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Friday, November 20, 2009

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TERMS AND CONDITIONS

Responsibility for downtime.
netsoundsmusic.com cannot accept any responsibility for any losses or damage resulting from periods of poor or non operation of its web site.

Responsibility for accuracy of detail.
netsoundsmusic.com cannot accept responsibility for inaccuracy of seller information presented on its web site. This includes information included within the sellers' database.

Updating databases.
To make use of our automated bulk uploading system a sellers file should be converted into "Delimited Text" format (for example "Tab Delimited Text" or "Comma Delimited Text"). Usually this is as simple as clicking on "File - Save As" in the software program that is used to maintain your stock listings, and then changing the file type accordingly.

Once you have your file in an acceptable "Delimited Text" format, you should log in to the "Seller Admin" area and click on "Bulk Upload" where you will be able to specify the column layout and other settings for your file(s).

Using our automated bulk upload system files can be uploaded as frequently as the seller wishes and assuming their file meets certain criteria, then it's contents will appear within the main netsoundsmusic.com database within approximately 60 minutes of uploading.

Please note that while the automated upload system should add seller files during it's 60 minute rotation period, some times this will not be possible due to maintenance of our servers, excessively busy periods, or unforeseen circumstances. netsoundsmusic.com cannot accept responsibility for any losses or damages caused by this.

If you are having problems using our bulk upload facility, please contact us at admin@netsoundsmusic.com.

Database criteria for near real time uploading.
It should be noted that the netsoundsmusic.com bulk upload system is based on "synchronization" technology. Over the years we have found that when a seller uploads replacement listings, usually only a small percentage of their listings have actually changed. For example, even our busiest sellers with hundreds of thousands of items in their inventory will usually only sell / add a few thousand items every week.

It is therefore extremely inefficient to simply delete all of a seller's current listings on netsoundsmusic.com and then add their entire inventory again!

With this in mind, we developed our bulk upload facility to be a "synchronization" system - it is capable of comparing a seller's upload file with their current listings in our database and is able to determine which items need to be removed, added, or updated in order to bring their listings up to date.

For example, if the seller had 200,000 items listed on our web site currently and then uploaded their new listings after selling 7,000 items, adding 4,000 items and updating 2,000 items (by changing their price or quantity columns). Our system would determine that it needed to delete 7,000 items, add 4,000 items and update 2,000 items - this is a vast improvement in efficiency compared to deleting 200,000 items and then adding 197,000 items!

The efficiency gain of the synchronization system begins to fall with the more changes that the system has to make to a seller's current listings in order to bring them up to date. The "cut off" point is around the 50% mark, after this it is actually more efficient to simply delete all the seller's current listings and add their entire inventory again.

Typically the main cause of seller files changing by more than 50% compared to their current listings is them applying a change to their file that effects every single item, for example if they change all their prices, add a new column of information, re-number their unique stock code, or perhaps apply a currency conversion to their prices that is based on fluctuating exchange rates.

For sellers that fall into this category we schedule their upload to be processed overnight during off-peak hours.

If you wish for your file to be uploaded in near real time, you will need to ensure that less than 50% of it changes between uploads. Normally you can achieve this by making frequent uploads so that your current listings are as up to date as possible.

To confirm that your file will meet the criteria for near real time uploading, please check the following points:

You are uploading in your native currency and are allowing the netsoundsmusic.com system to manage currency fluctuations - i.e. you are not applying a currency conversion that changes the prices of your items prior to each upload.

You are not changing the prices of your items in any other way, such as increasing or decreasing them by a percentage, prior to uploading.

You have not added or removed an entire column / field of information.

You are not making any other change to your upload that affects every item.

You are not re-numbering your unique stock code for every upload.

If your upload file passes all of the above criteria there should be no reason why our system identifies it as having changed by more than 50% compared to your current listings.

Should you require more information about the above, or require assistance in ascertaining why your file is not able to be uploaded in near real time, please contact us at support@netsoundsmusic.com and we will try to assist you.

Sellers with large databases.
The netsoundsmusic.com system is able to cope with extremely large seller files as long as they meet the criteria for near real time uploading.

Should a seller persist in uploading extremely large files that do not meet these criteria then netsoundsmusic.com reserves the right to suspend uploads for that seller until they comply.

Alternatively the seller may register additional accounts and split their listings across the multiple accounts.

In some cases we may also put a limit on sellers whose files do not meet the criteria for near real time uploading and only allow them to upload their listings once in a fourteen day period, at which point their uploaded file(s) will be processed by the system as soon as possible.

Charges for uploading databases.
Using the bulk upload facility within the seller admin area is free of charge, however netsoundsmusic.com reserves the right to charge any seller a GBP 10.00 for uploading their file on their behalf should they be unable or unwilling to do so themselves. This charge is per file and per account, should the seller have multiple accounts.

Failing to update databases.
Sellers who do not refresh their listings at least once every 90 days will be temporarily suspended from netsoundsmusic.com until an update is received.

Suspension of service.
netsoundsmusic.com reserves the right to suspend the service at any time without notice and without compensation for loss to sellers.

Removal.
netsoundsmusic.com reserves the right to remove or deny sellers from its marketplace for any reason whatsoever without warning.

Unreasonable / dishonest / fraudulant behaviour.
netsoundsmusic.com reserves the right to immediately remove any seller found to be acting in an unreasonable, dishonest or fraudulent way.

Examples of this include listing duplicate items, applying for multiple accounts and listing the same listings on each account, listing other seller's items or listing items that are knowingly unavailable.

Account Termination
Should a seller terminate their account or have their account terminated by netsoundsmusic.com, any outstanding balance owing to that seller shall be paid in accordance with netsoundsmusic.com normal payment cycles, provided that netsoundsmusic.com is satisfied that any orders for which payment has been taken, have been duly despatched by the seller and received by the customer.

Abuse of the netsoundsmusic.com systems.
netsoundsmusic.com reserves the right to immediately remove any seller found to be abusing any of the netsoundsmusic.com systems (for example accessing facilities that they do not have permission to use).

Policies.
All policies, rates and services are subject to change at any time without notice.

Illegal, unlicensed or copyright infringing products.
netsoundsmusic.com does not allow listings for illegal or unlicensed products, or any other items that infringe any copyright, trademark, patent, trade secret or other proprietary rights of any third party.

If we receive notice that these items are being listed on our site, we will take steps to remove the offending items. We will notify the relevant seller of the infringing items and ask them to remove said items. Should the items not be removed within 48 hours of being notified, netsoundsmusic.com will remove the seller's catalogue in its entirety.

The seller will be asked not to list the infringing items again. Should a seller persist in selling the items they will be removed from the site permanently.

After such notice is received, any monies held by netsoundsmusic.com arising from sale of the above will immediately be deducted from the sellers account.

We will also cooperate fully with any investigation into the advertising of these items and provide any information that we may be asked to submit.

Notification of claims of infringement should be made to dmca@netsoundsmusic.com

Fraud and chargebacks.
netsoundsmusic.com can not accept any responsibility or indemnify any seller against any instances of fraud, chargeback or refusal to pay associated with any orders placed through its system. There are certain countries that are high risk countries and it is suggested that sellers think carefully about proceding with orders from these countries. A seller does not have to accept any order forwarded by netsoundsmusic.com.

netsoundsmusic.com will also attempt to recover any losses from a seller where a chargeback has occured and that seller does not have sufficient funds in their account to cover the loss. In the event that netsoundsmusic.com has a credit / debit card on file for that seller we will charge it accordingly.

Commission charges.
Commission rates are currently as follows:-

1) Sales where the seller has processed the payment (SALE6, SALE7, SALE8, SALE9, SALE10):-
netsoundsmusic.com charge 5% commission on ALL orders forwarded EXCEPT duplicate and fraudulent orders. Should an order be forwarded where payment fails, the seller is reponsible for arranging alternative payment with the customer and the 5% commission charge will still apply. In exceptional circumstances only, will this commission charge be waivered.

Should a seller not make payment by the due date, that seller will be suspended from netsoundsmusic.com until payment is received. In addition to this netsoundsmusic.com reserve the right to charge a GBP 20.00 administration charge should that seller wish to be re-instated on the site.

2) Sales where netsoundsmusic.com processes the payment:-
a) Orders generated from the netsoundsmusic.com site (SALE1), from a sellers eStore (SALE3), or from within the "powered by netsoundsmusic.com" facility (SALE4 / SALE5) - 15% of the gross value of sales / refunds processed.
b) Orders processed via the seller's stand alone "FREE TEXT" order form facility (SALE2) - 10% of the gross value of sales / refunds processed.
c) Orders processed via the seller's "Virtual PDQ" charge request facility (SALE11) - 12.5% of the gross value of sales / refunds processed.

The above commission rates are all subject to VAT at the current rate.

Refunds.
Where netsoundsmusic.com has processed a payment on behalf of a seller, netsoundsmusic.com reserves the right to charge commission on any refunds that are instructed by that seller, where an order has been correctly charged in accordance with that seller's previous instructions.

netsoundsmusic.com can only make a refund to the same value as the amount originally charged. Should a seller require a different amount to be refunded, for example to make allowance for a restocking charge, then the seller should make the refund himself directly to the customer.

To request that netsoundsmusic.com refund a customer for a previously charged order, the seller should reply to the original order email that they have received, requesting the total amount to be refunded in GBP. This will ensure that the refund request reaches the correct department and that the required information is contained within the email. Copies of previous orders can be found in the "Seller Admin" area.

Furthermore, netsoundsmusic.com reserves the right to withhold monies owing to a seller, should we believe that it may be necessary to refund the customer at a later date.

Delivery Timescales.
Sellers listing goods on the netsoundsmusic.com site must ensure that goods arrive with the customer within 28 days of the customer's card being charged. It is the seller's responsibility to ensure that this timescale is met.

For any order that does not arrive within this period where netsoundsmusic.com has processed a payment on behalf of the seller, we reserve the right to refund the customer under the netsoundsmusic.com guarantee (unless it becomes apparent that the customer has already contacted their card issuer and instigated charge back proceedings).

For any order that does not arrive within this period where the seller has processed the payment, netsoundsmusic.com reserves the right to refund the customer directly and deduct such amount from any monies owing to the seller, should the seller be unwilling or unable to refund the customer themselves.

Alternatively netsoundsmusic.com reserves the right to temporarily suspend a seller's account until the situation is resolved to the customer's satisfaction.

Availability / charging for items
Where netsoundsmusic.com processes a payment type for a seller, that seller should only confirm availability and the price to charge, when the ordered item is available and ready for immediate despatch. The seller must not confirm availability, nor instruct netsoundsmusic.com to charge the customer, if the item has to be back-ordered, is temporarily unavailable, is out of stock, or if the seller is unable to despatch the order immediately. netsoundsmusic.com reserves the right to immediately remove any seller that does not comply with this.

Where a seller processes their own payments, the seller must not confirm availability, nor charge the customer, if the item has to be back-ordered, is temporarily unavailable, is out of stock, or if the seller is unable to despatch the order immediately. netsoundsmusic.com reserves the right to immediately remove any seller that does not comply with this.

netsoundsmusic.com also reserves the right to immediately remove any seller that attempts to coerce a customer into changing their chosen method of payment for an order, cancels a customer's order, or makes changes to a customer's order, with the intention of avoiding paying netsoundsmusic.com commission charges.

Responding to customer orders
netsoundsmusic.com reserves the right to temporarily suspend any seller's account where orders have not been responded to within 5 days from the date the order was placed. Sellers should therefore remember this when changing the status of their account to "On Holiday" since any orders placed will still need responding to within the 5 day time period. If you are unable to respond to orders within this time period we would recommend that you should set your account to "Inactive".

Responding to customer correspondence
netsoundsmusic.com reserves the right to temporarily suspend any seller's account where customer correspondence has not been responded to within 5 days from the date the last message was left. Sellers should therefore remember this when changing the status of their account to "On Holiday" since any messages left will still need responding to within the 5 day time period. If you are unable to answer customer correspondence within this time period we would recommend that you should set your account to "Inactive".

Sellers that process their own card payments
For a seller to be able to accept their own card payments through the netsoundsmusic.com site, they must have a contract with a credit / debit card Merchant and have the use of a PDQ machine for accepting card payments - THIRD PARTY PAYMENT PROCESSING IS NOT ALLOWED.

If a seller selects "Processed Ourselves" for any of the credit / debit card types listed when applying to join netsoundsmusic.com, or when updating their seller information at a later date, then in order for us to verify their Merchant Account they will be asked to fax, post or email us a copy of either their Merchant Account Agreement or a recent Merchant Account Statement. The seller's application will not be processed, or their account will be temporarily suspended, until we receive this information.

netsoundsmusic.com also reserves the right to occasionally re-verify a seller's ability to process credit / debit card payments themselves by requesting a copy of one of the aforementioned documents as proof that they still have an active Merchant Account Agreement. While this verification is taking place, a seller's account may be temporarily suspended.

Any seller found to be using a third party service to process card payments on their behalf will be removed from netsoundsmusic.com immediately. We will also recover from any outstanding balance that we may owe the seller any lost commissions that would have been due to us had the payment for the orders been processed by netsoundsmusic.com.

New sellers.
netsoundsmusic.com reserves the right to temporarily withhold any payment(s) due to a new seller for a period of up to 90 days from the time that they registered.

netsoundsmusic.com reserves the right to retain a "balance" from any monies owing to a seller on an on-going basis (effectively meaning that the seller will only be paid monies owing over that balance - for example if a GBP 100 balance is retained and a sellers' monies owing amounts to GBP 150, then only GBP 50 will be paid, with the remainder held in the sellers' account).

netsoundsmusic.com reserves the right to charge an administration fee of GBP 20.00 should a seller require to be re-instated in the netsoundsmusic.com listings after having been previously removed for poor or non-performance, or for non-payment of monies owing.

If a seller that has previously been removed from netsoundsmusic.com re-registers, then by doing so that seller is agreeing that netsoundsmusic.com may charge them with any previously owed monies, prior to acceptance of their new application.

netsoundsmusic.com reserves the right to charge a deposit to any seller registering. This deposit will be fully refundable should that seller wish to terminate their agreement with netsoundsmusic.com, provided that the seller has fully complied with netsoundsmusic.com terms and conditions, and their account has been settled in full.

netsoundsmusic.com reserves the right to request credit / debit card details from a seller prior to inclusion in the netsoundsmusic.com database.

Affiliate programme
netsoundsmusic.com will consider all applications for registration to it's affiliate programme. However there are some sites that are deemed not suitable for the programme. These include sites that:-

Promote sexually explicit materials.

Promote violence.

Promote illegal activities.

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Include "netsoundsmusic.com" or variations or misspellings thereof in their domain names.

Otherwise violate intellectual property rights.

For affiliate commission to become payable, the customer must be referred by a LINK on the affiliate's web site. The system will not accept the URL typed into a browser address bar nor will it accept a book-marked URL.

Affiliate commission is only payable for orders referred during the current session, and not for orders made on subsequent sessions, unless the customer returns to netsoundsmusic.com via the affiliates web site link.

netsoundsmusic.com reserves the right to remove orders from an affiliate's account that it deems to have been placed by the affiliate themselves in an attempt to increase their earnings, or in an attempt to gain discount off their own purchases.

Sellers / affiliates monthly payments.
Where a seller or affiliates's monthly payment is below GBP 50.00, netsoundsmusic.com reserves the right to accrue the monies until such time as the accrued monies equal or exceed GBP 50.00. Payment will then be made at the end of the month following the accrual reaching this amount.

Alternatively if a seller requires payment under GBP 50.00, it will be made by PayPal or electronic bank transfer. netsoundsmusic.com reserves the right to retain monies owing to any seller, should they deem that they may become liable to issue refunds in the foreseeable future, resulting from a seller's non or poor performance.

please report any bugs with the netsoundsmusic.com web site to webmaster@netsoundsmusic.com.

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