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SBA Digital Subscription Terms and Conditions

  1. For the Term SBA agrees to provide the Subscription service and the Subscriber agrees to pay SBA the Monthly Subscription Rate in advance. The Subscriber may only terminate this agreement by giving 3 month’s written notice and satisfying the requirements of clause 7. SBA may terminate this agreement at any time.
  2. The Subscriber acknowledges and agrees that The SBA Digital Files supplied pursuant to this agreement are only permitted to be used at a single business address of the Subscriber for public performance. The Subscriber agrees not to duplicate, copy, modify or otherwise or deal with any SBA Digital Files or allow anyone else to do so except for the purpose of transferring them to the music playing application at their business address
  3. The Subscriber agrees not to provide the SBA Digital Files to any third party.
  4. At all times the SBA Digital Files supplied to the Subscriber under this agreement will be at the risk of the     Subscriber and the Subscriber agrees not to make any claim against SBA for any loss suffered as a             result of failure or computer viruses.
  5. The Subscriber will indemnify SBA from and against any loss or damage it suffers as a result of the Subscriber breaching this agreement and against all claims, actions, suits demands, costs and expenses in any way arising out of the use of the SBA Digital Files at any time, whether caused by the negligence or otherwise of the Subscriber or any other person.
  6. Whilst SBA QC’s and rates all content on SBA Digital Files some content available on the SBA Digital Files may contain language or images that could offend you, your staff or your customers. You agree that it is your choice to use the Subscription and that we are not responsible for any offence caused by any content.
  7. Due to the terms and conditions imposed on SBA by the originating copyright owners all parties acknowledge that all SBA Digital Files are provided on a rental basis and SBA reserves the right, subject to seven (7) days written notice to the Subscriber, to recall or delete any SBA Digital Files.
  8. This agreement is not assignable, is governed by the laws of New South Wales and may only be varied by instrument in writing signed by all parties.
  9. Upon termination of this agreement the Subscriber will provide SBA with a statutory declaration, from an authorised person, stating that SBA Digital Files have been never been copied by the Subscriber and are now permanently deleted, the Subscription Rate will continue to be payable each calendar month in advance until such statutory declaration is received. The Subscriber shall after reasonable notice allow SBA to view the equipment for the purpose of determining that all files have been deleted.
    Definitions:
    “Monthly Subscription Rate” means the current rate payable per month for the Subscription.
    “SBA” means SBA Music Pty Ltd (ABN 61009310525) of 45-55 Epsom Rd Rosebery NSW 2018 if the Subscriber is in Australia or Show Business Video Pty Ltd (ABN 44 009156192) is the Subscriber is in New Zealand.
    “SBA Digital Files” means digital files downloaded pursuant to this agreement.
    “Subscriber” means the person or entity whose details appear in Account Details on the SBA Website for the username relating to this subscription.
    “Subscription” means the right to receive particular downloads of SBA Digital Files in return for payment.
    “Term” means that period from the date the first download for the Subscription becomes available until this agreement is lawfully terminated.