TakeAwayStudio.com is an on-line service owned by SV TAKEAWAY MUSIC PRODUCTIONS LTD hereinafter called “The Company”.
1.1 This Agreement shall be considered accepted once the Client has supplied the Company with audio material, the information necessary to begin the session and the Company has received cleared payment for the Service.
2.1 The TakeAwayStudio.com website (hereinafter called “The Website”) is provided “as is”, the Company does not warrant that this website will be constantly available, or available at all. The Company reserves the right to alter any information, prices and media content of the Website without notice.
2.2 After the Company has received all necessary information and materials to perform the Service(s), described on the Website, agreed all additional details (if required) and has received a cleared payment - the Company shall consider the order as submitted.
2.3 The Company shall perform the Service as described on the Website at the moment of Order submission, using suitable equipment and personnel.
2.4 The Client shall pay the full amount of fees for the Service(s) before any work is done by the Company, unless separately agreed or specified in advance.
2.5 The Client retains copyright ownership of all audio and written materials uploaded to the Website. The Company will take all necessary steps to protect the confidentiality of the Client’s materials. Although the Company waives all liabilities for losses, damages, expenses due to unauthorised access of the clients materials.
2.6 The Company and the Client shall set the Deadline when the demonstrative Approval File(s) shall be sent to the Client via a file transfer method. If the Deadline was not agreed, it shall be considered in a reasonable timeframe.
2.7 The Client takes the responsibility of maintaining their account details confidential. The Client is fully responsible for all activities carried out using their account details by third parties.
2.8 The Client shall support the communication with the Company regarding his/her Order.
2.9 The Client shall provide all necessary instructions to the Company regarding his/her Order.
2.10 The Company shall provide the demonstrative Approval File(s) as soon as the Service has been completed.
3.1 The Company reserves the right to decline to work with material that they deem to be of insufficient technical quality.
3.2 The Client is responsible to keep a copy of his/her Materials before delivery to the Company, and that the Company's liability for loss of or damage to the Materials submitted shall be excluded.
3.3 The Client warrants that submitted Materials, which constitutes a breach of infringement of any copyright or which shall be in any way illegal, obscene or provocative, the Client shall indemnify the Company against any liability in respect thereof and shall cover all costs and expenses which may be incurred by the Company in reference to any such claim.
3.4 The Company waives any liability related to the failure of third party services such as internet service providers, server equipment, communication lines etc.
3.5 The work process details, technical means, equipment settings and setup remains the intellectual property of Company.
4.1 The term “Money Back Guarantee” is a subject of current Agreement. The following conditions are applied: The Company shall refund the Payment for the Order if the Client is not completely satisfied with the results of the Company's work, as presented on delivery of demonstrative Approval Files. The refund shall be requested by the Client before submitting any amendments.
4.2 The Company shall refund the Payment for the Order in case of the following:
4.2.1 the Order can not be competed or the Services can not be provided by the Company;
4.2.2 the Order is cancelled or refused by the Company;
4.2.3 the Company does not meet the previously agreed deadline due to the Company’s fault (if a new deadline under these circumstances was not agreed by both parties);
4.2.4 the Company fails on completion of the Order due to equipment failure or any other studio breakdown.
4.3 The Company shall not refund the Client the Payment for the Order in case of one of the following:
4.3.1 demonstrative Approval File was approved by The Client and/or the final Master was sent to the Client via suitable online file transfer method;
4.3.2 the Client changed his mind about the Order, Service or submitted Materials, special instructions and/or References;
4.3.3 the Client fails to communicate for more than 7 days;
4.3.4 the Client does not need the Order to be completed under personal circumstances;
4.3.5 the Customer approved one of the versions of demonstrative Approval File(s);
4.3.6 the Client has ordered live instrument recording or tracking editing;
4.3.7 the Client fails to submit amendment instructions, tweaks and notes regarding the Order;
4.3.8 the Client sends unclear amendments such as “something is wrong”, “I was looking for something different”. The Company requires clear instructions, notes and references in order to perform the Service;
4.3.9 The Client’s order has a discount;
4.3.10 The Client’s order value for single Service exceeds 200 Euro or equivalent;
4.3.11 the Client has received more than 1 revision of the final product.
5. COMPANY LIABILITY
5.1 The Company's total liability in respect of the Order shall be as set within the limits according to the price and nature of the Order.
5.2 Company shall not be liable to the Client for any indirect or consequential loss or damage, economic loss, including without limitation any loss of profits or goodwill related to usage of the Final Product.
5.3 The Client shall indemnify the Company against any injury, loss, damage costs and/or expenses, suffered by the Company caused by:
5.3.1 the Client's use or exploitation of the Final Work or any part of it;
5.3.2 the Client's cancellation of the Order including any reasonable costs or expenses incurred by the Company in connection with the Order.
5.4 the Company shall not be liable for any loss or damage related to Services performed for free.
6.1 Notwithstanding any other term of this Agreement the Company shall not be under any liability for any failure to perform any of its obligations under this Agreement due to Force Majeure. Following notification by the Company to the Client of such cause, the Company shall be allowed a reasonable extension of time for the performance of its obligations. For the Purpose of this Condition, 'Force- Majeure' means:
6.1.1 Act of God, explosion, flood, tempest, fire or accident; war or threat of war, terrorist act, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
6.1.2 import or export regulations or embargoes;
6.1.3 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
6.1.4 difficulties in obtaining raw materials, labour, fuel, parts or machinery.