our terms & conditions.

Introduction & Overview

These Terms and Conditions ("Terms") govern your use of the website and services offered by Ben Marcato Music ("we," "us," "our," or "the Company") operating under the laws of the State of Minnesota, United States of America. By accessing our website, submitting an inquiry, or engaging our services in any capacity, you agree to be bound by these Terms in their entirety.

These Terms are designed to protect both our clients and our business. They have been prepared in accordance with applicable Minnesota statutes -- including the Minnesota Consumer Data Privacy Act (Minn. Stat. Ch. 325M), the Minnesota Prevention of Consumer Fraud Act (Minn. Stat. Ch. 325F, Sec. 68-70), and the Minnesota Uniform Deceptive Trade Practices Act (Minn. Stat. Ch. 325D, Sec. 43-48) -- as well as applicable federal law, including the Copyright Act of 1976 (Title 17 of the United States Code), as amended by the Music Modernization Act of 2018.

If you do not agree with any provision of these Terms, please discontinue use of our website and do not engage our services.

1. Eligibility and Permitted Use of This Website

Our website is intended for use by individuals and organizations who are at least 18 years of age, or who are at least 13 years of age and are acting under the direct supervision and with the consent of a parent or legal guardian. By using this website, you represent and warrant that you meet these eligibility requirements.

This website is provided for the purpose of learning about and engaging the music engraving and notation services offered by Ben Marcato Music. Permitted uses include:

Reviewing information about our services and pricing.
Submitting inquiries, project requests, or correspondence related to our services.
Accessing information necessary to facilitate a business relationship with us.

The following uses are strictly prohibited:

Using the website for any unlawful purpose or in violation of any applicable local, state, or federal law.
Attempting to gain unauthorized access to our systems, data, or communications.
Submitting false, misleading, or fraudulent information.
Reproducing, distributing, or commercially exploiting any content from our website without our prior written consent.
Engaging in any conduct that could damage, disable, or impair our website or interfere with other users.

We reserve the right to deny access to our website, at our sole discretion, to any individual or organization that we believe is using or intends to use the site in a manner inconsistent with these Terms or applicable law.

2. Services

Ben Marcato Music provides professional music engraving, notation, transcription, transposition, and arrangement services. The specific scope, deliverables, timeline, and pricing for each project will be agreed upon in writing between Ben Marcato Music and the customer prior to the commencement of work.

We reserve the right to decline any project request at our sole discretion, including but not limited to requests that would require us to engage in copyright infringement, produce content that violates applicable law, or work with a customer whose conduct has been inconsistent with these Terms.

3. Payment Terms

All fees for services rendered by Ben Marcato Music are agreed upon in writing prior to the commencement of any project. Payment is due in accordance with the schedule stated in the project agreement. We currently accept the following payment methods:

Personal check or business check, made payable to Ben Marcato Music and delivered to the address provided on your invoice.
ACH (Automated Clearing House) electronic transfer, initiated to the bank account information provided on your invoice.

Checks and ACH payments must clear in full before final deliverables are released, unless otherwise agreed upon in writing. Ben Marcato Music reserves the right to assess a returned-check fee in the event that a submitted check is returned by the financial institution for any reason, in accordance with applicable Minnesota law.

All fees are stated in United States Dollars. Invoices are due within the number of days specified on the invoice. Late payments may result in suspension of work on an active project, and Ben Marcato Music reserves the right to seek recovery of outstanding balances through all available legal means, including small claims or civil court proceedings in the appropriate Minnesota jurisdiction.

We do not currently accept credit cards, digital payment services, or cryptocurrency. Any change in accepted payment methods will be reflected in updated Terms and communicated to active clients.

4. Intellectual Property

4.1 Original Arrangements and Compositions

All original musical arrangements and compositions created by Ben Marcato Music, including but not limited to original scores, original notation layouts, original harmonic treatments, and creative editorial decisions made while engraving, are the sole and exclusive intellectual property of Ben Marcato Music. All rights are reserved. No reproduction, distribution, adaptation, public performance, or other use of these original works is permitted without the express prior written consent of Ben Marcato Music.

4.2 Engraving, Transcription, and Transposition Services

When Ben Marcato Music provides engraving, transcription, or transposition services based upon a musical work supplied or identified by the customer, we acknowledge and affirm that the underlying musical content of that work remains the intellectual property of its original creator or the lawful copyright holder. Ben Marcato Music does not claim ownership of any third-party musical content provided to us for the purpose of engraving, transcription, or transposition.

Our work product in these cases, including the notation file, score layout, engraving, and related deliverables, reflects our professional labor and technical expertise. The customer's rights to use the resulting materials are governed by and limited to the rights they lawfully hold in the underlying source work.

4.3 Website and Branded Content

All content on the Ben Marcato Music website, including text, design elements, graphics, logos, and any sample works displayed, is the intellectual property of Ben Marcato Music unless otherwise attributed. All rights are reserved. Unauthorized reproduction or use of any website content is prohibited.

5. Copyright Compliance and Customer Responsibilities

Ben Marcato Music is committed to full compliance with the Copyright Act of 1976, as amended (Title 17 of the United States Code), and the Music Modernization Act of 2018. Customers are solely responsible for ensuring that any project submitted to us complies with applicable copyright law.

5.1 Arrangements of Copyrighted Works -- Required Prior Authorization

Under 17 U.S.C. Section 106(2), the copyright owner of a musical work holds the exclusive right to prepare—or to authorize others to prepare—derivative works based upon that copyrighted work. A musical arrangement, choral transcription, orchestration, or adaptation of a copyrighted song constitutes a derivative work under 17 U.S.C. Section 101 of the Copyright Act.

Accordingly, before Ben Marcato Music can undertake any arrangement or adaptation of a copyrighted musical work, the customer must obtain and provide to us written documentation confirming that the copyright owner (or the authorized licensing agent) has granted permission for the creation of the specific arrangement, transcription, or adaptation requested. This documentation may take the form of:

A signed license or permission letter from the copyright owner or their authorized publishing representative.
Documentation from a performing rights organization or music publisher granting the specific right to arrange the work.
Written confirmation that the work is in the public domain, including the basis for that determination.

Ben Marcato Music will not commence work on any arrangement of a work that appears to be under active copyright protection without such documentation. We reserve the right to request additional documentation at any time and to halt work on a project if concerns regarding copyright authorization arise during the project.

5.2 Customer Representations and Indemnification

By signing and agreeing to a project contract with Ben Marcato Music, the customer represents and warrants that:

They have the lawful right to commission the requested work, including any necessary permissions from copyright holders for arrangement, transcription, or adaptation.
No materials submitted to Ben Marcato Music infringe upon the intellectual property rights of any third party.
They will indemnify, defend, and hold harmless Ben Marcato Music, and its owners and representatives, from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising out of any breach of these representations.

Ben Marcato Music's willingness to undertake a project does not constitute a legal opinion regarding the copyright status of any submitted work and does not relieve the customer of their responsibility to ensure compliance with applicable copyright law.

5.3 Public Domain Works

Engraving, transcription, or arrangement services performed on works that are in the public domain do not require prior authorization from a copyright holder. However, customers should be aware that a new arrangement or engraving of a public domain work may itself generate a new, separately copyrightable work. Any original creative contribution made by Ben Marcato Music in connection with a public domain project remains the intellectual property of Ben Marcato Music, as described in Section 4.1 above.

6. Error Correction Policy

Ben Marcato Music stands behind the quality and accuracy of our work. We offer the following guarantee with respect to engraving and notational errors:

Any engraving or notational error that is determined to be a result of work performed by Ben Marcato Music, including but not limited to pitch errors, rhythmic errors, clef or key signature errors, dynamic markings, articulations, or layout errors attributable to our work, will be corrected at no additional charge to the customer, provided that the correction is requested within one (1) year of the final delivery date established in the original project agreement.

The following clarifications apply to this policy:

This guarantee covers errors that originate in Ben Marcato Music's work. It does not cover changes to the customer's original instructions, revisions reflecting new creative decisions, or corrections to errors present in source materials provided by the customer.
The "final delivery date" refers to the date on which the completed project deliverables were transmitted to or made available to the customer as agreed upon in the project agreement.
Error correction requests must be submitted in writing (email is acceptable) and must identify the specific error(s) with sufficient clarity for us to locate and correct them.
Corrections will be completed within a reasonable timeframe, taking into account the volume and complexity of the errors reported.

After the one-year correction period has elapsed, additional revisions or corrections may be available for a fee, at our discretion.

7. Right to Suspend or Terminate Services

Ben Marcato Music values a respectful, professional, and good-faith relationship with every client. We reserve the right to suspend work on an active project, decline future work, or terminate an existing client relationship, at our sole and reasonable discretion, under the following circumstances:

Abusive, threatening, or harassing conduct directed toward Ben Marcato Music or its representatives, whether in written, verbal, or any other form of communication.
Repeated or willful failure to meet agreed-upon payment obligations.
Submission of materials or project requests that, in our reasonable judgment, would require us to engage in copyright infringement or otherwise violate applicable law.
Provision of materially false or misleading information in connection with a project or payment.
Any conduct that causes or threatens to cause undue harm to the reputation, operations, or legal standing of Ben Marcato Music.
Any other conduct that, in our reasonable judgment, represents a material breach of these Terms or makes it impractical or inappropriate to continue the business relationship.

In the event of a project termination initiated by Ben Marcato Music under this section, the customer will be invoiced for the value of work completed up to the date of termination, at the project rate previously agreed upon, and will be entitled to receive all deliverables completed up to that point. Any deposit or prepayment may be applied to the outstanding balance for work completed.

Nothing in this section limits any other legal remedy available to Ben Marcato Music under applicable law.

8. Limitation of Liability and Disclaimer of Warranties

Ben Marcato Music provides its services with professional care and skill. However, to the fullest extent permitted by applicable law:

Our liability to any customer for any claim arising from our services, whether in contract, tort, or otherwise, shall not exceed the total fees paid by that customer for the specific project giving rise to the claim.
We are not liable for any indirect, incidental, consequential, or punitive damages arising from the use of our services or website, including loss of revenue or missed performance deadlines caused by factors outside our reasonable control.
We do not warrant that our website will be available at all times, free of errors, or secure from unauthorized access.

Nothing in this section is intended to limit any rights that Minnesota consumers may have under Minn. Stat. Section 325G.17 to 325G.20 (Minnesota Consumer Warranty Statutes), or any other non-waivable consumer protection rights under applicable law.

9. Compliance with Minnesota Consumer Protection Laws

Ben Marcato Music conducts its business in compliance with all applicable Minnesota consumer protection statutes, including:

Minnesota Prevention of Consumer Fraud Act (Minn. Stat. Ch. 325F, Sec. 68-70): We do not engage in fraud, misrepresentation, or deceptive practices in any aspect of our business.
Minnesota Uniform Deceptive Trade Practices Act (Minn. Stat. Ch. 325D, Sec. 43-48): We represent our services accurately and do not engage in unfair or deceptive acts of competition.
Minnesota Consumer Warranty Statutes (Minn. Stat. Sec. 325G.17-325G.20): Where applicable to service transactions, we stand behind the quality of our work as described in these Terms.
Minnesota Consumer Data Privacy Act (Minn. Stat. Ch. 325M, effective July 31, 2025): We handle all customer and visitor data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

Customers who believe that Ben Marcato Music has engaged in a deceptive or unfair business practice may contact the Minnesota Attorney General's Office at www.ag.state.mn.us or by calling their consumer protection hotline.

10. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Minnesota, United States of America, without regard to its conflict of law provisions.

We encourage customers who have concerns or disputes to contact us directly in the first instance so that we may attempt to resolve the matter informally and in good faith. If a dispute cannot be resolved informally, both parties agree that it shall be subject to the exclusive jurisdiction of the appropriate courts of the State of Minnesota, and each party consents to personal jurisdiction in Minnesota.

For claims within the jurisdictional limits of Minnesota Conciliation Court (Small Claims Court), either party may bring a claim in the appropriate Minnesota county court without the requirement of prior informal resolution.

Nothing in this section limits the right of either party to seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to prevent immediate and irreparable harm.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, applicable law, or business practices. When changes are made, the "Last Updated" date at the bottom of this webpage will be revised accordingly. Continued use of our website or engagement of our services after any such update constitutes acceptance of the revised Terms.

For active projects, material changes to these Terms will be communicated in writing. Such changes will not retroactively alter the terms of a project already underway without the customer's written consent.

12. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remainder of these Terms, which shall continue in full force and effect. The invalid provision shall be interpreted and reformed to the minimum extent necessary to make it enforceable.

13. Entire Agreement

These Terms, together with our Privacy Policy and any written project agreement entered into between Ben Marcato Music and a customer, constitute the entire agreement between the parties with respect to the subject matter herein, and supersede all prior or contemporaneous oral or written agreements, representations, or understandings relating to that subject matter.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision, and any failure to assert a right or provision under these Terms shall not constitute a waiver of that right or provision.

14. Contact Us

For questions, concerns, or legal notices regarding these Terms and Conditions, please contact us:

ben marcato music

ben@benmarcatomusic.com

benmarcatomusic.com

We are committed to addressing all legitimate legal inquiries and customer concerns in a timely and professional manner.

These Terms and Conditions are governed by the laws of the State of Minnesota, United States of America, and applicable federal law, including the Copyright Act of 1976 (17 U.S.C. Title 17), as amended. Any disputes arising under these Terms shall be subject to the jurisdiction of the appropriate courts of the State of Minnesota.

Last updated: May 21, 2026