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Terms & Conditions

  1. INTERPRETATION

Definitions:

“ Booking”: The Client’s booking of the Training or Training Package booked through the Company’s offices or on the Website and as set out in the Confirmation Letter or as detailed as part of the online booking process on the Website.

“ Business Day”: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

“ Cancellation Policy”: The Company’s cancellation policy as detailed in the MIST Consumer Refund and Cancellation Policy.

“ Charges”: the charges payable by the Client for the supply of the Training in accordance with clause 5 (Charges and payment).

“ Commencement Date”: has the meaning given in clause 2.2.

“ Company”: Metropolis London Music Limited, registered in England and Wales with company number 07495435, trading as MIST (Metropolis Institute of Sound and Technology). 

“ Conditions”: these terms and conditions as amended from time to time in accordance with clause 11.5.

“ Confirmation”: the communication (usually sent by email unless otherwise requested) from the Company to the Client confirming the details of the Training in regards to, without limitation, description, date, time, venue (where relevant) and duration and including details as to how to join any remote learning session (where relevant).

“ Contract”: the contract between the Company and the Client for the supply of the Training in accordance with these Conditions.

“ Control”: shall be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

“ Client”: the person or business who purchases Training from the Company.

“ Client Default”: has the meaning set out in clause 4.8.

“ Data Protection Legislation”: all applicable data protection legislation in force from time to time in the UK including the Data Protection Act 2018 and the GDPR. 

“ Intellectual Property Rights”: patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“ Personal data”, “processor”, “controller”: has the meanings set out in the Data Protection Legislation.

“ Training”: the Training services, supplied by the Company to the Client in person including any scheduled assessments (” Face to Face Training “) and/or remotely including any form of electronic or online delivery (” Online Training”). 

“ Course Start Date”: the date on which the Training will commence.

“ Training Package”: each training package offered from time to time by the Company which is for more than one Training. 

“ Website”: the Company’s website at www.themist.uk, through which the Booking may be made. 

A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

A reference to writing or written includes email.

 

  1. BASIS OF CONTRACT

2.1 The Booking constitutes an offer by the Client to purchase the Training in accordance with these Conditions.

2.2 The Booking shall be deemed to be accepted by the Company when it has received full payment from the Client at which point and on which date the Contract shall come into existence (“Commencement Date”).

2.3 Any descriptive matter or advertising issued by the Company, and any descriptions or illustrations contained in the Company’s marketing material either online or in print, are issued or published for the sole purpose of giving an indication of the Training described in them. They shall not form part of the Contract or have any contractual force.

2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

  1. SUPPLY OF TRAINING

3.1 The Company shall endeavour to supply the Training to the Client in a manner that could be reasonably expected of a Company providing professional training.

3.2 The Company shall endeavour to provide the Training in accordance with the details set out in the Confirmation Letter. Any dates provided for Training shall be estimates only and time shall not be of the essence for the performance of the Training.

3.3 The Company reserves the right to make amendments relating to the provision or content of the Training at any time in order to ensure due compliance with any applicable law or regulatory requirement or if any such amendment will not materially affect the nature or quality of the Training.

3.4 The Company warrants to the Client that the Training will be provided using reasonable care and skill.

 

  1. CLIENT’S OBLIGATIONS

The Client shall:

4.1 ensure that the terms of the Booking set out in the Confirmation are complete and accurate and shall ensure that the Company is informed of any inaccuracies promptly and in any event within 2 days of receipt of the Confirmation;

4.2 cooperate with the Company in all matters relating to the Training;

4.3 provide the Company with such information as the Company may reasonably require in order to supply the Training, and ensure that such information is complete and accurate in all material respects;

4.4 obtain and maintain all necessary insurances, licences, permissions and consents which may be required for the Training and/or provision of the Training before the date on which the Training is provided;

4.5 comply with all applicable laws, including health and safety laws;

4.6 not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and, without prejudice to the generality of the foregoing, shall not unlawfully discriminate within the meaning and scope of the Equality Act 2010, the Human Rights Act 1998 or any other relevant legislation, or any statutory modification or re-enactment thereof. 

 

4.7 ensure that any remote electronic learning is set up and ready for the allocated time and day of Training and as detailed in the Confirmation;

4.8 If the Company’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (“ Client Default”) without limiting or affecting any other right or remedy available to it, the Company shall have the right to suspend performance of the Training until such time the Client remedies the Client Default.

Cancellation/Suspension/Rescheduling of Training
4.9 The Company reserves the right to exclude or suspend the client’s access to the training where, in the company’s assessment, they are not meeting the standard of conduct the company expects.

4.10 The Company shall apply the conditions contained within the MIST Consumer Refund and Cancellation Policy in respect of any cancellations made by the Client. 

4.11 If the Client is unwell and is unable to attend a booked one-to-one training session, they should call or email the MIST office as soon as possible. A Rescheduling Fee will apply. 

4.12 A maximum of two rescheduled sessions shall be permitted in any one-to-one Training course. Group Training courses will not be rescheduled. 

4.13 The terms and conditions of the published MIST Consumer Refund and Cancellation Policy supersedes the terms of any previous policy and is applicable to all Training.

4.14 As per the MIST Consumer Refund and Cancellation Policy, the Company reserves the right to cancel or reschedule Training from time to time and this right shall be at its absolute discretion. 

  1. CHARGES AND PAYMENT

5.1 The Charges for the Training shall be as agreed with the Company and as stated in the Confirmation and/or as detailed in the online booking process on the Website.

5.2 The Company shall invoice the Client for Charges for the Training at the time of Booking.

5.3 The Client will be required to pay the full amount for the Training or Training Package at the time of Booking (unless otherwise agreed by the Company at its absolute discretion) in order to secure their place on the Training. 

5.4 The cooling-off period will start from the date the first payment is made and for a period of fourteen days. 

5.5 All amounts due from the Client under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding.

  1. INTELLECTUAL PROPERTY RIGHTS & LICENCE TO USE MATERIAL

6.1 All Intellectual Property Rights in or arising out of or in connection with the Training shall be owned by the Company.

6.2 The Client shall not sub-license, assign or otherwise transfer the rights granted in clause 6.1.

6.3 The Client shall comply with the website terms of use conditions in relation to the use of any material on any of the Company’s websites or social media platforms. For the avoidance of doubt, the Client must not use any of the Company’s material in a manner that might reasonably be expected to bring the Company into disrepute. Further, the Client must not modify the paper or digital copies of any materials printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.4 The Company reserves the right to terminate the Client’s right to use any materials supplied to the Client at any time at its absolute discretion.

6.5 The Client grants the Company a fully paid-up, non-exclusive, royalty-free, non-transferable licence to use, copy and modify any materials provided by the Client to the Company in connection with the Client’s engagement in the Training.

  1. DATA PROTECTION
    7.1 Both parties will comply with all applicable requirements of the MIST Fair Processing Notice. 
  2. LIMITATION OF LIABILITY: THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

8.1 Nothing in the Contract shall limit or exclude the Company’s liability for:

  1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation; or
  3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

8.2 Subject to clause 8.1, the Company shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  1. loss of profits;
  2. loss of sales or business;
  3. loss of agreements or contracts;
  4. loss of anticipated savings;
  5. loss of use or corruption of software, data or information;
  6. loss of or damage to goodwill; and
  7. any indirect or consequential loss.

8.3 Subject to clause 8.1, the Company’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to cost of the Training.

8.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract. 

8.5 This clause 8 shall survive termination of the Contract.

  1. TERMINATION

9.1 The Client can terminate the Contract subject to the terms of the MIST Consumer Refund and Cancellation Policy.

9.2 The Company may terminate the Contract with immediate effect by giving written notice to the Client:

  1. if the Client commits a material breach of any term of the Contract;
  2. the Client takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or otherwise suspends or threatens to suspend or ceases to carry on all or substantial part of its business;
  3. the Client fails to pay any amount due under the Contract on the due date for payment; or
  4. there is a change of control of the Client.

9.3 Without affecting any other right or remedy available to it, the Company may suspend the supply of Training under the Contract or any other contract between the Client and the Company if the Client fails to pay any amount due under the Contract on the due date for payment, the Client becomes subject to any of the events listed in clause 9.2, or the Company reasonably believes that the Client is about to become subject to any of them.

  1. CONSEQUENCES OF TERMINATION

10.1 On termination of the Contract for whatever reason, the Client shall immediately pay to the Company any outstanding unpaid invoices and interest or amounts due under the Cancellation Policy.

10.2 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

10.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

  1. GENERAL

Force majeure

11.1 The Company shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

Entire agreement

11.2 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

11.3 Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

11.4 Nothing in this clause shall limit or exclude any liability for fraud.

Variation 

11.5 Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

Waiver 

11.6 A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

Severance 

11.7 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

Notices

11.8 All notices given under this agreement must be in writing either to a valid email address or postal address.

11.9 Notices will be deemed received and properly served 24 hours after an email is sent, or three days after the date of the posting of any letter.

11.10 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. 

Third party rights.

11.11 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

11.12 The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person. 

Governing law & jurisdiction 

11.13 Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation shall be governed by English law and shall be subject to the exclusive jurisdiction of the court of England.

Consumer refund & cancellation policy

Cooling-off period

MIST operates a 14-day cooling-off period for consumer* clients for all its training services, with the exception of those training services which have been made to your specification or personalised. This starts from the day you confirm your acceptance of the course (enrolment). During this period, you can cancel your enrolment for any reason without incurring penalties. 

Consumer clients will be entitled to a full refund in situations where the course has not started. MIST will process the refund promptly and within 14 days of the agreed cancellation. 

Cooling-off period and refunds

Please note the following: 

  • If your course starts within the 14-day cooling-off period, this will be because you  were made aware of the start date, you agreed to enrol and you confirmed your enrolment within 14 days of the course start date. Or, this will be because you were made aware of the start date, you agreed to enrol and you confirmed your enrolment after the course had started. You will still have the right to cancel during the 14-day cooling-off period but a pro-rata charge will apply based on the date of your enrolment for the portion of the course that has been consumed. 
  • If the course is provided in full within the 14-day cooling off period, no refund will be applicable. 
  • Digital content that is downloaded within the 14-day cooling-off period is not subject to cancellation and no refund will be given. 
  • Where you have enrolled on a course that has started, and where the 14-day cooling-off period has expired, no refund will be given.

Cancellation charges

The following cancellation charges shall apply in the case of consumer cancellations made outside of the 14-day cooling-off period: 

  • 16-12 weeks before the course start date: 25% of the course fee
  • 12-8 weeks before the course start date:  50% of the course fee
  •  8-2 weeks before the course start date: 75% of the course fee
  • Less than 14 days before the course start date: 100% of the course fee 

Cancellation of the course

MIST reserves the right to cancel or change the date of a course or the date of one or more of its modular components. MIST may have to cancel or make changes to the date of a course or the date of one or more of its modular components, for example, due to an Event Outside Our Control or due to the unavailability of key personnel or key materials, without which we cannot provide the course. (These examples are not exhaustive.) If MIST cancels or makes changes to the date of a course or the date of one or more of its modular components, we will contact you promptly to inform you of this. 

Where a course is cancelled, MIST may offer you an alternative course date. 

Where MIST cancels the course and you have made a payment in advance for a course that has not been provided to you, we will refund these amounts to you. 

MIST reserves the right to make amendments relating to the provision or content of the training course at any time in order to ensure due compliance with any applicable law or regulatory requirement, or if any such amendment will not materially affect the nature or quality of the training. 

Non-attendance on the course

No refunds are payable for non-attendance of any part of the course. 

Transfers

Transfer of enrolment from one course to another may not be possible. Transfer of enrolment from courses that have already started will not be considered. Transfer of enrolment from one course to another will only be considered in exceptional circumstances and then only at the discretion of the Course Director or their designee. All decisions are final. Clients should enquire in writing at the earliest opportunity by sending an email to hello@themist.uk 

How to cancel

To cancel a consumer contract, please inform us in writing by sending an email to hello@themist.uk  You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.

Refunds will be made using the same means the consumer client used to pay for the course, e.g. a refund will be made to the credit card or debit card that was used to pay. 

*In this policy, “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. 

Complaints policy

MIST is committed to the delivery of high-quality training courses. We value feedback and take complaints seriously. We aim to resolve any issues promptly, fairly and efficiently. This policy outlines our procedures for handling consumer complaints. 

Who does this policy apply to? 

This policy applies to all clients or potential clients who are dissatisfied with an aspect(s) of our service and/or training courses, including data handling and the provision of information. 

Complaints procedure

We will employ the following procedure when handling complaints.

  1. Acknowledgment of Complaints
    • We will acknowledge receipt of a complaint within 5 business days. A business day is typically between Monday and Friday, excluding bank holidays and periods where the company business is closed, e.g. over Christmas. 
  2. Investigation of Complaints
    • We will conduct a thorough investigation of the complaint, involving relevant departments and personnel as necessary. 
    • Additional information may be requested from the complainant to facilitate the investigation.
  3. Resolution Timeframe
    • We aim to resolve all complaints within 21 business days from the date of acknowledgment.
    • If a complaint requires more time to resolve, we will inform the complainant of the reasons for the delay and provide an expected resolution date.
  4. Communication of Outcome
    • The outcome of the investigation will be communicated to the complainant in writing.
    • If the complaint is upheld, we will provide details of the remedy where applicable. 
    • If the complaint is not upheld, we will explain the reasons for our decision.
  5. Escalation Process
    • If the complainant is not satisfied with the outcome, they may request a review by a senior manager. The senior manager may appoint a suitable designee.
    • We will inform the complainant of the decision of the senior manager or their designee within 10 business days of the escalation request. 
    • The decision of the senior manager or their designee will be final. 
  6. Data Protection
    • We will handle all personal data collected in the course of handling complaints in accordance with the Data Protection Act 2018 and GDPR.
    • Personal data will be used solely for the purpose of addressing the complaint and will be retained only for as long as necessary to resolve the issue. 

Submission of complaints

Complaints can be submitted by email or by post.

By Email: hello@themist.uk 

By post: 

Complaints
MIST (Metropolis London Music Ltd)
The Power House
70 Chiswick High Road
London W4 1SY