General Terms and Conditions
These general terms and conditions regulate the services, rights and duties between you, the buyer or supplier (hereafter: You or Customer) and oSerenade.com (hereafter: oSerenade)
- Service Provided
oSerenade facilitates a service, which allows customers to order a song dedication and message service from music artists in our marketplace using the oSerenade website.
In oSerenade, customers can create and register an account for free. However, only registered users can order a service. And duplicate accounts are not allowed.
- Video License
Customers are granted creative commons license for the delivered song video, which they may use however they want as long as it’s not for commercial purposes.
- Terms of Payment
All orders must be paid through our approved payment gateways or at the time of ordering. oSerenade holds the payment and pays it to the music artists after successful delivery of the service. oSerenade collects a 35% service fee on all transactions.
Users are not permitted to offer or accept payments using any method other than through those provided by oSerenade. Failure to do so may result in removal of the user accounts involved. Orders may only be coursed through the “Send Love” button.
- Failed or Late Delivery
If the music artist fails to deliver the service, the order will be cancelled upon request, and the money refunded to the customer’s account. Failed or Late delivery will have a negative effect on the music artist’s rating and will only be tolerated once. A repeat offense will result to account suspension.
- Mutual Order Cancellation
Both, the customers and the music artists may at any time mutually cancel the order without a negative effect on the supplier’s rating. Money from cancellations will be refunded to the customer’s account.
- Cashing Out Funds
Funds can be cashed out to the music seller’s bank account or via any of our accepted payout methods 1-3 days after a service was successfully delivered.
oSerenade is an ecommerce platform and is not directly involved in the service offered especially in the quality of the service provided.
- Limitations of Liability
Under no circumstance shall oSerenade be liable for damages exceeding the purchase price of the service.
- Payment Disputes
You agree to never file a payment dispute with our payment gateways. Contact us for help in solving payment issues.
- Unsolicited Emailing
With the exception of certain verified opt-in mailings, oSerenade prohibits any form of unsolicited bulk emailing and messaging (commonly referred to as “spamming”) by any user, either related or unrelated to oSerenade.
User’s participation in verified opt-in mailings shall only be permitted upon prior written consent of oSerenade. For the purpose of this Agreement, spamming also includes any similar, abusive behavior including, but not limited to automatically sending scripted text (and website URL) disguised as “chat” into any third party chat room, bulletin board or website.
Any report of spamming will be investigated immediately, and oSerenade may, in its sole discretion, suspend the account of the User in question pending the review or investigation of the reported spamming.
oSerenade will terminate any user found, in its sole discretion, to have engaged in this prohibited behavior, and the termination provisions above will apply.
oSerenade reserves the right to take any other action it deems necessary in this regard, and further reserves the right to change these standards from time to time, to be effective upon notice to User.
In addition, users are not allowed to message other users to take transactions outside the site, ask for contact information, or send links to sites that compete with oSerenade, potentially harmful sites like phishing or malware sites, illegal or unethical sites, and sites with disturbing content.
All notifications have to be made in writing and can be transmitted via email through our contact form.
Customer fully accepts these terms & conditions upon use of the oSerenade.com website.
oSerenade may make changes to its Terms of Services and will make a copy of the latest version on this page. You understand and agree that oSerenade will treat your use as acceptance of the updated Terms of Service.
- Severability Clause
Should one of the contract clauses become invalid, the validity of the remaining provisions as a whole shall not be affected. Instead of the invalid clause, what comes closest to the economical purpose of the clause is then agreed. Place of jurisdiction and place of fulfillment, to the extent permitted by law is Manila, Philippines.
The music artists are not employees of oSerenade.com and they will be solely responsible for payment of any and all taxes attributable to payment received in their performance of the service.
Last Update: December 10, 2016