1. DepList is an Internet service that acts as a forum and marketplace to facilitate contact between seekers (Buyers) of specialist musicians and providers (Sellers) of specialist musical skills, specifically singing, organ playing and choral directing. It manages a restricted-access email messaging service (List), which is hosted and operated by a third party, and it owns a public website (Site). It charges annual fees for subscription to the List (Membership) , membership of which is subject to recommendation from peer Members and to approval by the managers (Owners) of the List and Site. A special category of Membership (Associate Membership) exists for regular advertisers who are not necessarily practising musicians themselves but nevertheless need to book professional musicians on a regular basis. Associates may post to the List but cannot receive its messages or view its archives. Subscription fees for Associates are the same as those for Full Members and entitle Associates to unlimited use the Site's advertising facilities.
  2. The service operates by disseminating advertisements for paid employment (Notices) to the Membership by a variety of means, either directly via the List or indirectly via the Site.
  3. Members of the List send out their own Notices by email to the List's server. The Notices are then automatically forwarded to all the Members.
  4. Notices sent out by Members must consist of notifications of paid employment opportunities or forthcoming auditions for professional work. All other announcements, including concert notices and advertisements of products or services, may only be displayed on one or more of the following: our Members' Forum, our Members' profile pages, or our Facebook page.
  5. Advertisers should not seek to recruit the services of musicians for fees that are lower than the minima recommended by one or more of the three official associations for the categories of performers on DepList: the Musicians' Union, the Incorporated Society of Musicians and Equity.
  6. Members may send an unlimited number of Notices provided that their subscription is up to date.
  7. Advertisements circulated to the membership by Non-members must meet the criteria set out in Clause 4.
  8. Members and Associates are asked not to send out Notices on behalf of other parties who are not Members. Instead, they should encourage the author of the Notice to fill out the Advertisers' form on the Site or to join DepList.
  9. The owners cannot control and shall not be responsible for what happens to a Notice after it has been sent out. Thus, a Notice will be received initially by a Member, but it is not within the Owners' remit to prevent that Member from subcontracting a job to a non-Member or from passing on the Notice to a non-Member, although the practice is discouraged. The Owners will not be liable in the event that a Notice falls into unsuitable hands.
  10. Members must not respond to job ads that seek a different category of musical skill from that which is implied by their approved DepList membership status. For example, a Member who joins DepList as a refereed singer but who also has organist skills must not respond to a Notice seeking an organist unless he or she has dual membership status, with separate approved references that relate to their abilities as an organist. The same applies to organists with vocal skills; dual membership with two sets of references is required. Although most organists will have some experience of choral directing, this is not always the case. Choral Directors who are not organists must make this clear on their website biographies.
  11. Before accepting a job singers must be confident of their ability to meet its requirements in terms of vocal range, repertoire and sightreading skills.
  12. The Owners make every effort, by a system of vetting, CVs, personal recommendation and other means, to ensure that only suitable people are co-opted as Members. However they cannot be held responsible for the standard of performance of a musician (whether a Member or not) on any given occasion, or for their suitability for the Job in question. Complaints will, however, be taken seriously and followed up, and if the Owners consider that the complaints are justified, they will take whatever action they consider appropriate (see Clause 13). Members who have complaints lodged against them, or who bring the DepList name into disrepute through poor performance standard, unprofessional behaviour or otherwise inappropriate conduct will be removed from the List (see Clause 13).
  13. (a) Members who are the subject of two or more complaints on separate occasions and from separate sources about their ability to perform to the required standard and/or lack of professionalism will automatically be removed from the List. However, a first complaint may result in suspension of the membership pending further investigations until the Owners decide whether to lift the suspension or to terminate the membership. Those whose memberships are terminated by the management will be given a refund of the proportion of their subscription fee that still remains unused (to the nearest month) before the date due for renewal. (b) Associate Members who are the subject of two or more complaints concerning late payment of fees, breach of contract, unacceptable working conditions, or such other matters as risk bringing DepList into disrepute, will have their membership discontinued. Their status will revert to that of advertiser, and all further advertisements from them will be forwarded by the Owners at their discretion and/or with an appropriate warning clause.
  14. Users of the service should be aware of the risks of hiring singers without having heard them, especially when it involves something as subjective as the human singing voice. Sellers should also be aware of the risks of accepting engagements from amateur choirs, orchestras or other organisations that require the services of professional singers. The organisations concerned may have very low musical standards. Although DepList only admits professional musicians to its Membership, it does not consider that it should impose similar restrictions on the organizations that choose to hire the services of its Members. Caveat emptor et caveat vendor.
  15. No Notice sent by the List or through the Site (or its associated Facebook group) will be considered to represent a contract or to be in any way binding, and the Owners will not take personal responsibility for the accuracy of any of its contents. It is the responsibility of Buyer and Seller, having made contact through DepList, to complete negotiations off-list to the satisfaction of both parties and, if necessary, to form a contract between them. The Owners will play no part in any such contract and will not accept any liability if the contract is breached.
  16. The Owners shall not be liable for any loss of income that may arise as a result of default on the side of either Buyer or Seller.
  17. In the case of dispute between Buyer and Seller the Owners will listen to complaints from either side and give what advice and information they can, but they do not consider themselves under any obligation to act as arbitrators and they will not necessarily involve themselves further unless they decide that the dispute has a direct bearing on DepList and its reputation.
  18. The Owners may take into account information that they receive from Buyers or Sellers or other parties to ensure the smooth running of the service. In particular, information about individuals' qualifications, experience, performance and attitude may be sought and discussed as part of the vetting procedure for admitting new Members and when dealing with complaints.
  19. The Owners are mindful of the need to respect Members' privacy with regard to Members' personal information. However, Members should be aware that some of the information contained in their CV may be verified or discussed with other parties as part of the vetting procedure for admitting new Members and, in the case of existing members, when dealing with complaints. Members should therefore not include in their CVs any information that they wish to remain private or confidential.
  20. The Owners reserve the right to remove from the List, for whatever reason and without necessarily having to state that reason, anyone whom they consider unsuitable to remain on it. In such a case the person will be offered a refund of the proportion of their subscription fee that still remains unused (to the nearest month) before the date due for renewal.
  21. A Member who unsubscribes from the List of their own accord will not be entitled to a refund of their subscription, unless they unsubscribe within 30 days of paying their first subscription.
  22. The Owners take no responsibility for any malfunction of the servers on which the List or the Site resides. In the event that it becomes necessary to change to a different server or provider, they will endeavour to keep any necessary downtime to a minimum.
  23. The Owners will not be held responsible for any Notice that fails to reach the Membership or its intended recipient(s) and will not be liable for any loss or inconvenience that may be incurred as a result of such failure.
  24. Notices from non-Member advertisers will be charged at the rates stated on our website.
  25. The presence of a Notice in the List's archives will be taken as proof that the message was successfully despatched to the Membership.
  26. Refunds will not be given if a successfully posted advertisement (Notice) fails to generate any response. However, if some malfunction caused un unacceptable delay in processing the Notice or otherwise prevented it from reaching the Membership in good time, the advertiser will not be charged.
  27. The Owners reserve the right not to accept a Notice for despatch if they consider that the content inappropriate for the DepList service.
  28. Members put their personal details and email addresses on the Site at their own risk. The Owners will not be held responsible for any misuse of the information that is posted on the Site, nor for what information may be picked up by external search engines.
  29. The Owners reserve the right to increase Membership fees in line with inflation or to cover any costs that may be incurred in the future as facilities are developed. Members will be given good notice of any planned increases.
  30. The Owners reserve the right to terminate the service after giving the Members adequate notice. In this event, the Owners will refund the proportion of Members' subscription fees that still remains unused (to the nearest month) before the date due for renewal.
  31. Subscription fees are payable via PayPal. Members and Associates are responsible for creating and maintaining their PayPal accounts. The Owners will issue a payment reminder notice when a subscription falls due, but will not be held responsible for any problems that may arise with individual PayPal accounts.
  32. Those who abuse the system by seeking ways of using DepList while deliberately avoiding payment of fees will be removed from DepList or banned from using its services. Examples include: members who persistently forward DepList messages to non-Members; lapsed members who repeatedly post or respond to messages to DepList without having paid their subscription fees; non-member advertisers who post to DepList without paying advertising fees.