant terms.
If you believe that content on an external resource reached by a link from this website is inaccurate, unlawful or harmful, please report the matter to the company so that the link can be reviewed.
13. Availability and Changes to Services
The company aims to keep the website available at all times, but it cannot guarantee that the website will be free from interruption. Maintenance, updates and matters outside the control of the company may cause the website to be unavailable for a period. The company will restore the website as soon as it reasonably can and will give notice of planned maintenance where the notice is practical.
The company may change, add to or withdraw a service where this is necessary for the development of the practice or for legal or operational reasons. Where a change affects an engagement that is already in progress, the company will discuss the change with the client and will agree how the engagement should proceed. No change will remove a right that the client has already acquired under a confirmed booking.
The company may update the content of the website from time to time. A description of a service on the website is not a warranty that the service will remain identical for all time, and the written proposal for an engagement is the authoritative description of the work.
14. Disclaimer of Warranties
To the fullest extent permitted by law, the website and the services are provided on an as available basis. The company does not make a warranty that the website will be uninterrupted, that it will be free from errors or that the information on it is complete for every purpose. The company makes every reasonable effort to keep the information accurate, but the website is not a substitute for professional advice tailored to a particular situation.
Nothing in these terms excludes a warranty or a right that cannot lawfully be excluded. Where a law implies a term into the agreement, that term applies to the extent that it cannot be excluded. The company acknowledges that a client consumer may have statutory rights that are not affected by this section.
The company does not warrant that a tune card run, a set list bay or any other material will achieve a particular commercial result. The value of a service is in the practical clarity that it brings to a music room, and the company will work honestly to deliver that clarity.
15. Limitation of Liability
To the fullest extent permitted by law, the company is not liable for indirect, incidental, special or consequential loss, including loss of profit, loss of revenue, loss of data or loss of goodwill, arising from the use of the website or from an engagement, even if the company has been advised of the possibility of such loss.
The total liability of the company for a claim arising from an engagement is limited to the amount of fees paid by the client for the service that gave rise to the claim. Where the claim relates to the use of the website, the total liability of the company is limited to a nominal amount. Nothing in this section limits liability for death or personal injury caused by negligence, for fraud or for any other matter for which liability cannot lawfully be limited.
A party that becomes aware of a claim should notify the other party in writing within a reasonable period so that the matter can be considered while the relevant records are still at hand. The company will not unreasonably refuse a discussion about a concern raised in good faith.
16. Indemnity
You agree to indemnify and hold harmless AGDFiddler, LLC, its members, employees and agents from any claim, loss, liability or expense that arises from your breach of these terms, from your misuse of the website or from material that you supply to the company in breach of the rights of another person.
The company agrees to notify you of a claim that may be subject to this indemnity and to allow you a reasonable opportunity to respond. The company may participate in the defence of a claim at its own expense where it considers participation appropriate, and it will not settle a claim in a way that admits fault on your part without your consent.
This indemnity does not apply to the extent that a claim results from the negligence or wilful misconduct of the company.
17. Suspension and Termination
The company may suspend or terminate access to the website or to a service where a person breaches these terms, where a payment remains overdue after a reminder or where continued work would create a risk to the company, the music room or another person. The company will give notice of the suspension where the circumstances allow, together with a short explanation of the reason.
A client may end an engagement by giving written notice. Where an engagement ends, the client remains responsible for fees for work that has already been performed and for any material that has already been prepared and delivered. The company will provide a final invoice and any materials that the client is entitled to keep under the agreement.
On termination the provisions of these terms that by their nature should survive will continue to apply. These include the provisions on intellectual property, confidentiality, limitation of liability, indemnity and governing law.
18. Governing Law and Disputes
These terms are governed by the laws of the State of Utah in the United States, without regard to conflict of law principles. The parties submit to the jurisdiction of the courts of that state for the resolution of a dispute that cannot be settled by discussion.
Before starting a formal proceeding, the parties agree to attempt to resolve the matter in good faith by written notice of the issue and a reasonable opportunity for discussion. Many concerns can be settled quickly once the relevant facts are on the table, and the company prefers a conversation to a formal step.
If a part of these terms is found to be invalid or unenforceable, that part will be read down to the extent necessary or, if that is not possible, removed, and the remaining parts will continue in full force. The failure of a party to enforce a right on one occasion is not a waiver of that right on a later occasion.
19. Changes to These Terms
The company may update these terms from time to time to reflect a change in its services, in its practices or in the law. The revised terms will be published on this page with an updated effective date. If a change is material, the company will give additional notice before the change takes effect, either through a message on the website or through a direct message to a client with an active engagement.
The continued use of the website or the services after revised terms take effect indicates acceptance of the revision. An engagement that is already in progress at the time of a revision will continue under the terms that applied when the engagement was confirmed, unless the client and the company agree otherwise in writing.
A copy of the current terms may be requested at the contact address. The company keeps a record of the dates on which the terms changed so that a client can ask which version applied to a particular engagement.
20. Contact Information
Questions about these Terms of Service may be sent to AGDFiddler, LLC at the following address, email address or telephone number. The company aims to reply to every question in a clear and timely manner.
AGDFiddler, LLC
95 W Malvern Ave, South Salt Lake - 84115-3024, United States (US)
Email: enquiries@agdfiddler.mom
Phone: +18129797183
These terms are published on the website of AGDFiddler, LLC and take effect on the date shown on this page.