Subscription agreement

1. What we provide

We design, build, host and maintain a website for you, and we give you an administration panel to manage its content yourself. The specific features depend on the plan you are on.

• Artist plan, 99 US dollars per month: a site for DJs, producers and live acts, with a single administration login.
• Label plan, 199 US dollars per month: everything in the Artist plan plus an artist roster, a demo inbox and multiple administration logins with roles.

2. No build fee

We do not charge separately for the design or the build. Those costs are recovered through the monthly subscription over time.

This has a consequence worth stating clearly. Because you have not purchased the design outright, the licence in clause 8 is tied to your subscription rather than transferred to you permanently.

3. Fees, billing and tax

Subscriptions are billed monthly in advance and renew automatically until cancelled. Payments are processed by Stripe. We do not receive, store or have access to your full card details.

Prices are in US dollars and exclude taxes. Where we are required to collect sales tax, VAT or an equivalent, it is added at checkout based on the billing address you provide. You are responsible for giving us accurate billing and tax information, including a valid VAT number where you have one.

We may change prices with at least 30 days notice by email. A price change takes effect at your next renewal, and you may cancel before it applies.

4. Late payment and suspension

This clause describes exactly what the system does, automatically.

• If a payment fails, your site stays online for a grace period of 7 days while we retry the payment and notify you.
• If the grace period ends without a successful payment, the site is suspended. Visitors see a neutral notice that the site is paused. Nothing is deleted.
• Your administration panel stays accessible while suspended, so you can update your payment method and see your content.
• When payment succeeds, the site comes back automatically, normally within a minute.
• If a subscription stays cancelled or unpaid, we keep your content for at least 30 days, during which you can ask us for an export. After that we may delete it permanently.

5. Term, cancellation and termination

There is no minimum term. You may cancel at any time from the billing portal. Cancellation takes effect at the end of the period you have already paid for, and your site stays online until then. We do not refund part-months.

We may terminate this agreement on 30 days notice. We may suspend or terminate immediately if you materially breach clause 6 or clause 7, or if we are required to by law.

On termination you may request an export of your content in a machine-readable format. We will provide it within a reasonable period.

6. Your content and your responsibilities

You keep ownership of everything you put on your site: your music, artwork, photographs, text, logos and any other material. You grant us a non-exclusive licence to host, copy, adapt technically and publicly display that material for the sole purpose of operating your site and, unless you ask us not to, showing your site in our portfolio.

You confirm that you hold the rights you need for everything you upload, including rights to recordings, artwork and photographs. Photographs of people and third-party artwork are the most common problem in practice, so check them before uploading.

You are responsible for the content of demo submissions and other material that visitors send to your site.

7. Acceptable use

You may not use the service to do any of the following.

• Publish material that infringes copyright, trade marks or other rights.
• Publish unlawful, defamatory or harassing material, or material that is illegal to distribute in your jurisdiction or ours.
• Distribute malware, run phishing pages, or attempt to gain access to another client’s data.
• Resell or sublicense the service, or use it as a general file host unrelated to your site.
• Place load on the platform that materially degrades service for other clients.

8. Design, software and licence

We own the platform: the underlying software, the component library, the administration panel and the infrastructure. Nothing in this agreement transfers ownership of any of that to you.

The visual design we produce for you is licensed to you, exclusively as against our other clients, for use on your own site for as long as your subscription is active. We will not reuse your specific design for another client.

If you want to own the design outright and take it elsewhere, tell us. We will quote a one-off buyout, which exists precisely because there was no build fee at the start.

Your domain name is yours. It stays registered in your own account, and you can point it elsewhere at any time.

9. Availability and support

We aim to keep sites available continuously, but we do not offer a guaranteed uptime figure and we do not pay service credits. Hosting depends on third parties, and planned maintenance occasionally requires brief interruption.

Support covers the platform working as described. It does not cover writing your content, sourcing photography or design changes beyond the plan, which we quote separately.

10. Data protection

How we handle personal data is set out in our privacy policy, which forms part of this agreement.

Where you use the service to collect personal data from your own visitors, such as demo submissions or booking enquiries, you are the controller of that data and we act as your processor. The data processing terms in clause 11 apply.

11. Data processing terms

These terms apply where we process personal data on your behalf, and are intended to satisfy Article 28 of the UK and EU GDPR.

• Subject matter: hosting and operating your website. Duration: the term of this agreement.
• Nature and purpose: storage, display and transmission of the content and enquiries you and your visitors submit.
• Categories of data: names, email addresses, messages, uploaded files, and technical data such as IP addresses in server logs.
• Data subjects: your visitors, the people who submit demos or enquiries, and your own team members.
• We process personal data only on your documented instructions, which this agreement and your use of the product constitute.
• We keep personnel with access bound by confidentiality, apply the security measures in clause 12, and assist you with data subject requests and breach notification so far as is reasonable.
• We use the subprocessors listed in our privacy policy and will give notice before adding a new one, so you can object.
• On termination we delete or return personal data in line with clause 4, unless we are required to keep it by law.
• You may audit our compliance once in any twelve-month period on reasonable notice, or accept a third-party report where one is available.

12. Security

Client data is isolated at the database level by row level security, so one client cannot read or modify another client’s data. Traffic is encrypted in transit. Access to production systems is limited to people who need it. Files submitted through demo forms are stored privately and reachable only through short-lived signed links.

No system is perfectly secure. If a breach affects your data we will tell you without undue delay and give you the information you need to meet your own obligations.

13. Disclaimers

Except as expressly stated in this agreement, and to the extent permitted by law, the service is provided as is. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the service will be uninterrupted or error free, or that it will produce any particular commercial result such as search rankings, bookings or sales.

14. Limitation of liability

To the extent permitted by law, neither party is liable for indirect or consequential loss, or for lost profits, lost revenue, lost bookings or lost data.

Our total liability arising out of this agreement is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

15. Indemnity

You will indemnify us against claims brought by a third party arising from content you published through the service, including claims that it infringes their rights, except to the extent the claim results from our own breach of this agreement.

16. Copyright complaints

If you believe material on a site we host infringes your copyright, write to us through the contact form at thetestpress.com/contact with enough detail to identify the work and the material, your contact details, and a statement that you have a good faith belief the use is not authorised. We will investigate and, where appropriate, remove the material and tell the client.

17. If you are a consumer

If you subscribe as an individual rather than in the course of a business, and you live in the European Union or the United Kingdom, you have statutory rights that this agreement does not affect. That includes a right to withdraw within 14 days of subscribing.

Because the service starts immediately, by subscribing you ask us to begin during the withdrawal period. If you then withdraw, you pay for what you have already received. Where local mandatory consumer law conflicts with anything in this agreement, that law prevails.

18. Changes to this agreement

We may update this agreement. For changes that materially affect your rights we will give at least 30 days notice by email, and you may cancel before they take effect. Other changes take effect when published. The date at the top shows when this version was issued.

19. Governing law

This agreement is governed by the laws of the State of Florida, United States, without regard to its conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

If you are a consumer resident elsewhere, this clause does not deprive you of the protection of the mandatory law of your own country, or of the right to bring proceedings there where local law gives it to you.

20. General

This agreement, together with the privacy policy, is the entire agreement between us about the service. If a clause is held unenforceable, the rest continues to apply. Failing to enforce a right is not a waiver of it. You may not assign this agreement without our consent; we may assign it to a successor of our business.

Questions about these terms, and everything else, go to the contact form at thetestpress.com/contact.