Broadwood Music Website Terms Of Use
This website ("Website") is the property of and is operated by Broadwood Music Productions Ltd ("We"/"Us").
1. Acceptance Of Terms
By accessing this website and using the services offered within, you agree to be bound by the terms and conditions hereby setout which we reserve the right to modify without notice. If you do not wish to be bound by any of these terms and conditions, then you should not use this website or services.
2. The Services
This website offers a variety of audio services including but not limited to recording, mixing, remixing, mastering and other professional audio services at the registered trading address, as a service provided outside of the registered trading address and with other audio professionals around the world. These audio services are offered to a global audience through freelance audio engineers that work under a service agreement with us and provide these audio services to you.
3. Age Restriction
You must be at least 18 years of age to use the Services.
4. Use Of Website And Services
You or the entity that you have the authority to bind in relation to these audio services are solely responsible for any materials including, but not limited to, audio files, session files, audio data, text and other data or information (material) submitted by you to us, so that these audio services as setout in the website can take place.
You agree that any material that you send to us does not infringe any applicable law in respect to any trademark, patent, other proprietary right or intellectual property and as such you warrant and represent that the material that we require to complete the services is material for which you control absolute copyrights. As such you agree to indemnify and hold harmless Broadwood Music Productions Ltd, its Directors, Freelance Engineers, Agents and Associates from any claims, losses, expenses or damages including reasonable legal fees resulting out of any claim against you through this agreement.
As such, you agree that you will use this website in the manner it was intended and that the services offered by Broadwood Music Productions Ltd via this website are as indicated or available. You take full responsibility for the use of this website and the services offered within and agree not use this website in a way that will bring disrepute to the website or use this website other than for the commercial purpose it was created for by Us.
Broadwood Music Productions Ltd retains the right to stop services at any time without notice.
5. Pricing, Taxes And Commencement Of Services
Any pricing indicated within this website will be subject to a goods service tax (GST) depending on the Country in which the service takes place. If the notion of a GST is applicable then the prevailing rate will be added to any pricing as indicated in the website. As such prices are indicated without GST.
All payments for the audio services offered within the website will be payable as per the conditions indicated in the website. In the case of onsite audio services a 50% payment of the estimated total cost is required to confirm any studio time. In the case of unattended mixing, full payment is required before the service is provided unless via prior agreement. All payments are to be made via bank transfer or via a secure third provider (PayPal) before the commencement of any unattended work.
Broadwood Music Productions Ltd provides a 100% guarantee satisfaction for its unattended audio mixing service. This 100% satisfaction guarantee extends to repayment of any work that does not achieve the audio results the client requires. We will provide the client with 2 revisions of the work at which point the client may accept, request further work or reject the mixing audio service.
If the client wishes to continue after 2 revisions, then the client will be charged normal studio and engineer rates at the hourly rate or as agreed at the time.
In the case of unattended mixing when the client rejects the audio mixing and requests a refund, full 100% repayment will be made within 7 days following the receipt of the written request less any financial fees (international bank charges/PayPal fees etc).
In the case that attended mixing is rejected and the client requests a refund; the amount refunded will be calculated based on the portion of time that has been spent mixing the material. For example, if an artist records material at the studio over 2 days and mixes over 1 day, then the studio and engineer time of the 1 mixing day will be refunded. Any agreed repayment will be made within 7 days following the receipt of the written request less any financial fees (international bank charges/PayPal fees etc).
We will provide the client with a sample of any audio services as an MP3 (or other agreed format) until such time as the client signs off the audio mixing service. We will Print and deliver the final files for the client once full payment has been received.
6. Copyright Information
This website is provided for your personal use. The information and content of this website is the sole ownership of Broadwood Music Productions Ltd and as such is subject to intellectual property rights. The content of this site other than that which is made available to download, is not to be copied, reproduced or distributed in part or in whole.
7. Engineer And Producers Credit And Use Of Material
You are required to include a credit for any audio mixing service conducted by our freelance engineers which is distributed to the public. As such we give you authorization to include the following. Mixed by "name of engineer/" at Broadwood Music Productions, Sittingbourne.
You grant the right to the engineer and studio who have successfully completed your audio mix(s) for the sole and unique purpose of demonstration and promoting the work completed by the engineer and studio, the use of mixes, artwork, images, likeness and marks on a non-exclusively basis, in perpetuity and throughout the world.
8. Privacy
Please read our Privacy Policy available on the home page of the Broadwood Music Website
9. Storage Of Materials
Broadwood Music Productions Ltd will retain all materials associated with your project, such as audio stems, session files and electronic correspondence for a period of 6 months from the date of engagement unless otherwise agreed with you. If such materials are held, we cannot be held responsible for loss or damage, either in part or in full during this period and as such you indemnify us from all action against us for the loss of such materials.
Broadwood Music Productions also offers Remote access storage to clients using our audio services via Network Access Storage (NAS) devices. This storage is secure and encrypted and login details will be given to clients so that secure files of personal data can be accessed. If the client agrees to use such a service then the client agrees that Broadwood Music Productions Ltd cannot be held responsible for loss or damage, either in part or in full during this period and as such you indemnify us from all action against us for the loss of such materials.
10. Limitation Of Our Liability
As per the full extent allowable by law, Broadwood Music Productions Ltd, its directors, officers, agents and engineers providing the services to you or associates are not responsible or liable for any direct, indirect or consequential damages arising out the use of this website.
Whilst we will endeavor to ensure that all the services and functions within this website are error free, we do not warrant that the services, the website or servers available to you via the internet will be virus free. As such, and by agreeing to use our services, you warrant that you will assume all the costs of repair or maintenance of any damage caused to your equipment during connection or use of our services.
Notwithstanding the provisions within this Terms and Conditions of Use you agree that the maximum aggregate liability of Broadwood Music Productions Ltd to you arising from any claims that you may have in relation to the services as set out in the website will be limited to the amount equal to the amount paid by you for those services. This does not affect your statutory rights if you are a consumer.
11. Termination
Both parties are allowed to terminate at any point by simple notification by email.
12. Miscellaneous
The governing law of this agreement and claims made be they direct or indirect arising out of this agreement shall be in accordance with the laws of England and as such you agree that the Courts of England shall be used in relation to any disputes arising through this agreement.
Each provision of this Agreement is hereby declared to be separate, severable and distinct.
This Agreement constitutes the entire agreement between Us and you, and any previous agreements, be they oral or written are expressly cancelled.
This agreement does not constitute a joint venture, partnership or agency relationship, and no intention to create any such relationship through this agreement exists.
Under the Third Parties Act 1999, nothing as set out in these terms of website use is intended to give any beneficial rights to any third party / parties or enforce any of its provisions.
We will not be held responsible for any delay or failure to provide our obligations under the terms and conditions as set out due to force majeure and therefore beyond our reasonable control.
This document was last updated on April 05, 2017
