1. Parties
1.1 These terms and conditions form the basis of the contract (hereafter referred to as ‘the Agreement’) between Hertfordshire Music Service (hereafter referred to as ‘HMS’) and all Hertfordshire Schools that request or receive any provision from HMS, paid for by the school. Each Hertfordshire School (hereafter referred to as ‘the Client’) is subject to and agrees to be bound by these terms and conditions in addition to the following policies:
1.2 HMS reserves the right to vary these terms and conditions at any time and without notice. Any determination made by the Chief Executive Officer arising from the terms and conditions shall be final.
1.3 Both parties agree to act in good faith and in a reasonable and timely manner.
1.4 Where the Client has agreed that HMS will manage the billing of instrumental lessons delivered on the Client’s site, parents/carers will enter into a separate, individual agreement with HMS. The terms and conditions for this can be found here: Music lesson and ensemble terms and conditions (hertsmusicservice.org.uk).
1.5 Where HMS manages the billing of instrumental lessons, the Client may also purchase school billed HMS music provision.
1.6 Where the Client has requested to manage the billing for HMS instrumental lessons themselves, the Client will be responsible for managing the financial implications of this service e.g. debt and invoicing.
1.7 The client agrees to adhere to the Client responsibilities described within these terms and conditions, no matter the billing arrangement agreed for any HMS provision.
1.8 HMS does not accept responsibility or liability for the use of any third party services.
1.9 The key relationship manager for the Client will be the HMS Regional Manager. Contact details for Regional Managers are available here under the ‘Contacts for schools – Regional Managers’ dropdown section: Schools' area (hertsmusicservice.org.uk).
2. Purpose
2.1 The purpose of these terms and conditions is to provide schools with a framework to purchase HMS music provision. HMS will work collaboratively with the Client to support the selection of provision that best meet their needs.
2.2 These terms and conditions define the rights and responsibilities of both HMS and the Client and details any responsibilities that must be met by the Client to enable the provision to be provided.
2.3 Details of the services available, the costs and any specific restrictions or requirements of the Client are detailed in the HMS Services for Schools brochure and can be confirmed by the HMS Regional Manager. The brochure includes details of how to request HMS provision and is available here: Services for Schools (hertsmusicservice.org.uk)
3. Duration and Commencement
3.1 All HMS provision delivered as part of this Agreement except for instrumental and singing lessons will, unless specified, commence at the start of an academic year and last until the end of the same academic year. The minimum duration for this Agreement is 1 academic term (based on a 3-term system) unless specified by the Regional Manager.
3.2 School billed instrumental lessons are delivered over a minimum of 33 weekly sessions and will continue term-on-term, year-on-year until the Client gives written notice to HMS to cancel or amend the booking.
3.3 Requests for HMS music provision are required in advance and the duration of any HMS provision (except instrumental lessons as described in 3.2) will be confirmed in writing prior to the provision commencing, along with details of any fees the Client will be liable to pay.
3.4 HMS reserves the right to cease delivery of all music provision with immediate effect if the Client fails to make payment against any invoice within the payment deadline or the requirements of these terms and conditions are not met.
3.5 HMS will enable the Client to access a school portal within SpeedAdmin (the HMS administration system) and support in using the system will be offered. The Client agrees to use the SpeedAdmin school portal to add individual students for instrumental lessons and to view charges each term, no matter whether provision is charged to the Client or directly to parents/carers by HMS.
4. Cancellations and changes
4.1 Advance written notice is required to cancel or amend any HMS music provision prior to the agreed end date.
4.2 Advance written notice to cancel and/or change any HMS provision must be sent to the Client’s HMS Regional Manager.
4.3 HMS will allow the Client to cancel and/or change HMS music provision at three points in any academic year (based on a 3-term system) provided sufficient written notice is given as described in 4.4.
4.4 Written notice for cancellations and/or changes must be received by the Regional Manager by the following dates:
- Monday 15 May 2023 for cancellations and/or changes effective from Friday 1 September 2023
- Monday 9 October 2023 for cancellations and/or changes effective from Thursday 4 January 2024
- Monday 5 February 2024 for cancellations and/or changes effective from Monday 15 April 2024
- Monday 13 May 2024 for cancellations and/or changes effective from Monday 2 September 2024
4.5 If the required written notice to cancel and/or change any HMS provision is not given by the dates described in 4.4, the Client will be liable for all costs until the end of the proceeding billing period for which sufficient notice can be given.
4.6 The Client understands that HMS teachers will be booked and paid based on their requests for HMS music provision, and the Client is liable for all charges arising from the requested provision for at least one academic term.
4.7 When HMS receives requests from the Client for services, they will work in partnership with teachers to timetable HMS activities. If HMS is in a situation where they are unable to provide the services requested with available teachers, HMS will engage in conversation with the Client to find a resolution.
4.6 Any additional services or teaching hours/weeks above the initially agreed service provision must be requested and arranged in advance between the Client and HMS. The Client must not engage HMS teachers in private arrangements.
4.7 The Client may request additional provision throughout the academic year. Any such additional provision can commence at a mutually agreed point in the academic year, subject to staff, administration and instrument capacity being available.
5. Reporting outcomes
As a Department for Education funded provider, HMS is required to provide data to monitor KPIs as well as to collate reports for Arts Council England. The Client agrees to provide a full and complete annual data return relating to school based musical activities in the previous academic year to HMS, including reporting on all protected characteristics categories as well as instrumental and vocal tuition upon request within 30 days.
6. Fees and Missed Sessions
6.1 HMS will deliver and invoice for any provision requested by the Client for the duration agreed except for school billed instrumental and singing lessons that will continue term-on-term, year-on-year until notice is received to cancel or change the provision.
6.2 Fees are reviewed annually and details of up to date fees are available in the Services to Schools brochure.
6.3 Where the number of sessions offered differs from the number of sessions invoiced at the end of the academic year, a credit/debit will be applied where required.
6.4 The minimum written notice for rescheduling a session is one week. If the required written notice is not given to the HMS teacher, no credit will be due and the Client will be charged.
6.5 Whilst every effort will be made to accommodate requests to reschedule, if a session cannot be rescheduled by the HMS teacher within the academic year, no credit will be due and the Client will be charged.
6.6 Sessions missed by students due to reasons including, but not limited to, forgetfulness, short term sickness, school trips/activities (with no notice), exams, poor student internet connection or a student’s faulty device etc. will not be made up or credited and the Client will be charged.
6.7 When an HMS teacher misses a session for reasons such as illness or travel delay, poor teacher internet connection or teacher device issues etc. they will either reschedule the session within the academic year or a credit will be applied.
6.8 Any sessions missed by an HMS teacher may be rescheduled in a different academic term to the original missed session but will be rescheduled in the same academic year.
6.9 HMS will endeavour to provide a cover teacher in cases of extended staff absence; however this cannot be guaranteed.
6.10 To assist in timetabling any tuition, the Client will provide notification to the HMS teacher in advance of the start of each term of any days where students will be unavailable for a lesson due to a school commitment or a suitable room/space at the school will be unavailable.
6.11 In the event of an emergency or closure of the Client’s site (full or partial) or external venue due to an event outside HMS control (e.g. force majeure, a pandemic, flooding, heavy snow or industrial action), where alternative arrangements can be made in time, all HMS services may be delivered online. No credit will be due if alternative arrangements are not made in time and the Client will be liable for any charges for HMS services as a result.
6.12 If the Client’s site or external venue closes due to reasons outlined in 6.11 above for an extended period of time (more than one week), it is expected that sessions and activities will move online via the Client’s virtual learning platform, e.g. MS Teams and no credit will be due.
6.13 Credits for missed sessions will not usually be made on a term-by-term basis. Where the number of sessions scheduled by HMS staff differs from the number of sessions invoiced at the end of the academic year, a credit/debit will be applied where required.
6.14 The Client will be invoiced termly, and payment will be due within 14 days of the date on the invoice. Failure to make payment will lead to the cancellation of provision. For instrumental and/or singing tuition, HMS will invoice for 12 lessons in the Autumn term, 10 lessons in the Spring term and 11 lessons in the Summer term.
6.15 In the event that HMS is unable to deliver a fully subsidised activity, for example First Access, no credit or refund will be due or offered.
7. Quality Assurance, Feedback and Data Protection
7.1 HMS will provide performance management and professional development opportunities for all its teachers. HMS will also work in partnership with the Client to ensure effective quality assurance and monitoring of the teaching and learning provided by HMS against the HMS Teaching & Learning Standards framework.
7.2 HMS reserves the right to change the HMS teacher, either temporarily or permanently with no notice.
7.3 To assist with improving the services on offer, HMS requests that the Client assists with regard to gathering evidence in the form of feedback from teachers and young people, data, videos and photography, subject always to securing the requisite consents from individuals to take images and collect data.
7.4 All data is collected, stored and deleted in line with HMS Privacy Policy available here: Privacy notice for schools and pupils (hertsmusicservice.org.uk).
8. Billing and Financial Support
8.1 For all services, including subsidies offered to students by the Client, that are delivered by HMS and chargeable to the Client, the Client will be charged on a termly basis.
8.2 Any queries HMS receives relating to school billed lessons will be directed to the contact email address of the Client held by HMS.
8.3 The Client will be liable for any charges once provision have been requested by the Client.
8.4 Provision may begin before an invoice have been issued.
8.5 Where the Client is passing on the cost of HMS provision to parents/carers, the Client remains liable for the full cost of all scheduled HMS provision, regardless of any failure to make payment by parents/carers.
8.6 Trial lessons/sessions are not offered unless they form part of an authorised special promotion.
8.7 Financial support is available to eligible students, funded by the Music Education Hub grant and further details are available online here: Help with music fees (hertsmusicservice.org.uk).
8.8 Where the Client makes changes to their booking and the number of sessions scheduled differs from the number of sessions invoiced at the end of the relevant academic term, HMS reserves the right to charge for the extra sessions.
9. Complaints and Compliments
Please direct any notices, complaints, compliments or comments regarding the service you receive to:
Ben Stevens
Director of Music, Hertfordshire Music Service
Central Office, Mid Herts Centre for Music & Arts, Birchwood Avenue, Hatfield, AL10 0PS.
Tel: 01438 845897
Email: benjamin.stevens@hertfordshire.gov.uk
10. Services Offered
The full list of HMS services available to schools is detailed in the Services to Schools brochure. There is an online request form available which can be used to request HMS services each academic year.
HMS will consider requests for services throughout the academic year on a case by case basis, however any provision offered may be dependent on:
- Availability of suitable teachers
- Availability of instruments or equipment
- Availability of space or suitable resources at a school
- Availability of administrative support to process requests
Provision that is needed to start in September of any given academic year must be requested by the end of March in the preceding academic year. This allows HMS to review any recruitment needs and interview new teachers where needed between April and July.
11. Instrumental and Singing Lessons
Sessions
11.1 HMS will schedule 33 instrumental and singing lessons over a minimum of 33 weeks in each academic year.
11.2 Due to the uneven duration of school terms, the number of sessions offered in each school term may vary but the total number of lessons scheduled over the academic year will be 33.
11.3 Attendance records are kept for invoicing and record keeping and used as the source of information for any queries about accounts.
11.4 Instrumental and singing tuition will begin as soon as possible following receipt of a request for, or extension of, existing HMS teacher time from the Client.
11.5 The Client must provide an online platform for HMS teachers to deliver online lessons where face to face lessons are not available or accessible.
11.6 The Client agrees to manage the timetabling and invoicing of instrumental and singing lessons and must oversee the adding of individual students to SpeedAdmin, the HMS administration system.
11.7 The Client will ensure instrumental and singing lesson durations allow for HMS teachers to maintain the teaching and learning standards expected of HMS provision. For the avoidance of doubt, the minimum expected lesson durations are 20 minutes for individual and shared lessons or 30 minutes for small group lessons (three or more students). The Client must agree any lesson durations below these minimum expectations with HMS on a case by case basis.
11.8 Any queries from parents/carers regarding any aspect of the administration and billing of lessons should be and will be directed to the Client.
11.9 HMS will not agree to deliver tuition to a student who receives lessons on the same instrument from another (non-HMS) teacher.
Time of Lessons
11.10 School instrumental and singing lessons normally take place during, but not limited to, the school day.
11.11 The Client agrees to display the instrumental lesson timetables submitted by HMS teachers somewhere that students can check the time/day of their lessons.
11.12 The Client accepts that instrumental lessons will usually result in a student being withdrawn from their normal school classes for the duration of the lesson.
11.13 The HMS teacher is not responsible for escorting children to/from lessons, although the HMS teacher will make every effort to ensure attendance is consistent.
11.14 The HMS teacher will agree a time and day for regular instrumental lessons with the Client and the Client will be responsible for sharing the details with students and the parent/carer.
Liability
11.15 HMS does not accept liability for loss or damage to student’s instruments or personal possessions.
11.16 Parents/carers should arrange appropriate insurance for musical instruments and equipment provided for lessons, often available under existing contents insurance policies or specialist insurers.
12. Safeguarding
12.1 HMS will ensure that all HMS teachers continue to satisfy the required safeguarding checks, induction training and pre-employment checks for work with children and young people.
12.2 The Client agrees that any teaching assistants and 1:1 learning support assistants will remain in the class during whole class or large group provision to support the music learning of the students who require this additional support.
12.3 HMS will ensure the Client is informed of the required information to keep their Single Central Record updated as needed.
12.4 HMS will review and update as needed the HMS Safeguarding and Child Protection policy available to all Clients online here: Child protection and Safeguarding policy (hertsmusicservice.org.uk).
12.5 HMS will ensure the Client is notified when a teacher is ill and unable to attend, by 10:00am on the given day wherever possible.
12.6 HMS will ensure that the Client is kept fully informed of any staff changes or concerns that may arise in order that action can be taken as soon as possible.
12.7 In cases of planned absence or inability to deliver services, HMS will endeavour to provide at least one week’s notice, and where possible, the HMS teacher will reschedule these sessions.
12.8 The Client must ensure access to basic first aid provision or a way to call for assistance is available to all HMS teachers whilst working on the Client’s premises.
12.9 HMS teachers will be responsible for reporting any unauthorised absences from instrumental and singing lessons to the Client on the same day.
13. Client Responsibilities
It is the Client’s responsibility to:
13.1 Liaise directly with HMS teachers to inform them about any SEND student requirements e.g. My Support Plan details, school dress code, behaviour management or school reward policies and how the Client expects inappropriate behaviour to be managed.
13.2 Ensure HMS teachers are informed who the Client’s Designated Safeguarding Lead is and their contact details.
13.3 At HMS’ request, forward relevant key information and communications about HMS activities and opportunities for children and young people to parents/carers.
13.4 Where appropriate, ensure students are encouraged and given every opportunity to perform within the school, at a local HMS music centre or at external large scale events (e.g. Hertfordshire Schools’ Gala).
13.5 Manage any class registration process.
13.6 Agree all teaching dates prior to sessions commencing at the start of each term by working in partnership with HMS teachers.
13.7 Ensure that agreed dates are adhered to, and that notification of essential rescheduling requirements are reported at least one week in advance via email to the HMS teacher directly.
13.8 Comply with any requests for information from HMS to enable HMS to monitor and evaluate the services provided.
13.9 Ensure no fees are charged to HMS for delivering any requested HMS provision. This includes any fees for room hire that may be charged to private teachers.
13.10 Ensure that the requirements of the teacher are met so that the service can be delivered effectively and efficiently. These requirements include, but are not limited to the following:
- A suitable room be provided for the delivery of each service, that is of adequate size for the activity, free from distraction and any obstacles, ensuring that vision panels are in all doors and rooms are well ventilated and heated. Rooms should be situated where it is appropriate to play music without disturbing other activities in school.
- The room provided to be consistent every week, with prior notice of any room changes, and suitable alternatives provided if strictly necessary.
- Use of school Wi-Fi to access online teaching resources.
13.11 Respond within 30 days to requests for the submission of data required for the purposes of monitoring and self-evaluation of the service, and for Arts Council returns for which continued central funding depends.
13.12 Not inappropriately seek to employ the same HMS teachers by private agreement to work directly for the school, within a six month period of the teacher(s) working in the Client’s school.
14. School Partner Membership Agreement
To secure a stronger partnership between HMS and Hertfordshire schools, HMS and the Client agree to the following commitments.
HMS will support music making in schools by:
- Ensuring provision is inclusive and accessible to all young people.
- Delivering an engaging whole class First Access instrumental programme.
- Securing a range of world-class partnerships that support music making in all schools.
- Assisting students with the loan or purchase of musical instruments.
- Designing bespoke musical provision that suits the needs and ambitions of each school.
- Facilitating peer to peer support networks, training and advice to schools.
- Continuing to train, support and develop HMS teachers' skills and expertise to ensure musical tuition is a consistently high standard.
- Providing access to either fully or partially subsidised music education resources.
- Making Arts Council funding available to provide financial assistance to families facing hardship.
- Creating a varied programme of large scale singing and performance events.
- Developing a progressive pathway for students to follow through to professional music making.
As part of this Agreement, the Client commits to supporting the aims and vision of Hertfordshire Music Service by:
- Maintaining good communications with the HMS teachers, providing a named contact for music.
- Reporting any concerns or issues promptly so HMS can support as necessary, quickly and efficiently.
- Liaising with the HMS teacher to ensure any instrumental timetables are suitable.
- Encouraging students to express themselves through the language of music.
- Considering the use of e.g. Student Premium funding to assist certain students with the cost of instrumental lessons.
- Ensuring a school staff member (Teaching Assistant and any 1:1 support staff) is present at all whole class music sessions.
- Reserving on a regular basis a suitable teaching space for instrumental and whole class lessons that is of adequate size, free from obstacles and distractions and where the music making will not disturb other activities in the school.
- Allocating a space in the school for the safe storage of music instruments or equipment away from heat, direct sunlight or damp.
- Making suitable equipment available for music tuition to be delivered including Wi-Fi access or an internet enabled school device for teaching online lessons or accessing cloud based content.
- Ensuring the requirements of any HMS teacher are met so that HMS services can be delivered effectively and efficiently.
15. Introduction Fee – Fair Working Partnership Agreement
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Where a customer engages Hertfordshire Music Service (HMS) to provide a member of HMS staff to deliver Tuition within the customer School/setting, the customer acknowledges that HMS is performing the role of an Employment Business.
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Should the customer subsequently directly hire as an employee/worker any member of HMS staff actively deployed in their School/setting; Governed by ‘The Conduct of Employment Agencies and Employment Businesses Regulations 2003’, HMS will instigate an ‘Introduction Fee’.
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17.2 further applies were the customer to hire a current or former member of HMS staff previously deployed to the customer School/setting where employment by the customer commences within one academic half term period of either:
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The ‘Introduction Fee’ will be 10% of the annual salary offered to the HMS member of staff by the customer and is payable in full within 30 days of the invoice being raised.