Terms & Conditions

(1) Definitions

In these terms and conditions, ‘we’ and ‘us’ mean: Out of the Ark Limited, Units F1 & F2, Kingsway Business Park, Oldfield Road, Hampton, Middx, TW12 2HD, UK, a company registered in England. Out of the Ark Limited is part of Out of the Ark Group Limited.

Out of the Ark Limited trades as Out of the Ark Music; Out of the Ark; outoftheark.com; Sparkyard; sparkyard.com; Words on Screen™; S!ngchronize™; and Singchronize®. ‘You’ means the person or organisation that purchases or receives goods, downloads, licences or services from us.

 

(2) General Terms & Conditions of Purchase

• These terms and conditions apply to all agreements for the sale and or for the supply of goods, downloads, licences or services to you to the exclusion of any other terms and conditions specified by you in your purchase order or any other document. The goods, downloads, licences or services you purchase or otherwise obtain from us from us may also be subject to additional terms and conditions issued by us or displayed on our website. The specific terms and conditions relating to our licences are provided with the licence and on our website. Notwithstanding the foregoing, there are separate terms that govern the Sparkyard service that you will be required to accept before accessing that service. Please refer to https://www.sparkyard.com/terms-and-conditions.
• All prices quoted in sales or marketing materials including our website are subject to change and prices quoted in any conversations with our staff are subject to confirmation in writing. Prices are generally quoted inclusive of VAT if applicable, with the breakdown of the VAT element being shown on the invoice.
• Payment is required when placing the order, except for orders placed by UK Primary Schools and LEA Nursery Schools, where for certain purchases we can issue an invoice payable in full within 14 days of the date of the invoice.
• We reserve the right to charge interest on any invoices which remain unpaid beyond the due date at the rate of 3% per annum over Barclays Bank PLC base rate from time to time, from the due date until the date of payment in full
• Goods will normally be delivered by mail or courier to the address given with the order. Delivery dates, if given, are given in good faith as an indication of the estimated delivery time and are not a contractual obligation to deliver goods or to perform services at the time stated. Delivery times cannot be guaranteed.
• The ownership of any goods, or the rights imparted by any licence, shall not pass to you until we have received full payment (including VAT where applicable) except where the goods are explicitly supplied free of charge. Risk in any goods passes to you on delivery.
• You are responsible for the payment of any carriage charges as included on the invoice.
• For international orders, we recommend that you only purchase digital products (e.g. Words on Screen eSongbooks) as these are available in your online account immediately after purchase. Physical product deliveries overseas can be subject to delays, confiscation, import duties, VAT or handling fees imposed by local customs authorities, and Out of the Ark cannot be held responsible for these or any additional charges imposed. You must pay for any additional charges directly to the appropriate authority. If orders are not received, we will attempt to send a replacement order by the shipping method you requested in your order. If you wish us to send your replacement order by secure courier, you will be required to pay the carriage costs. Any request for a replacement order must be made within 3 months of your original order. A redelivery of physical products will only be attempted once, after which you will be offered either a digital alternative or a refund.
• Our failure at any time or for any period to enforce any one or more of these terms and conditions shall not be a waiver of them or a waiver of our right to enforce such terms and conditions in the future.
• Each of the above terms and conditions shall be read and construed independently of each other so that if one or more is held to be invalid for any reason whatsoever, then the remaining terms and conditions shall continue to be valid.
• No amendment to or verification of these terms and conditions shall be effective unless confirmed by one of our authorised representatives in writing.
• These terms and conditions are governed by English Law and we and you submit to the exclusive jurisdiction of the English courts.

 

(3) Returns Policy

We want you to be delighted every time you purchase from us. Occasionally though, we know you may need to return items. If you want to return items to us for any reason, please contact our Customer Service department in the first instance, who will be able to talk you through our returns policy. For online (non-physical) products including song downloads, Words on Screen™ eSongbooks or Instant Access PDFs & MP3s, please see Sections 7 & 8 below.

• Please ensure that you check your goods are correct, complete, undamaged and in full working order on receipt – do not wait until you are ready to use them.
• Under the United Kingdom’s Consumer Contracts Regulations, you have the right to cancel the contract for the purchase of items within a period of 14 working days, beginning with the day after the day on which the item is delivered. However, we regret that for copyright reasons we cannot accept cancellations of contracts for the purchase of video, DVD, audio CD, CD ROM and other software products where the item is unsealed, nor for software products delivered online or by other electronic means.
• If you wish to cancel your purchase contract with us and return your items, please contact our Customer Service team. We will then confirm whether you are able to return your items.
• If we agree to a return, we will refund the value of the product returned, but will not normally refund the original postage charge, unless the items were faulty, damaged, incorrect, or fall within Consumer Contracts Regulations.
• Unless we delivered the item to you in error or the item is faulty, you will need to pay the delivery charge for returning the goods to us. Please ensure that they are well packaged in order that we receive them in the condition in which they were received, as we reserve the right to offer only a partial refund on items that are returned damaged or soiled. We recommend that you use a recorded delivery service or obtain a certificate of posting, as we can only give refunds for goods we actually receive. If we do not receive the item back from you, we may arrange for collection of the item from you at your cost.
• If you receive a product that is damaged or not working, please notify us immediately by email or phone. We will send you a replacement product free of charge, along with a pre-paid returns label to return the damaged product to us so that we can investigate the reasons for the damage or inoperability.
• If you receive an incorrect product from us as a result of our error, please notify us immediately by email or phone. We will send you the correct product free of further charge.

 

(4) Payment Options

Payments made at the time of ordering can be made by debit or credit card securely on our website or by telephoning our Customer Service department. Where an invoice or pro-forma invoice has been issued, or you are sending payment with order, we accept payments by:

BACS - Send payment to: Account Number 00044040, Sort Code 20-90-56, using your Customer Code and/or Invoice Number as the reference. For international payments, you can pay via credit or debit card, as well as BACS transfers: IBAN - GB98 BUKB 2090 5600 0440 40; SWIFTBIC - BUKBGB22.

Cheques - Denominated in Pounds Sterling ONLY made payable to ‘Out of the Ark Music’ and sent to: Out of the Ark Music, Units F1 & F2 Kingsway Business Park, Oldfield Road, Hampton, Middlesex, TW12 2HD, UK. Please quote your Customer Code and/or Invoice Number on the back of the cheque.

If you are based in the European Union (EU) VAT area, and have an EU VAT number for VAT exemption, please submit it to us for approval using the EU VAT Status page in ‘My Account’. Having submitted an EU VAT number, please wait until you receive an e-mail from us confirming that it has been approved, before placing your order.

 

(5) Photocopying, Projecting & Reproduction

You are free to use all of the material - including songs and scripts - in the classroom for teaching purposes.

Photocopying of the published material is permitted under schools’ copying licences issued by PMLL, CLA and CCLI.

UK state schools should report when requested any:

- Photocopying, printing, displaying or projecting of the lyrics and music on their Schools Printed Music Licence (SPML) returns

- Reproduction of any non-music material (scripts, teachers’ notes, staging instructions, etc) on their Copyright Licensing Agency (CLA) returns

Schools that do not have a CLA or SPML licence may under the terms of an Out of the Ark Music Annual Performance Licence or Annual Digital Site Licence:

• Make up to 2 photocopies or printed copies of the script for learning purposes. Copies must be destroyed after the performance.
• Make up to 2 photocopies or printed copies of the music score for use by participating musicians on the performance dates.
• Reproduce the song lyrics on printed paper, e.g. for programmes; to project the lyrics or to display the lyrics electronically; and to display the lyrics on a touchscreen, interactive whiteboard or other type of screen. The following credit should be included with the lyrics: ‘Reproduced by kind permission © Out of the Ark Ltd’.

Important:If the songs on their own are used in a school assembly, then photocopying, printing, displaying or projecting the lyrics or music score are covered by the school’s Christian Copyright Licensing Inc. (CCLI) licences and should be logged and reported as required by CCLI.

 

(6) Performances and Adaptations

• If you are using our music for classroom teaching or for school assemblies where members of the public are not present you do not need to obtain a performance licence from us. Please note that schools should log the use of our songs for assemblies as required by their CWCL and CWMRL licences issued by CCLI, and for the classroom and elsewhere as required by their SPML licence issued by PMLL.
• A performance licence is required by law for the performance of any work involving drama, movement or spoken dialogue (e.g. a musical or a nativity). For convenience we issue affordable performance licences. Annual Performance Licences can be purchased individually or as part of a musical or nativity product pack (which works out cheaper). Please note that a PRS licence does not cover the performance of musicals or nativities. To purchase an Annual Performance Licence go to the relevant product page or visit the Buy Licences page.
• Performances of songs (other than when performing musicals) to an audience other than pupils and staff (e.g. concerts or class assemblies) are covered by the school’s PRS licence. If you do not have a PRS licence we can issue you with our own affordable licence.
• Scripts of our musicals and nativities can easily be adapted to suit your particular requirements - you do not need to obtain permission from Out of the Ark Music to make minor changes to the scripts. However song lyrics must not be changed without our written permission.

Further information regarding Reproduction, Performance and Licensing can be obtained from the Copyright & Licences section of our website.

 

(7) Additional Terms & Conditions For The Purchase & Supply Of Software, The Purchase or Rental of Words on Screen™ Downloadable or Streamable Songs, and Out of the Ark CD ROM Products

These additional terms and conditions can be found in our full Player terms here.

These additional terms and conditions form part of these overall Terms and Conditions.

 

(8) Other Digital Downloads including Instant Access PDF & MP3 Packs

• Other digital products purchased and downloaded from our website cannot be cancelled or refunded once downloading has commenced, so please be careful to choose the correct product. Our download services commence immediately when you click on the link to download a product from our site and you will not have the right to cancel your contract once the services commence. By commencing the download service, you are agreeing that your cancellation period has ended. If you have received an unacceptably poor download, you must tell us as soon as possible by emailing support@outoftheark.com.
• When purchasing Instant Access PDF & MP3 packs, no refund can be made for the associated product package purchased with the digital download. If elements of the product package are damaged or inoperable on receipt, they will be replaced free of charge.
• The MP3 song files and PDF songbooks may be placed on a school network and shared for educational purposes with pupils and staff within a single establishment. However, the MP3 song files and PDF songbooks may not be placed on a parent portal or internet that is accessible beyond the single establishment and may not be shared with any other school or group. Sharing song files beyond your school network could constitute illegal file sharing and be a breach of copyright law.
• All other licence requirements relating to the use, reproduction or performance of our products remain the same. You are still required to log the reproduction of our songs on your CCLI and PMLL reports, and obtain licences for public performances. Please see the Copyright & Licences page of our website.

 

(9) Data Protection

Your trust is important to us and we at Out of the Ark Music take your privacy very seriously. We treat information provided by you with the utmost care and take appropriate steps to protect your data. Please see our Privacy Policy for more details.

 

(10) Scope of This Agreement

This agreement, which includes the links to additional relevant Terms and Conditions as noted above, is the entire agreement between Out of the Ark and you relating to the goods, downloads, licences or services and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the goods, downloads, licences or services.

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms.

Out of the Ark Music
Kingsway Business Park, Oldfield Road,
Hampton, Middlesex TW12 2HD

Out of the Ark Ltd. Registered Office: 62 The Street, Rustington, West Sussex, BN16 3NR, UK
(please do not mail to this address).
Registered in England Company Number 04399498.