Before using our Services please read carefully our general terms and conditions.These provide the legal basis for the use of our services. As customer of SounDali you confirm have read, understand and fully accepted our terms and conditions. The use of our services under rejection of our terms and conditions or individual components of the terms is expressly prohibited.
1.Acceptance
By using the Services of SoundDali (hereafter referred to as SD), you (hereafter referred to as “client”) agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions.
2. Legal Disclaimer
SD, its employees and contractors, act as mastering/mixing engineer of the clients’ recorded product only. SD does not assume any liability for talent payroll, talent royalties, publisher's royalties, or for any infringement of any rights by the client, nor does it assume any responsibility for other costs in the recording of the program. SD further assumes that any information, likeness or performance being reproduced has been fully cleared by the client. SD shall make whatever use of it at the clients direction, in the full assumption that the client is entitled to do so. SD therefore assumes no liability by following any or all of the clients directions. The client hereby agrees to hold us free from any liability and will hold SD, its officers, directors, and employees harmless from any law suit or damages, contract, or otherwise, for unauthorized use, copyright infringement or any other responsibility of any sort or manner.
3. Limitation of Liability
SD shall not be liable under any circumstances for any incidental or consequential loss or damages, including but not limited to loss of profits, and the client expressly waives any and all claims for any such loss or damages. Under no circumstances shall SD liability exceed, nor shall clients available remedies extend beyond, return of the full fees or charges paid for any services provided by SD.
4. Approvals
The client will be provided with one or several approval master(s) of his/her material before the final master is being created. Approval or suggested changes to each approval master must be received by SD within 10 days after delivery of each approval master. A project is considered fully approved and will therefore be finalized and delivered to the client, when the client explicitly tells SD so via email, telephone or via any other form of communication or when no approval or suggested changes are received to said approval master within 10 days after the delivery of each approval master.
5. Revisions
All revisions needed prior to the clients final approval of the approval master will be done free of charge. Revisions that the client requests after he/she have already approved the final master, will be charged at the normal rates. Should the client decide to replace one or more of his/her songs with a new mix after the mastering has already been started, additional charges may apply, which will be determined on a case-by-case basis.
6. Archiving
SD does not retain any copies of the clients’ project. If the client would like SD to keep an Archive of his/her mastered project, SD will do so for an additional one-time fee, based on the size of the project. SD will only Archive material they have worked on. While SD may be able to retrieve the project at any given time, SD cannot be held responsible for any partly or complete loss of the clients project.
7. Payment
Please find our actual price list on our website. Billing is always in Euro and will contain 19% tax. Payment is possible by credit card or debit card handled by PayPayl or can be done by direct bank transfer referring to our bill. All prices are subject to be modified without notice at any time. This will only concern future orders not actual orders placed before.
8. Terms of Payment
If the client defaults in payment of any invoice on its due date, or in the event of any proceeding in bankruptcy or insolvency by or against the client, SD, in addition to any additional rights it has or that it may exercise, shall have the right: (a) to suspend or discontinue work until it has received payment in full for work performed; (b) to require cash in advance to cover further work; (c) to collect late charges of 10% per month from the due date; and/or (d) to recover all costs of collection, including attorney’s fees. In the event credit or financial ability of the client becomes impaired or unsatisfactory in the sole reasonable judgment of SD, SD shall have the right at any time thereafter to change the credit terms with respect to any further work for the client.
9. Refund Policy
SD does not provide any refunds subsequent to work commencing on mastering projects. Projects which are scheduled, but have not been formally commenced, and for which payment has been received, will be refunded in full upon a client’s request, minus a 15% preparation and scheduling fee. Once work has commenced on mastering projects, the revision policy set out in part 5 of this disclaimer applies; although refunds are not available once work has commenced, SD will continue to make changes to mastered track(s) upon request, until final approval is received.
10. General
This writing, including attachments hereto, is intended by SD and by the client as the final expression of this agreement and is intended also as a complete and exclusive statement of the terms and conditions of this agreement. If any term or condition of this Agreement is held invalid, the remaining terms and conditions shall continue in full force and effect.
11. Jurisdictional Issues
This agreement shall be governed by and interpreted in accordance with the laws of the UK. You hereby consent and submit to the jurisdiction of UK courts for the purposes of litigating any such action.