1. Introduction
These Terms and Conditions apply to all mastering and mixing services provided by Rainbow Mastering (by appTV Ltd) to the client.
2. Service Description and Delivery
– The services include professional mixing and/or mastering of songs according to the client’s specifications.
– The final product, consisting of the mixed and/or mastered tracks, will be delivered to the client in high-quality WAV file format. Alternative formats can be arranged upon the client’s request.
– Delivery of the final product will be conducted electronically through one of the following methods, as per the client’s preference or provider’s discretion: email, Dropbox, or a direct download link. The client will receive all necessary instructions to access and download the final product.
– The service provider ensures that the digital delivery method is secure and accessible, and will provide support in case of any technical issues during the download process.
3. Client Responsibilities
– The client is responsible for ensuring the quality of the recorded material, proper preparation and arrangement of vocals and instruments, and the completeness of audio files.
– The client must include all necessary notes, requests, and detailed documentation with their material.
– The client must ensure they have the necessary copyrights and ownership rights for all materials submitted.
4. Payments and refunds
– Payments must be made in full before work commences. Payment options are available (PayPal, Credit Card, or Wire Transfer).
– Due to the nature of the services (electronic non-tangible irrevocable goods), refunds are not typically issued. However, credit for future services may be offered at the provider’s discretion.
– In the case of special promotions or discounts, specific terms may apply regarding refunds and service delivery times.
5. Turnaround time
– Turnaround time varies based on the service package selected and the current workload. Estimated delivery times for first drafts and revisions will be communicated.
– Rush services may be available for an additional fee.
6. Revisions
– Specific revision allowances are included in each package, with details on what is covered in revisions provided.
– Turnaround for revisions is typically 5 business days but may vary depending on studio schedule.
– After final approval of a mix, further changes may incur additional fees.
7. Intellectual Property
– The client retains all rights to their original material. The service provider acquires no rights to the client’s music except for performing the contracted services.
– Proper accreditation for the services provided must be visible in the final product.
8. Cancellation Policy
– The client has the right to cancel their order at any time. However, the following conditions apply to cancellations:
8.1 Notification: Cancellation must be communicated to the service provider in writing (via email or a documented message system).
8.2. Refund Policy:
– If cancellation occurs before work commences, a full refund of any payments made will be issued to the client, minus any transaction fees or costs already incurred by the service provider.
– If work has already begun, the amount of the refund (if any) will be determined based on the proportion of work completed at the time of cancellation. This may range from a partial refund to no refund, at the discretion of the service provider.
– For projects with multiple stages (e.g., mixing followed by mastering), if cancellation occurs during an intermediate stage, charges for completed stages are non-refundable.
8.3. Revision Work: If the project is in the revision stage, the client will be responsible for payment proportional to the work completed up to the point of cancellation.
8.4. Rush Orders: For rush orders, due to the expedited nature of the work, cancellation may not be possible once work commences. If cancellation is still desired, no refund will be provided.
8.5. Notice Period: Cancellation requests should ideally be given with a minimum notice period of 24 hours to avoid incurring additional charges for work scheduled to be undertaken in the immediate future.
– The service provider reserves the right to cancel services provision at any time. In such cases, the client will be notified immediately and given a full refund. This is unless the cancellation is due to a breach of terms by the client. This includes non-payment or failure to provide the necessary materials in a timely manner.
9. Liability and Indemnification
– The service provider’s liability is limited to the service fee paid.
– The client agrees to indemnify the provider from any legal actions arising from the use of the services.
10. Storage and Archiving
– Completed projects will be stored for a limited time before being permanently deleted. It is the client’s responsibility to maintain copies.
11. Confidentiality
– All client information and materials will be treated as confidential and not disclosed to third parties without the client’s consent.
12. Dispute Resolution
– In the case of disputes, the parties agree to seek resolution through negotiation or mediation before litigating.
13. Changes to Terms and Conditions
– The service provider reserves the right to modify these terms at any time. Clients are advised to review these terms regularly.
14. Acceptance
– By submitting material and making payment, the client acknowledges that they have read, understood, and agreed to these Terms & Conditions.
15. The Governing Law
– This Agreement shall be governed by and construed according to the laws of Tel-Aviv Israel.
