A P P R O A C H     addressing music projects & terms and conditions

addressing music projects

A professional and thorough project description enhances the opportunity of realization and successful execution of a music project.

MomC guides and advises musicians and composers with their music projects and has developed for this a design project plan consisting of 15 components, from project (working) title to budget and coverage plan. From this design a final project plan is composed, which is the basis and starting point for fundraising and recruiting sponsors and partners.

The essence of the approach is close cooperation and consists of six phases:
a)     Orientation on project topic and, if necessary, carry out preliminary research.
b)     Sending project plan and budget concept.
c)     Review received texts and figures set up project plan and budget concept.
d)     Composing final project plan and budget.
e)     Selecting funds, subsidizers and sponsors appropriate for the proposed project.
f)      Contacting and applying for contributions at selected funds, subsidizers and sponsors.

<>     Please note! MomC is not an applicant!     <>

Phases a, b & c:
There are no costs associated with this.
Phases d, e & f:
In an agreement is briefly described the content of the music project, the form of cooperation, the time phases of work and tasks & the amount and method of remuneration. MomC requires an advance payment for composing the final project plan and budget  & guides and advises project fundraising on the basis of no-cure-no-pay.

terms and conditions
1. APPLICATION     1.1.  These general terms and conditions apply to and are an integral part of any agreement relating to the MomC Foundation Music of many Cultures (further named MomC), based in Amsterdam, to provide services – guidance and advice – of any kind, unless explicitly agreed otherwise in writing.  <>  1.2.  What is meant in these general terms and conditions by the customer is: every (legal) person who uses the services of MomC.  <>  1.3.  It is only possible to deviate from these conditions if the client and MomC have expressly agreed to this in writing.
2. CONCLUSION AND AMENDMENT AGREEMENT     2.1.  All quotations / concept agreements by MomC, in whatever form, are free of obligation unless the offer included a term for acceptance. First, by signing by MomC and by the customer, an agreement will be established.  <>  2.2.  Changes, additions and / or extensions in the agreement are binding only if agreed in writing between MomC and the customer. Minor deviations are therefore not at the expense and risk of MomC and / or the customer.  <>  2.3.  Apparent descriptions / mistakes in MomC’s offerings relieve her of the obligation to comply and / or any obligations, whatsoever, after the conclusion of the agreement.
3. IMPLEMENTATION OF THE AGREEMENT     3.1.  If the required data for the execution or implementation of the agreement are not provided in time to MomC, MomC is entitled to suspend the execution of the agreement and without any obligation to cancel the agreement in whole or in part by means of a written communication to the customer.  <>  3.2  The customer can only cancel the agreement if MomC has agreed in writing.  <>  3.3.  The term “times & terms/dates” in the agreement is done by MomC to the best of knowledge, and they will be observed as much as possible, but are not binding.  <>  3.4.  MomC will perform the services to the best of its ability and in accordance with the requirements of good workmanship, however given the nature of the services there can never be guaranteed a 100% result by MomC.  <>  3.5.  If and to the extent necessary for proper execution, MomC can carry out work by third parties.
4. PAYMENT     4.1.  MomC delivers a written concept agreement to the customer, which will be agreed upon in a final agreement.  <>  4.2.  After receipt of the note, the customer must pay it within 10 days after the date mentioned on the note by transfer to MomC’s bank account.  <>  4.3.  MomC has the right to suspend or terminate the execution if the note is not paid on time.  <>  4.4. If, after a written warning letter, the note is not paid within the reasonable time limit specified in the notice, the customer owes a fine equal to 10% of the principal amount due by the customer to the user. Any collection charges/costs will be borne by the customer.  <>  4.5. The applicability of Article 6:92 of the Civil Code is excluded from the penalty clause contained in 4.4, that is, the right of MomC to claim the fine imposed in 4.4 leaves MomC’s right in place of the fine or in addition to pay the fine to the outstanding note. The fine will be deducted from the outstanding note.
5. DISCLOSURE & TERMINATION     5.1.  The customer is deemed to be in default if he or she fails to comply, not or not in good time, with any contractual obligation.  <>  5.2.  In case of default of the customer, MomC is entitled, without any obligation, to dissolve the agreement in whole or in part by means of a written notice to the customer.  <>  5.3. MomC is authorized to dissolve the agreement with immediate effect if the customer fails to meet the payment obligations. All outstanding notes will be claimable immediately. Due to this termination, MomC will never be liable for any damages.
6. FORCE MAJEURE     6.1.  If the fulfillment of the obligations of MomC is not possible due to force majeure lasts longer than three months, both parties are authorized to dissolve the agreement without judicial intervention.  <>  6.2.  Under the concept of ‘force majeure’ referred to in this article, it shall in any case mean unforeseen circumstances, whether of an economic nature, arising out of debt or liability of MomC.
7. LIABILITY     7.1.  MomC is solely responsible for any damage the customer suffers if and insofar as such damage is the direct consequence of intentional or deliberate recklessness.  <>  7.2.  MomC is not liable for damage, if and insofar as the customer has insured him-/herself against the damage in question or could reasonably have assured.
8. DISPUTES & APPLICABLE LAW     8.1.  If there is uncertainty about the interpretation of one or more provisions of these terms and conditions, than the explanation of that provision(s) should be “to the mind” of these terms and conditions.  <>  8.2. Dutch law applies to an agreement concluded with MomC.  <>  8.3.  Any disputes relating to this agreement or arising out of this agreement shall be settled in the first instance only by the competent court in the district where MomC at the time of the conclusion of this agreement is established.