These terms govern use of the PrestigeMusicians dashboard: the inbox, the bookings, the travel, the payouts and every other facility from which a musician conducts their business. They are made between the musician in whose name the account is held (the “Musician”), together with the assistants the Musician invites where so stated, and MILAN SYSTEMS, LLC, a Texas limited liability company trading as PrestigeMusicians (“PrestigeMusicians”).
Where the Musician is also listed on the roster, the PrestigeMusicians Agreement applies in addition to these terms. Whether or not the Musician is so listed, the Data Processing Agreement forms part of these terms and governs the manner in which PrestigeMusicians holds the Musician’s clients’ information on the Musician’s behalf.
1. The account
Accounts are created by invitation. The Musician shall keep their password confidential, shall use a strong one, and shall notify PrestigeMusicians immediately upon believing that another person has obtained it. Two-factor authentication may be enabled in Settings and is recommended. Every act performed from the account is treated as the act of the Musician.
2. Assistants
The Musician may invite assistants. An assistant works the Musician’s book: they see the inquiries, bookings, clients, messages and travel, and they send mail in the Musician’s name. They do not see the Musician’s earnings, payouts or settings.
The Musician is responsible for the acts of their assistants within the account, for ensuring that each assistant is entitled to see what they see, and for removing an assistant who ceases to work for the Musician. An assistant accepts these terms on their own behalf on first signing in, in respect of the provisions concerning conduct and acceptable use.
3. Ownership of the Musician’s data
The Musician’s clients, bookings, messages, travel and figures belong to the Musician. The Musician is the controller of that information, and PrestigeMusicians holds it as processor under the Data Processing Agreement.
PrestigeMusicians uses that information solely to operate the dashboard for the Musician. It is not sold, is not disclosed, and is not used to build anything else. The founder of PrestigeMusicians may access the Musician’s book to provide support or to keep the service running, and only so far as those purposes require.
Inquiries arriving through the public roster stand differently: PrestigeMusicians collected them and accordingly retains its own record of the introduction, and the client’s information becomes the Musician’s to use for that booking under the PrestigeMusicians Agreement.
4. Facilities of the dashboard, and their requirements
- Mail. The dashboard sends to the Musician’s clients with a reply address which returns answers into the thread. Roster musicians send from an address provided by PrestigeMusicians on its domain, in the Musician’s name; mail of the Musician’s own is not required in order to work a booking. A musician holding their own domain may verify it with PrestigeMusicians and send from it instead, and in doing so confirms their entitlement to that domain.
- Inquiry sorting. Where the Musician records what makes an inquiry worth their time, an automated model reads each new inquiry against those rules and marks it, with a single line of reasoning. The model may be wrong; it never withholds an inquiry from the Musician; and it is disabled by clearing the rules. The particulars of the inquiry are transmitted to the model’s provider for that purpose alone.
- Travel. Flight numbers and places entered by the Musician are looked up against third-party data services in order to complete times and airports. That data may be wrong and should be verified before it is relied upon.
- Contracts and payments. Agreements are signed on the site of PrestigeMusicians and paid through Stripe into the Musician’s own Stripe account. PrestigeMusicians at no time holds the Musician’s money.
- Backups. PrestigeMusicians takes daily backups of the database. The Musician may export their entire book at any time from Settings and is recommended to do so.
5. Acceptable use
The Musician shall use the dashboard for their own musical business and lawfully. The Musician shall not send mail to persons who have not asked to hear from them, shall not enter another person’s information without the right to do so, shall not attempt to reach any other musician’s book, and shall not use the dashboard for any purpose capable of harming the service or those who use it.
Where PrestigeMusicians establishes that the Musician has done any of those things, it may suspend the account pending inquiry.
6. Charges
The dashboard is at present provided without charge. Should PrestigeMusicians introduce a fee, it shall notify the Musician by email not less than thirty days before that fee applies, stating the price and what it covers, and the Musician may close the account and take their data before it takes effect.
Roster bookings carry the fees set out in the PrestigeMusicians Agreement, which are separate from any dashboard fee.
7. Availability
PrestigeMusicians works to keep the dashboard available and correct, and notifies the Musician of any problem known to it which affects the Musician. PrestigeMusicians does not undertake that the dashboard will never be unavailable and is not liable for periods during which it is not. PrestigeMusicians may alter features, and shall not withdraw a feature upon which the Musician depends without notice.
8. Termination by the Musician
The Musician may close the account at any time. On closure, PrestigeMusicians provides a complete export of the book, retains it for thirty days against the possibility of reinstatement, and thereafter deletes it, save for the records it is required to keep: signed agreements and their signature records for seven years from the date of the event, and the fee records of PrestigeMusicians for seven years, with clients’ identifying particulars removed where the law permits.
9. Liability of PrestigeMusicians
The dashboard is provided as it stands, and PrestigeMusicians takes reasonable care with the Musician’s data. The liability of PrestigeMusicians in respect of any matter arising under these terms in any period of twelve months is limited to the fees paid by the Musician for the dashboard in that period, or one hundred United States dollars where none were paid.
PrestigeMusicians is not liable for lost bookings, lost profits, or any consequence of a third-party service — mail delivery, flight data, or Stripe — performing otherwise than as it should. Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for any matter which the law does not permit to be limited.
10. Suspension and termination
PrestigeMusicians may suspend or terminate the account where the Musician breaches these terms, where the law requires it, or where PrestigeMusicians ceases to provide the service, in which case it shall give ninety days’ notice together with the export. Where an account is suspended, the Musician’s data remains intact until the matter is resolved.
11. Variation
PrestigeMusicians may vary these terms on thirty days’ notice by email. Where the Musician does not accept a variation, the Musician may close the account before it takes effect and the variation shall not apply. Continued use of the dashboard after that date constitutes acceptance, and that acceptance is recorded.
12. Governing law
These terms are governed by the law of Texas, and the courts of Texas shall settle any dispute arising under them. Before either party commences proceedings, that party shall write to the other setting out the matter in dispute and shall attempt for thirty days to resolve it.
13. Contact
bookings@prestigemusicians.com, or by post at the address stated in the Legal Notice.