“Product” herein refers to the commissioned sound recording, delivered in either MP3 or WAV format.
“Customer” herein refers to the person or organisation who commissioned and paid for the sound/s
“Vendor” refers to Listen Up Podcasting
These terms and conditions set out the terms and conditions between you, the customer, and Listen Up Podcasting (“us”, “we”), governing the recording of custom requested sounds to be delivered in Mp3 or WAV format (the “products”). Your ordering and payment of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not purchase, download or use any of our products.
2.0 Intellectual Property and Copyright
2.1 As you the Customer have commissioned Listen Up Podcasting to record specific sound/s as an agent on your behalf. Full payment for the product constitutes a purchase of all intellectual property and copyright related to the commissioned sound. Transfer of Copyright of the sound happens automatically upon delivery of the Product to the Customer by the Vendor via email.
2.2 Once the delivery of the Product/s has been accepted by the Customer, the Customer owns full Copyright of the Product. The Vendor can lay no legal claim to Copyright of the Product from the acceptance of delivery onwards unless the Product comes under dispute for some reason. At which point the copyright and intellectual property reverts back to the Vendor until which time the dispute is settled.
2.3 Any disputed Product/s must not be used until the dispute has been resolved.
2.4 It is the Customers responsibility to ensure all contact details provided to the Vendor are accurate to avoid delays in delivery and communication. If contact details change the Customer is responsible for updating the Vendor.
3.0 Product Delivery
3.1 Delivery of the Product/s to the Customer will be electronically via Email to the details provided at purchase.
3.2 The Product/s are available in Mp3 or WAV format only. The Customer selects which format they prefer at the time of purchase.
3.3 The Vendor will make best efforts to deliver the product/s within 3-7 days of the order being processed and paid for.
3.6 In the event of reasonable delays the Vendor will inform the Customer as soon as possible and provide a new delivery date as close as possible to the original delivery date.
3.7 In the event the Vendor cannot deliver the requested product within a reasonable time frame for any reason then the Vendor will provide a complete refund to the Customer.
4.1 The Vendor will provide an audio badged version of the Product/s for review by the Customer before delivering the clean final unbadged version.
4.2 The Product/s purchase price includes 1 revision to the delivered Product/s.
4.3 All subsequent revisions will be charged at a rate of $2.00 per requested change.
4.4 A complete re-record will be charged at full price unless approved by management.
5.0 Refunds and Returns
5.1 The Vendor does not provide refunds for change of mind or buyers’ remorse.
5.2 Once a product has been delivered and accepted no Refunds will be provided
5.3 If there is something wrong with the performance and/or quality of our Product/s then the Vendor will endeavour to the best of it’s ability to repair or replace the product first.
5.4 If the Vendor is unable to adequately repair or replace the Product/s then a full Refund will be provided.
6.0 Cancellations Policy
6.1 Only the Vendor may, at its sole discretion, allow you to cancel your purchase.
6.2 Cancellation must be advised within 48 hours from the time of purchase. All cancellation requests must be emailed immediately to email@example.com for approval and Refund.
6.3 If a cancellation has been requested within the 48 hour window then a full refund of the purchase price will be granted to the Customer.
6.4 Cancellation requests made outside of the 48 hour approval window will be charged a 50% Cancellation Fee for recording time. Cancellations made after delivery of the review Product/s will be charged at Full Price for production and post-production time.
7.0 Termination of Purchase
7.1 The Vendor reserves the right, at its sole discretion, to restrict, suspend or terminate your purchase and refund your money at anytime, without prior notice or liability.
7.2 The Vendor will not engage in any offensive or defamatory production. Any requests for such material will be rejected at the discretion of the Vendor.
8.0 Warranties and Liability
We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital audio products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Australian law and both us and you irrevocably submit to the exclusive jurisdiction of the Australian courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
10.2 Listen Up Podcasting abides by the Privacy Laws contained within the Privacy Act 1988;
- the National Privacy Principles contained in the schedules to the Privacy Act 1988 and any approved privacy code that applies to any Party;
- all guidelines made by the Privacy Commissioner pursuant to the Privacy Act 1988.
- analogous privacy regulations applicable to Customer, and to Listen Up Podcasting’s use of any Data or Customer’s Personal Information.
“Personal Information” means all information about a person that is collected or otherwise obtained or held by Listen Up Podcasting as a result of this Agreement and that is personal information as defined in the Privacy Laws or is information to which the Privacy Laws apply.
Please do not hesitate to contact us regarding any matter relating to this Listen Up Podcasting Request a Sound Terms and Conditions Policy, via email at firstname.lastname@example.org