Terms of Service of PRAGSANS MUSICAL INC.

1. Acceptance of These Terms

By using this website, by submitting a booking enquiry, by entering a rehearsal agreement or by engaging any of the coordination services of PRAGSANS MUSICAL INC., you confirm that you have read, understood and agreed to be bound by these terms. If you do not agree with any part of these terms, you should not use the services described on this website.

Where you use the services on behalf of an organisation, such as a school, a church, a production company or an ensemble, you promise that you have authority to bind that organisation to these terms. In that situation the words you and your refer to both the individual representative and the organisation that the representative serves.

These terms apply to the public website and to the coordination and technical systems that PRAGSANS MUSICAL INC. operates. A separate written contract may control specific engagements. Where a separate contract exists, the parts of that contract take priority over these terms if the two documents conflict.

2. Who We Are

PRAGSANS MUSICAL INC. is a company incorporated in the United States of America and organised under the laws of the State of Utah. The company trades under the full name PRAGSANS MUSICAL INC. and its operating offices are located at 2743 W Harker View Ln, Taylorsville - 84129-5563, United States (US).

The company operates in the computer systems design and integrated systems sector, and in the wider professional, scientific and technical services that support musical production. Practical work includes the coordination of rehearsals, the planning of sound and stage, the management of sheet music libraries, backline handling, event booking and the production of recorded sessions.

The technical platform behind these services was designed and built by the development team led by Pragsans. That team acts under the direction of the company and provides the engineering services that the platform relies upon. References to the company in these terms include the personnel and approved suppliers acting on the company instruction.

3. Definitions and Interpretations

In these terms the following words carry the meanings assigned to them in this section. The service means the range of coordination, scheduling, planning, backline, booking and recording production offered under the PRAGSANS MUSICAL INC. name. The website means the pages that present these terms together with related project material.

The services refer to the individual tasks performed for a client, which may include a rehearsal schedule, a stage plan, a part library arrangement, a backline inventory or a recording session. A booking means a reservation for a defined time slot or event that the company has agreed in writing or through an accepted invoice.

The client means the person or organisation that requests or pays for a service. Personal information carries the same meaning as it has under the Privacy Policy. A business day means a day on which banks are open in the State of Utah, other than a Saturday, a Sunday or a public holiday.

Headings in these terms are for convenience only and do not affect the meaning of any clause. Words in the singular include the plural and the reverse, and references to a person include individuals, companies and other legal bodies.

4. The Services We Provide

The company offers a coordinated set of services that help ensembles and event producers move a program from the printed page to the performed or recorded result. The scheduling service fixes rehearsal windows that respect the players, their sections and the venue. The stage and sound service produces a plot that lets a house crew set the room correctly before anyone walks the floor.

Library and parts management keeps arrangements catalogued so that every part set is complete and legible. Backline coordination arranges the instruments, amplifiers, stands and spares that a stage needs under its own roof. Booking and rider handling carries the full technical and hospitality terms of an event from enquiry to the final reconciliation.

Recording session production runs the administrative side of studio work so that an engineer and the players stay focused on the music. The precise scope of work for a given engagement is defined in the written proposal or booking confirmation that the company issues before the work begins.

The company does not supply the ensemble. It does not direct the artistic performance of a group and it does not stand in for the conductors, directors or engineers that produce a given program. Its role is to provide the coordination and production infrastructure around the artists.

5. Eligibility and Your Account

You may use the public website without opening an account. When you request certain coordination or booking services, the company may ask you to establish a simple account so that the project has a reliable home for its schedules and records.

You confirm that the details you give when you open an account are true, complete and current, and that you will keep them that way. Where the company issues you a password, you are responsible for keeping it secret and for every activity that happens under it. Report a suspected loss of access without delay.

You must be old enough to enter a binding agreement in your jurisdiction to accept these terms on your own behalf. If you are not, you should ask a parent or a guardian to review the terms with you. The company will not provide adult contractual services to a minor without verified adult involvement.

6. Bookings and Reservation Requests

A booking begins with a request. You tell the company what date, what venue and what kind of session you need, and the company responds with availability and a proposal. A request does not become a confirmed booking until the company either issues a written confirmation or accepts your payment.

The company will hold an offered time slot for a stated period so that your planning can keep pace with the players. If the slot is not confirmed or released within that period, the company may offer it to another client, because a stale slot is a lost rehearsal for a waiting group.

Detailed riders, stage drawings and musician counts should accompany the request wherever possible so that the quote reflects reality. A material change after confirmation, such as a much larger count or a different venue, will be managed through a revised schedule and, where appropriate, a revised charge.

7. Fees and Payment

Each proposal sets out the fee for the agreed work together with any external charges that will be passed through, such as venue hire, licensing or specialised labour. Quotes are given in United States dollars unless the proposal says otherwise. Fees do not include taxes except where the proposal states that a tax is included.

Payment terms will be stated in the proposal or the confirmation. Many engagements begin with a deposit that reserves the date and secures the planning work. The balance is normally due before the event or on the invoice terms shown. Unpaid balances may prevent the company from holding further dates until the account is settled.

The company accepts payment by the methods noted on the invoice or the confirmation. Where a third party processes a payment, the client deals with that processor for the mechanics of the transfer, while the underlying service obligation remains with the company.

Unless a specific maintenance or subscription agreement exists, our services are arranged project by project and are not sold as open ended monthly subscriptions.

8. Cancellations and Rescheduling

Production planning commits rooms, floors and people in advance, so the cancellation policy reflects the real cost of a released slot that cannot easily be refilled at short notice.

A cancellation that reaches the company with generous notice may be entitled to a return of the booking fee less any work already completed and less reasonable external charges already committed on your behalf. A cancellation close to the scheduled date will normally retain the deposit, because by then the stage, the crew and the planning hours have been set aside for you.

Rescheduling to a comparable open slot is usually treated more favourably than a straight cancellation, because moving the date preserves the value of the planning already done. The company will make a reasonable effort to find an open window. Any difference between the fee for the old date and the fee for the new date will be reconciled honestly.

9. Your Responsibilities

You agree to provide accurate information when you book and during a project, to advise the company promptly of changes, and to provide the access that the agreed scope needs, such as a trustworthy contact at the venue or a confirmed list of the players.

You are responsible for securing any rights that belong to the music itself. When a program uses copyrighted arrangements, you are expected to hold the relevant performance or reproduction rights and to be able to show those rights if a publisher asks. The company coordinates the parts but does not supply the underlying rights for music it does not own.

You will make sure that the people in your care arrive at the agreed times, bring the instruments and parts they are responsible for, and follow the health and safety instructions that a venue or a studio sets. In a shared booking you will respect the other ensembles that may use the same floor in an adjoining window.

10. Acceptable Use of the Services

You agree to use the website and the coordination systems lawfully and in a way that respects other users and the company staff. You will not attempt to gain access to accounts that do not belong to you, to probe the security of the platform, or to interfere with the operation of the service for other clients.

You will not upload content that is unlawful, defamatory, obscene or infringing, and you will not use the service to harass or mislead anyone. You will not try to introduce malicious code, to run automated tools that overwhelm the platform, or to repurpose the company systems without written permission.

The company may restrict access to any user who breaches this clause. A serious breach may also result in termination of the account and cancellation of outstanding bookings under the termination clause of these terms.

11. Intellectual Property Rights

The visual design of this website, the graphics, the branding, the technical architecture of the platform and the software that runs it belong to PRAGSANS MUSICAL INC. or to its licensors. They are protected by copyright, trade mark and related rights under the law of the United States and of other jurisdictions.

The company grants you a limited, revocable, non exclusive permission to view and use the website for the purpose of evaluating and arranging its services. This permission does not give you the right to copy large parts of the site, to frame the site inside another service, or to build a competing product from its components.

Artistic results that come from a client program, such as a finished recording master owned by the client, remain the property of the client under whatever additional agreement governs the session. The coordination tools and documentation that the company builds remain the property of the company, licensed to the client for the duration of the engagement and no longer.

12. Content That You Provide

When you give the company schedules, stage notes, part lists, programme copy or other material for a project, you keep the ownership of that material and grant the company the limited right to use it to perform the agreed service. That right ends when the engagement ends, except for any part of the record that law requires the company to keep.

You promise that material you provide does not infringe the rights of a third party and that you are entitled to hand it to the company for the purpose agreed. You remain responsible for the accuracy of the artistic and operational facts that your material contains.

The company will not publish your material without your permission. Its internal team and the suppliers it uses to perform the work may see your material only to the extent needed to deliver the agreed result.

13. Confidentiality Undertakings

Both sides will treat the sensitive material of the other as confidential. Confidential information includes financial terms of a booking, unreleased programme material, private rider details and technical drawings that are not intended for the public.

Each side will use the confidential information of the other only for the purpose of performing or receiving the services, and will disclose it only to the people who need it for that purpose. This obligation survives the end of the engagement for a reasonable period.

The obligation does not apply to information that is already public through no fault of the receiving side, that was independently developed, that is lawfully received from a third party, or that must be disclosed to satisfy a court or a regulator. The company will always prefer to challenge an overbroad demand before it releases your confidential material.

14. Availability and Support

The company aims to keep the public website available and the coordination systems responsive during the working periods that clients rely upon. Routine maintenance, a hosting fault or an external network problem may interrupt the service from time to time.

The company does not guarantee that the service will be available without interruption or free from all error. Where an outage affects a time critical session, the company will work to restore service promptly and to reschedule the affected activity in good faith.

Support is provided through the contact methods shown on this website, principally email at ask@pragsans.lat and telephone at +18065314506, during normal working hours in Taylorsville. Urgent matters receive a defined escalation path that the team explains at the start of a project.

15. Warranty Disclaimer

To the fullest extent permitted by law, the services are provided on an as is and as available basis. The company does not warrant that the service will meet every expectation of every production, that it will be free from every fault, or that the results you achieve will be exactly what a particular program requires.

The company warrants that it will perform the agreed coordination work using reasonable skill and care and that the people it assigns are able to do the work asked. Those represent the core promises of the agreement; the legal disclaimers in this section do not remove that duty of reasonable care.

Where the law of a particular jurisdiction does not allow some limitation in this section, the clause is interpreted to apply only to the extent that the law permits. Nothing in these terms excludes liability that cannot lawfully be excluded.

16. Limitation of Liability

Neither party will be liable to the other for indirect, incidental, special or consequential loss, or for loss of profit, loss of revenue, loss of reputation or loss of data, arising out of the agreement, even if the party was told the loss was possible.

The total liability of the company for all claims made under an agreement, whether in contract, in negligence or otherwise, will not exceed the fees actually paid or payable to the company for the specific engagement that gives rise to the claim. This cap keeps the exposure tied to the value of the work rather than to an unmeasured distant harm.

The limitation in this clause does not apply to liability that cannot be limited by law, nor to the consequences of a party misconduct that is wilful or fraudulent, nor to a party duty to indemnify under the next clause in the circumstances that clause describes.

17. Indemnity Obligations

You agree to indemnify and hold harmless the company, its officers, employees, agents and the Pragsans development team from claims, losses, costs and expenses that arise because of a breach of these terms by you, a misuse of the service by a person you have let use it, or content of yours that infringes the rights of another person.

This indemnity covers reasonable legal costs as well as the direct damages. It does not reach claims that arise from a fault of the company or from material supplied by another client. If a claim is made that could attract this indemnity, the client will cooperate honestly with the company in its defence.

Where a client program presents an actual risk of injury, such as a heavy stage element or a live electrical installation, the client is responsible for the supervision and insurance arrangements for the works it controls at the venue.

18. Third Party Services and Suppliers

The service may depend on, or link to, the work of independent companies such as hosting providers, payment processors, venue operators and specialist technicians. The company selects these suppliers with care but does not control their daily operations.

Where the company arranges a supplier on your behalf, it will describe the arrangement in the proposal and will pass on any externally committed charges transparently. Where the supplier engages you directly, your relationship with that supplier is governed by its own terms.

The company does not promise that every third party service will be available indefinitely. If a supplier discontinues or changes an element that we rely upon, the company will look for an equivalent replacement and will let you know how that affects your project.

19. Data and Intellectual Use

The handling of personal information under the services is described fully in the Privacy Policy, which forms part of the agreement between you and the company. By using the services you agree to the processing described in that policy.

The technical platform collects limited usage records to remain stable and to improve. Where those records concern a named person they are governed by the Privacy Policy; where they have been made anonymous they may be used for general improvement without further consent.

Should a court or a regulator ever order the company to produce a client record, the company will tell the client as early as the law allows so that the client can protect its own position.

20. Termination and Suspension

A client may end an arrangement at any time by giving the company written notice, subject to the cancellation and payment consequences set out earlier in these terms for the work already booked.

The company may suspend or terminate a client access or a booking if the client seriously breaches these terms, fails to pay an undisputed amount after a reasonable demand, or acts in a way that endangers staff or other clients. The company will give reasonable notice of the decision where circumstances allow.

On termination, both sides will settle outstanding fees for work fairly completed, return the confidential material of the other that remains in their hands, and stop using the other side marks. Clauses that are intended to survive, including the confidentiality, limitation, indemnity and governing law clauses, continue to apply.

21. Force Majeure

Neither party will be liable for a failure to perform its obligations if the failure is caused by an event beyond its reasonable control. These events include severe weather, natural disaster, epidemic, power failure, network interruption, labour dispute or a lawful order of a public authority.

The affected party will tell the other without delay about the event and its expected duration, and will make reasonable efforts to reduce the impact. Where the event means that a booked session can no longer be usefully held, the parties will agree on a new date or a fair resolution of any committed fees.

This clause does not excuse a payment obligation that was already due before the event arose, because money that is owed does not stop being owed simply because a later event interrupts unrelated work.

22. Governing Law and Jurisdiction

These terms are governed by the laws of the State of Utah and the federal laws of the United States, without regard to conflict of law principles that would point elsewhere. The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Utah for any dispute arising from these terms.

If you access the services from a place outside the United States, you do so on your own initiative and you are responsible for complying with the local law that applies to your use, as far as it is not displaced by the governing law clause.

Before a dispute goes to court, the parties will make a genuine effort to resolve it through good faith discussion. Where a disagreement refers to booked services, settlement through the company may be reached by writing to the address given below.

23. Entire Agreement and Waiver

These terms, together with the Privacy Policy and any separate written proposal, form the whole agreement between you and the company about the use of the services. They replace any earlier course of dealing or communication that covered the same ground.

If a court finds that any part of these terms is unenforceable, the remainder stays in force and the unenforceable part is treated as removed to the smallest extent needed. A failure by either party to insist on a right does not act as a waiver of that right for the future.

These terms may only be varied by a written document signed by both sides. A verbal promise to change a fee or a booking is not binding, because the records of a working hall must stay exact.

24. Changes to These Terms

The company may update these terms from time to time to reflect changes in the services, in the law or in operating practice. The date at the top of this page shows the current effective version.

For a change that affects an existing account or booking materially, the company will give reasonable notice before the new version takes effect for that client. For public use of the website, continued use after the new version is published counts as acceptance of the new terms.

If you do not agree with a revised version, you may stop using the services and close any open booking under the termination clause. You will not, however, escape the obligation to settle fees for any work that was already completed under an earlier version.

25. Contact Us

Questions about these terms or about a particular engagement should be directed to PRAGSANS MUSICAL INC. at the address below. The company will answer routine questions promptly and will treat genuine concerns seriously.

PRAGSANS MUSICAL INC.
2743 W Harker View Ln, Taylorsville - 84129-5563, United States (US).

Contact email address: ask@pragsans.lat

Contact telephone number: +18065314506

The technical platform described in these terms was designed and developed for the company by the developer Pragsans. Any engineering or data related question about how these terms are applied in the platform can be raised through the contact details above for the attention of the development team.

Nothing in these terms gives a visitor or a client any separate claim against Pragsans in a personal capacity. All obligations, warranties and services run to and from the company.