MEMBERSHIP
TERMS &
CONDITIONS

Last updated 02/01/2022

1.These terms and conditions

1.1. What these terms cover. These are the terms and conditions that govern your Ackworth Guitar Setups Membership. Any fees referred to in these terms can be viewed at www.ackworthguitarsetups.co.uk/membership. These are not in replacment, nor do they supercede the Ackworth Guitar Setups Terms & Conditions that cover the work we do with non-members. These Terms & Conditions are in relation to the Ackworth Guitar Setups Membership only.

1.2. Why you should read them. Please read these terms carefully before you submit your membership application to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

2. Information about us and how to contact us

 

2.1. Who we are. We are Berlant Electric Instruments Limited, a company registered in England and Wales. Our company registration number is 12973187 and our registered office is Unit 10, Nortonthorpe Mills, Wakefield Road, Scissett, Huddersfield, West Yorkshire, HD8 9LA. Ackworth Guitar Setups is a trading name of Berlant Electric Instruments Limited.

2.2. How to contact us. You can contact us by writing to us at our registered office, or by filling in the contact form at:

http://www.ackworthguitarsetups.co.uk. Additionally you can email us at info@ackworthguitarsetups.co.uk

2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your membership application form.

2.4. "Writing" includes emails. When we use the words "writing" or "written" in

these terms, this means email.

 

3. Our contract with you

3.1. How we will accept your application. Our acceptance of your application will take place when we write to you to tell you that your membership has been accepted and a final database check has been successfully carried out, at which point a contract will come into existence between you and us (in these terms, we will refer to that date as your "Joining Date"). You will then be entitled to enjoy member privileges, including use of Ackworth Guitar Setups services, subject to the rights and restrictions attaching to the class of membership you applied for. We will issue you with a membership card which will be personal to you and must be presented at the time of booking any instrument in. If you lose, damage or forget your membership card, we will be able to give you a replacement but you will need to pay a reasonable charge.

3.2. If we do not accept your application. If we are unable to accept your application, we will inform you of this and will not charge you. This might be because of lack of availability, because in our reasonable opinion you would not be a suitable candidate for membership,  because you have previously had membership revoked, because you still owe us some money or because we have identified an error in the price or description of the membership you were offered.

3.4. Your membership. Your AGS Membership is personal to you and you cannot let any other person use your membership, or give your membership to any other person unless we agree in writing. If you want to transfer your membership permanently to another person, you should ask us in writing. We will not necessarily agree, but we will consider your request fairly. Any proposed replacement member would need to give us the same types of information you gave us on joining, they would also need to agree to these terms. If we agree that you can transfer your membership to that other person, we will inform you in writing. In this circumstance, you will need to pay a reasonable administrative charge to deal with our costs of transferring your membership.

 

3.5. Membership criteria. We will only accept applications from people who are 16 years old or older.

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4. How long your membership will last

4.1. Your membership will start on your Joining Date. Unless clauses 7 or 8 below apply, the contract between us will last for at least 12 months (referred to in these terms as the "Initial Fixed Term") and you cannot cancel your membership during the Initial Fixed Term. If you do cancel your membership in the Initial Fixed Term you will breach the contract between us. The contract

and your membership will continue after the Initial Fixed Term unless it is ended in accordance with clauses 7 or 8 below.

 

5. Joining fees and membership fees

 

5.1. Membership fees.

 

5.1.1. On your Joining Date you must pay for your membership fees:

(i) by paying in advance for the whole Initial Fixed Term, or

(ii) by paying your membership fees plus in equal instalments monthly in advance spread

across the Initial Fixed Term by direct debit (by completing a direct debit mandate), and/or

(iii) (if available to you) via a Klarna third party payment plan.

 

Information about which payment option applies to you and the amount of your membership fees (and, if applicable, any finance charge) was as specified to you during the membership application process.

 

5.1.2. At the end of your Initial Fixed Term, unless your membership has ended in accordance with clauses 7 or 8 below, it will be renewed for another period the same length as the Initial Fixed Term (the "Subsequent Fixed Term"). The same renewal process will apply at the end of any Subsequent Fixed Term, so there will be consecutive Subsequent Fixed Terms until either you or we end your membership in accordance with clauses 7 or 8 below. We will continue to charge you the membership fee during any Subsequent Fixed Term. The way in which you pay for a Subsequent Fixed Term will not necessarily be the same way you paid for the Initial Fixed Term (or where relevant, any previous Subsequent Fixed Term). We normally expect you to pay in advance for the full membership fees for the Subsequent Fixed Term. We may agree that you can pay your membership fees for a Subsequent Fixed Term, (plus a finance charge), in equal monthly instalments spread across the Subsequent Fixed Term by direct debit. Whether to allow you to pay by direct debit will be our choice for every Subsequent Fixed Term.

5.1.3. Unless you tell us otherwise before the end of the Initial Fixed Term (or where relevant your current Subsequent Fixed Term), if you already pay monthly by direct debit, we will assume that you want this to continue and (if we agree that you can continue to pay in this way) we will continue to collect the direct debit in the same way.

5.1.4. Where you paid in advance on your Joining Date for the whole Initial Fixed Term, we will (unless you tell us otherwise before the end of the Initial Fixed Term) assume that you want to pay in advance for the Subsequent Fixed Term and will charge you again on each anniversary of your Joining Date for your full membership fees for each Subsequent Fixed Term. Unless you

tell us otherwise, we may charge this subsequent payment directly to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of the membership application and payment process, and by accepting these terms you authorised us to do so. We will give you reasonable notice in writing before making such an advance charge for any Subsequent Fixed Term.

5.1.5. Your membership fees will be payable whilst your membership continues regardless of whether or how much you use the AGS Membership.

5.2. Joining Fee. There is a joining fee of £10. The joining fee is non-refundable, even if you decide to cancel your membership.

5.3. We will pass on changes in the rate of VAT. If the rate of VAT changes whilst you are a member, we will adjust the rate of VAT that you pay, and this will result in a change to your membership fees.

 

5.4. When we can change your membership fees. We can increase your membership fees at any time for any reason stated in clauses 9.3 or 9.4 below by giving you at least 30 days' notice in writing. If you do not want to pay the higher membership fee, you can cancel your contract by giving us notice to cancel (in accordance with clause 7.1.3 below) at any time before the increase in membership fees comes into force. If you give us notice to cancel, until that notice of cancellation takes effect, you will continue to be charged the previous membership fees. If you are still in your Initial Fixed Term, any notice of cancellation you give following a proposed increase in membership fees will not take effect until the end of your Initial Fixed Term, and we will honour the previous membership fees until the end of your Initial Fixed Term.

5.5. Repayment of pre-paid fees. If either of us ends your membership during a period in which you have paid membership fees in advance, then we will refund you for the membership fees which relate to any period after the contract has ended. Where you have broken the contract, any repayment may be subject to the deduction of our reasonable expenses or an early termination charge as described in clauses 7.5 and 8.2 below.

5.6. Late payment administration fee. If you pay your membership fees by direct debit and you miss a payment because your direct debit has been cancelled or has failed, we will charge you a fee for each missed direct debit, to cover our reasonable administration costs.

5.7. Price Match Guarentee.

 

5.8. Price match is only available to AGS Membership members. The price match is for any work outside of the options given in the particular membership packages which covers setup work and amp servicing. For example: Refret/ Refinishing/ Rewiring. These repairs are considered outside of the work offered as the value proposition. Anything outside of setup work and amp revalve/service is chargeable. At this point we will offer a price matching option.

 

5.9. Once a price match request has been approved we will offer you a price 10% below the price offered by the competitor. The price match applies to companies inside a 50 mile radius of the members address.

5.10. Price Match excludes purchases of gift vouchers, clothing, strings and other accessories. The price match is only in relation to guitar or amplifier labour repairs only and does not include parts.

5.11. Price Match Plus cannot be used in conjunction with any other additional offers, coupons, discounts or affiliate deals.

Repair work being price matched must have an identical specification, including how the work would be carried out (e.g. – neck repair with splines is not the same as neck repair with glue)

5.12. Price match is only applicable against registered business in the UK, including any UK websites but excluding non-registered repairers, Facebook repair pages, auction sites, market stalls, private sales, liquidation sales, our own stores and websites or any typographical errors.

5.13. This offer is valid for paid up AGS members only.

5.14. Repairs must be in available at competitor business and available for immediate purchase or undertaking.

 We will only match against any advertised competitor selling price which is available to any member of the public, which excludes promotional vouchers and on-line codes

5.15. We must be able to verify the current offer with the competitor.

5.16. Prices being matched must be inclusive of VAT.

5.17. All price match transactions are at the discretion of Berlant Electric Instruments Limited.

5.18. We reserves the right to withdraw the price match at any time.

5.19. Priority Repairs - means that AGS members will be placed in a seperate queuing system to non AGS Membership customers. Timescales remain in line with our general Terms & Conditions and are allocated on a first come first served basis.

5.20. Free small repairs - This is at the discretion of the AGS staff member, AGS members will receive free small repairs. For example: free output jack resoldering, or reconection of loose wiring.

5.21. Free restrings. This is the cost of putting the strings on your instrument, and does not include the price of the strings.

6. Your obligations

6.1. You agree that you will comply with the Terms & Conditions as featured on the Ackworth Guitar Setups website (www.ackworthguitarsetups.co.uk/terms

7. Your rights to end the contract

7.1. Where you have a good reason for ending the contract. You may end the contract between us by giving us not less than 30 days' written notice at any time, such notice to expire on the last day of the following month (including during the Initial Fixed Term or a Subsequent Fixed Term) if:

7.1.1. we tell you that we are making a permanent material change to the AGS Membership under clause 9.1 and you reasonably consider that the change is materially detrimental to you;

7.1.2. we tell you that we are changing these terms under clause 9.2 and you reasonably consider that the change is materially detrimental to you;

7.1.3. subject to clause 5.4 above, we tell you that we are increasing your membership fees under clause 5.4 and you don't want to pay the increased fee;

7.1.4. we commit a serious breach of any provision of these terms;

7.1.5. your financial situation becomes materially worse than it was at your Joining Date, so that continued membership is unaffordable for you (and you are able to provide reasonable evidence of this to us); or 7.1.6. you permanently move away from the area in which the AGS Membership offer is based, such that travelling to Ackworth Guitar Setups is not practical for you, and there is no other alternative service owned by us within a reasonable travelling distance (and you are able to provide reasonable evidence of this to us).

7.2. Where you have another good reason for ending the contract. You may end the contract between us by giving us written notice at any time, such notice to expire on the last day of the month in which you provide such notice (including during the Initial Fixed Term or a Subsequent Fixed Term) if you are likely to be unable to use the AGS Membership, by reason of a serious injury or illness, for a period of at least two months (and you are able to provide reasonable evidence of this to us, such as a doctor's certificate).

7.3. Where you are outside the Initial Fixed Term. You may end the contract between us by giving us not less than 30 days' written notice ending on or after the end of the Initial Fixed Term and expiring at the end of a calendar month. We will refund you for any part of a Subsequent Fixed Term which you have paid for in advance in that situation (but we will be entitled to keep a proportionate amount of the membership fee (plus, where relevant, a proportionate amount of any finance charge) in respect of the part of the Subsequent Fixed Term which came before the contract came to an end).

7.4. Your right to cancel the contract. If you submitted your membership application either online, by email or over the telephone (but not if you joined in store), you can cancel your membership within 14 days of your Joining Date (referred to as the "cooling off period") without giving a reason. If you want to exercise this right to cancel, please let us know in one of the following ways:

7.4.1. Contact form or email. You can fill in the contact form at http://www.ackworthguitarsetups.co.uk

or email us at info@ackworthguitarsetups.co.uk. Please provide your name, home address, and details of your membership.

7.4.2. By post. Use the model cancellation form available at www.ackworthguitarsetups.co.uk/cancel and post it to us at the address on the form or simply write to us as that address, including the information required in the form.

7.5. Effect of cancellation. If you cancel during the cooling off period, we will refund all payments received from you. If you have used the benefits of your AGS Membership during the cooling off period, we will charge you the full cost of any works carried out against the prices stated on the Ackworth Guitar Setups website (for example, if we have conducted a Deluxe Setup on your guitar, we will charge you £80 + part if required). For full pricing, please visit www.ackworthguitarsetups.co.uk/pricelist.

7.6. If you don't have a good reason to end the contract. If you are not ending the contract for one of the reasons set out in clauses 7.1, 7.2 or 7.3 your contract will end 30 days (and to expire at the end of a calendar month) after you give us notice in writing of your intention to end the contract. In that case, we will charge you a termination fee. The termination fee will not be any more than your membership fees for the remainder of your Initial Fixed Term less any costs we save and the benefit to us in receiving payment early. Unless you tell us otherwise, we may charge your termination fee directly to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of your membership application process and by accepting these terms, you authorise us to do so. We will give you reasonable notice before making the charge.

8. Our rights to end the contract

8.1. We may end the contract if you break it. We may end the contract and your membership immediately at any time by giving you notice in writing if:

8.1.1. you commit a serious breach of any provision of these terms

(including in particular the conduct rules set out at clause 6,);

8.1.2. you commit frequent or repeated breaches of these terms,

even if each one may by itself seem minor (including, in particular, the conduct rules set out at clause 6, or breach the Ackworth Guitar Setups Terms & Conditions);

8.1.3. you fail to make a payment due under these terms when it is due, although we will give you seven days to correct this first;

8.1.4. your membership has previously been revoked or we are currently in dispute with you and you have joined the AGS Membership without our prior written consent; or

8.1.5. we reasonably believe that your continued membership of the

AGS Membership poses a risk to the safety or wellbeing of other members, or to the reputation of Ackworth Guitar Setups.

8.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any membership fees you have paid in advance but we may deduct (or charge you additionally) for any reasonable compensation for the net costs we will incur as a result of your breaking the contract. This may include the costs incurred by Ackworth Guitar Setups for instructing a debt collection agency to recover any membership fees that you owe us.

8.3. Where you are outside your Initial Fixed Term. We may end the contract between us by giving you not less than 30 days' written notice.

8.4. We may end the contract if Ackworth Guitar Setups closes. If Ackworth Guitar Setups closes or becomes unusable in circumstances we did not plan or foresee (for example if there is extensive damage to our workshops or the area around it, or closing due to Covid-19 related staffing issues/ Covid 19 lockdowns), we can end the contract immediately by giving you notice. If we decide to close the workshop for business or operational reasons, we can end the contract by giving you at least 30 days' notice in writing.

9. Our right to make changes

9.1. Changes to the Ackworth Guitar Setups services. We may make changes to the Ackworth Guitar Setups facilities and equipment at our discretion from time to time for any of the reasons listed in clauses 9.3 or 9.4. Where that change is material, such as changing the location of the workshop, or permanently ceasing to provide an important services we previously provided (for example guitar re-finishing) we will give you at least 30 days’ written notice of the change. Upgrading works or temporary closures to Ackworth Guitar Setups services or premises does not constitute a material change for the purposes of these terms.

9.2. Changes to these terms. We will not change clauses 5.4, 9 or 10 of these terms. We may make any other changes to these terms at any time for any of the reasons listed in clauses 9.3 or 9.4. We will give you 30 days' written notice of any changes to these terms by posting a notice on our website (https://www.ackworthguitarsetups.co.uk and displaying a notice in the Scissett workshop at Reception.

9.3. Reasons for making changes. We may make changes to the facilities at any workshop or to the terms of the contract, or to the price we charge you, for any of the following reasons:

9.3.1. we may change, remove, or improve or add to our service offering at our discretion as this ensures we respond to customer needs and remain competitive;

9.3.2. the cost to us of providing the facilities or other costs associated with running our business increase (for example, we have to pay third parties more to provide services or goods to us);

9.3.3. to introduce new charges where the cost of running our business increases;

9.3.4. we reorganise the way we structure or run our business;

9.3.5. other valid legal or regulatory reasons; or

9.3.6. we change the terms to make them clearer or easier to understand, to reflect changes in law or to update our contracts from time to time so all our members have the same contract.

9.4. Other reasons for changes. We provide access to the AGS services on an ongoing basis and we cannot foresee what may change in the future. This means we may need to make changes for reasons other than those set out above.

10. Our responsibility for loss or damage suffered by you

10.1. As a member, you indemnify Berlant Electric Instrument Limited against all claims, costs and expenses / legal expenses which we may incur and which arise directly or indirectly from the customers breach of any of their obligations under these terms and conditions. This clause should be read in conjunction with 9.1, 9.2 and 16.1 of the Ackworth Guitar Setups Terms and Conditions at https://www.ackworthguitarsetups.co.uk/terms

10.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.

10.3. We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. How we may use your personal information

11.1. How we will use your personal information. We will use the personal information you provide to us to:

11.1.1. provide the services associated with your membership;

11.1.2. process your payment for such services; and

11.1.3. to inform you about other products or services that we provide, but you may stop receiving these communications at any time by contacting us.

11.2. We may pass your personal information to credit reference agencies. Where we extend credit to you by allowing payment by direct debit or instalment payment plan, we (or our third party payment agent) may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

11.3. We will only give your personal information to other third parties where the law either requires or allows us to do so.

11.4. Privacy Notice. More information about how we use your personal information can be found in our Privacy and Cookies Notice:

https://www.ackworthguitarsetups.co.uk/privacy

11.5 Under the General Data Protection Regulation, you have the right to request a copy of the information that we hold on you or for us to delete it. If you wish to make such a request, please write to us at info@ackworthguitarsetups.co.uk.

12. Other important terms

12.1. We are not responsible for things outside our control. If our performance of our obligations under the contract is affected by an event outside our control we will not be liable to you for this provided we try to work around the issue.

12.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, provided that the other organisation we transfer our rights and obligations to is of broadly equal standing and reputation to us.

12.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to allow you to access the Club, we can still require you to make the payment at a later date.

12.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.