UNDERTONED Terms of Use



Intellectual property rights
The intellectual property rights of all music and information posted on Undertoned are retained by the artist.
Undertoned does however reserve the rights to be able to display and promote your content through the website, magazine and email.
By subscribing to and supporting artists on the platform, fans gain no intellectual property rights to any music or content listed on the site by any artist.

Site access
Artists and fans will be able to browse the site without an official account but will require such an account to access the full use of the site and content. No exceptions will be made.
Upon opening such an account, all users are required to provide accurate and full details to Undertoned. If the user fails to do so, Undertoned reserves the right to cancel the user’s account at any stage.

Fees
Undertoned reserves the right to change its fee structure at any time, without prior notice.
Undertoned’s current fee structure is as follows:
  • On all monthly subscription fees – 50% of the fee is paid to the musician and 50% is retained by Undertoned and is used for administration of the site, publishing the magazine, supporting our artists and creating extra value for our fans.
  • On all donations, a flat rate of 10% will be retained by Undertoned, the balance will be received by the band

Payment
Payments will be made to artists on the 10th of each month in retrospect for the previous month.
Any payment disputes should be sent to [email protected] Undertoned reserves the right to address such disputes within up to 7 working days.

Payment method
Undertoned processes payments through PayPal, due to its exceptional security and reliability.

Transaction fees
Paypal charges a processing fee that is payable by the beneficiary (musician or band) when payments enter the beneficiary’s account. This fee is payable by the beneficiary and Undertoned is not liable for this cost.
At this point in time it the Paypal fee is 2.9% +$0,30 on each transaction. This would result in a $0.59 fee on a $10,00 transfer or a $3,20 fee on a $100.00 transfer.
Please note that there are transaction fees that are charged by Paypal when funds are transferred to musicians, meaning that the musician will receive the full amount of their 50% of the subscription fee less the Paypal transaction fee.
For example - on a single $3 subscription, the musician's portion is $1.50. After the Paypal fees (2.9% + 30c) the musician would receive $1.16.
The larger the transaction amount to the musician, the lower the fee percentage gets. For example - on a $15.00 payment to the musician, after Paypal fees the musician would receive $14.27.

Cancellation
Undertoned reserves the right to terminate your access to all or any part of the service at any time and without notice, should you breach these terms of use. This may result in the destruction of all information associated with your membership, for which Undertoned will not be liable.
If you wish to terminate your account, then you may do so by:
  • Canceling your subscription on your Paypal account (if you signed up for an ongoing monthly subscription
  • Then email Undertoned on [email protected] and we will remove your account from the site and cancel your magazine subscription
  • If you signed up to a 3- or 6- month subscription block, there is no need to cancel this on your Paypal account – you only need to email Undertoned to cancel.

Refunds
Subscription fees paid on a monthly basis are nonrefundable however fans have the right to cancel future monthly subscription fees. Cancellations will be made from the start of the next calendar month only.
Subscription fees paid in 3- or 6-th month blocks are nonrefundable and cannot be cancelled when still within a current subscription period.
All donations are final and nonrefundable.

Taxation
Undertoned is not responsible for providing taxation information or withholding taxation payments.
Artists are fully accountable for their taxation responsibilities in their various markets.

3rd party site links
Artists will have the ability to link with 3rd party websites in order to promote their music. This is done so at entirely their own risk. Undertoned does not control these 3rd party links and cannot be held liable for any issues that arise through this practice.
In addition, fans may choose to share information about artists on their social channels or other mediums. While we will not condone any abuse or derogatory behavior, Undertoned will not be liable for any information shared.

Achievements
Achievements are based on current fan numbers and not accumulated fans over a lifetime period. No queries on this mechanism will be considered.
Individual achievements are associated with specifically defined rewards. No deviation from these rewards is permitted, unless through written agreement of Undertoned.
Should an artist’s fan count drop below the required level for a particular achievement to unlock, that achievement will remain unlocked. If the artist’s fan count increases to the level required to unlock that specific achievement, the artist will not be eligible for the reward again.

Access to information
Through our registration process, Undertoned will gain access to the contact information of all artists and fans that sign up to the platform.
Undertoned reserves the right to contact all platform members through email from periodically until such time that a member unsubscribes from a particular type of email.

Warranty disclaimer
By making use of the platform, you acknowledge that Undertoned has no control over the users that access to platform; the content on the platform; how it is interpreted or how you feel or what actions you may take as a result of having been exposed to the content.
While we do not condone abusive or derogatory content, Undertoned will not be liable for exposure to any such content viewed on the site and is not liable for taking action against those responsible for such content.
Undertoned reserves the right to remove any content that is reported and deemed abusive or derogatory.

Indemnification
By making use of the platform, you indemnify Undertoned and its directors, employees and contractors against any liabilities, claims and expenses (including legal costs) that may arise from your use of the site.

Limitation of liability
Under no circumstances will Undertoned and its directors, employees and contractors be liable for any loss of income or data damages of any kind whatsoever, regardless of the cause

Dispute resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the province of Johannesburg, and the Republic of South Africa.

Modification of Terms of Use
Undertoned reserves the right, at its sole discretion and without notice, to update or change any of our terms of service.


Mobile Analytics