Terms & Conditions
1. Definitions
“Agreement” means the agreement comprised in the Booking Form and these Conditions.
“Booking” means the hiring of the Studio for the Booking Period.
“Booking Fee” means the fee payable by the Client to the Company for the Booking calculated in accordance with the Company’s published, quoted or usual scale of charges.
“Client” means the person or company who books the Studio or to whom the invoice will bemade out to.
“Client’s Equipment” means equipment brought onto the Company’s premises by the Client, or the Client’s Personnel or any agent or contractor for, and on behalf of the Client.
“Client’s Personnel” refers to persons invited by the Client to enter the Studio during the Booking.
“Company” means Content is Queen Ltd.
“Conditions” means these conditions.
“Master Recording” means the original recording produced for the Client in the course of the Booking.
“Operators” means the staff, freelancers or official representatives of the Company.
“Booking Period” means the period of time which the Client has booked into the Studio.
“Recording” means any single or multi-track audio and/or visual recording or data programming or derivative thereof or any one or more pieces of recorded sound or visual image recorded or used during the Booking including a Master Recording and a Pre Production Master or any Client’s Recording.
“Studio” means the recording studio, including the premises and it’s equipment.
“Studio Breakdown” means a failure or breakdown or unavailability (for any reason) of the Studio which prevents the Client’s use thereof in accordance with the terms hereof.
2. Agreement
These Terms and Conditions alone are to apply to all facilities hired and work done by the Company for the Client and shall prevail over any terms and conditions put forward by the Client.
3. Studio Facilities
3.1 The Company shall make the Studio and the Operators available to the Client for the Booking Period. The Client shall only permit people directly involved in the Recordings to enter the Studio and only during the Booking Period. The Company reserves the right to require any person not so involved to leave the Studio.
3.2 The Client hereby acknowledges that it shall be responsible for:
3.2.1 ensuring the suitability of the Studio for the Client’s purpose;
3.2.2 ensuring that the Client’s Equipment shall be compatible with the Studio;
3.2.3 the technical quality of any recording engineered by personnel provided by the Client;
3.2.4 any problems or damage caused by use of the Client’s own part recorded Media(including any virus damage) and that, accordingly, the Company gives no warranty as to the foregoing.
3.2.5 paying up to £250 for the loss or damage to the Company’s contents, equipment or furniture during Client’s Booking Period. The Client will be responsible for any loss or damage caused by the Client’s invited guests during the Booking Period.
4. Recording Studio Facility Rules
4.1 Sound Levels
The Client hereby acknowledges that the Control of Noise at Work Regulations 2005 have established that prolonged exposure to high noise levels above 85 dB(A) may cause damage to hearing and that both studios and studio users are required, by law, to keep exposures as low as reasonably practicable, and that accordingly:
4.1.1 the Client shall be responsible for noise levels within the Studio;
4.1.2 high noise levels shall not be sustained for long periods;
4.1.3 the Company hereby reserves the right to take such action as it may deem appropriate to maintain tolerable noise levels, and that no claim shall lie against the Company in respect of inconvenience or time lost in the event of such action;
4.2 Smoking
Under no circumstances is smoking permitted inside the studio. Doing so will result in a £250 penalty for each complaint. Smoking is however permitted outside and smokers are required to dispose of used cigarettes and matches accordingly.
4.3 Trash
Please be considerate and dispose of the trash accordingly. The Client is expected to clean up once done using the Studio facilities. In order to do so, use the provided trash containers to dispose of trash. No food or drink shall be permitted in the studio, except for bottled water
4.4 Studio Internet Services
The Studio provides internet access to the Client. Please consult the internet usage terms
below.
4.5 Internet Usage Term
4.5.1 Illegal Copying
The Client may NOT illegally copy material protected under copyright law or make that material available to others. The Client is responsible for complying with copyright law and applicable licenses that may apply to software, files, graphics, documents, messages, and other material.
4.5.2 Frivolous Use
Computer resources are NOT unlimited. Network bandwidth and storage capacity have limits, and all users connected to the network have a responsibility to conserve these resources, as such, the Client must NOT deliberately perform acts that waste computer resources or unfairly monopolize resources to the effect and exclusion of others. These acts include, but are not limited to, sending mass mailings or chain letters, uploading or downloading large files, or otherwise creating unnecessary loads on network traffic associated with non-business related uses of the internet.
4.6.3 Virus Detection
Files obtained from sources outside the Studio including disks brought in, files downloaded from the internet, newsgroups, bulletin boards, or other online services, files attached in emails, and files provided by customers or vendors, may contain dangerous computer viruses that may damage the Company’s computer network. The Client should never download files from the internet, accept e-mail attachments from outsiders, or use disks from outside sources. If the Client suspects that a virus has been introduced into the Studio’s network, the Client must notify the Company immediately.
5. The Fees
5.1 The Client shall, upon receipt of a Proforma invoice, pay the full amount and any other sums payable by the terms of this Agreement and no later than 5 days before the start of the Booking Period.
5.2 The Client shall be liable to pay interest on any overdue sums and payable to the Company from time to time at the rate of four per cent (4%) per annum above HSBC Bank Plc base rate.
5.3 The Fees shall not be reduced on account of:
5.3.1 the Client’s failure to use the Studio for any or all of the Period of the Booking;
5.3.2 the Client’s cancellation of the Booking or any part thereof.
6. Booking and Cancellations
Full deposit is required to confirm all bookings. Cancellation made forty eight hours (48 hours) in advance, will receive full refund. Cancellation made twenty four hours (24 hours) in advance will receive a 50% refund. Cancellation with less than a twenty four hour notice (24 hours) shall result in payment in full due for the types of recording sessions. No further sessions shall be booked, and no materials/equipment will be released until the payment for the cancellation is paid in full.
7. The Client’s Own Media, Personnel and Equipment
7.1 The Client will be responsible for the integrity of the Client’s own part recorded Media and the Company shall not be liable for any deficiency in or caused by such Media.
7.2 The Client hereby warrants, undertakes and agrees that it shall procure that each of the Client’s Personnel shall abide by the Studio’s rules, regulations and health and safety policy and that it shall be responsible:
7.2.1 for the actions of the Client’s Personnel upon the Company’s premises.
7.2.2 for any and all injury, loss or damage to any person’s equipment or premises caused by any act or omission of the Client’s Personnel, or as a result of any defect in or inappropriate specification of the Client’s Equipment or the Client’s own Media.
7.2.3 for the cost of the hire of any Client’s Equipment.
7.2.4 for any costs and expenses incurred by the Company on behalf of the Client at the Client’s request.
7.2.5 for any and all loss or damage to the Client’s Equipment which shall be at the sole risk of the Client.
7.3 The Client shall vacate the Studio and remove all Clients’ Equipment forthwith at the end of the Booking Period. The Company shall be entitled by a 4 (four) weeks’ notice to the Client, to require the Client to collect his/her Equipment and should the Client’s equipment not be collected within this 4 week period, the Company shall be entitled to destroy, or otherwise dispose of the Client’s Equipment as the Company sees fit, without further notice or warning.
8. Recording and Materials
8.1 Recording will be performed onto the Client’s own device, computer or SD Card. The Company will not supply any blank media for recording purposes.
8.2 Notwithstanding any other provision contained within the Conditions, the Client hereby acknowledges and agrees that all risk in the Materials when in transit or otherwise off the Company’s premises shall vest in the Client.
8.3 The Company retains a general lien on any property of the Client Master Recordings and or Materials in its possession for any unpaid balance the Client may owe to the Company. As long as there remains an unpaid Balance owed to the Company by the Client, the Client is not entitled to sell, manufacture, license or distribute the Master Recordings until payment has been made in full to the Company.
9. Indemnity
The Client hereby undertakes to indemnify the Company against any injury, loss, damage, costs, and/or expenses suffered by the Company arising from:
9.1 the Client’s cancellation of the Booking including, and without limitation, any reasonable costs or expenses incurred by the Company in connection with the Booking;
9.2 the Client’s making, use or exploitation of the Recordings;
9.3 the Client’s breach of any of the warranties, obligations or agreements on its part to be observed or performed under the terms of this Agreement;
9.4 any loss or damage caused to the Company by the Client’s use of his/her Personal or Client’s own part recorded Material.
10. Content or Recording
10.1 The Client warrants that nothing whatever shall be included in the Recording (or any software introduced by the Client) which constitutes a breach or infringement of any copyright or which shall be in any way illegal, scandalous, obscene or libellous. The Client will indemnify the Company against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the Company in reference to any such claim. The indemnity shall extend to any amount paid on a lawyer’s advice in respect of any such claim
10.2 The Company shall not be required to reproduce any matter which in its opinion is, or may be, of an illegal, scandalous, obscene or libellous nature.
11. Studio Breakdown Warranty
In the event of a Studio Breakdown, the Company shall, at its option, either replace (as soon as can reasonably be arranged) the Studio facilities to which the Client was entitled by the terms hereof and which have been lost as a result of such Studio Breakdown, or credit or refund to the Client the Booking Fee and shall have no liability or obligation to the Client beyond theseremedies.
12. Post Production Work
12.1 The Company offers the Client the possibility to hire its editing services.
12.2 The Company will use its reasonable endeavours in the performance of these services. The Company warrants that it’s personnel will perform the services with all reasonable skill and care.
12.3 The Client agrees that the successful performance of the services and/or the delivery of the deliverables will be dependent on receiving all the correct information and instructions from the Client, including approvals from the Client. Alterations made by the Client and/or failure to comply with these obligations within these terms and conditions may cause a delay in the services and/or the completion of the deliverables, the Company will bear no liability.
12.4 Charges for the editing services are set out in the quote that the Client receives as part of the hiring process. The Company will be entitled to invoice the client in accordance with the payment schedule agreed between them.
12.5 The Client warrants that it will:
12.5.1 Provide on a timely and on-going basis all materials and information in respect of the services that are to be provided and are reasonably required to execute the contract, and. will obtain such information, licenses, input and approvals as are required to enable the Company to perform its services.
12.5.2 Obtain and pay for (or procuring that the same are obtained and paid for) any and all necessary authorities, licenses and/or third party consents to make or exploit the materials it supplies in connection with the services. The Company shall not be held liable for any of the materials included by the Client that infringes third parties’ copyright.
13. Client’s Recordings
The Company is not obligated to, and generally does not keep hard or soft back-up copies of the Master Recordings, session files or any other data or audio recording related to the Master Recording after the Booking Period. It is the sole responsibility of the client to:
- supply appropriate recordable media to the Company for the purpose of creating a
back-up; - store any session files or audio related to the Master Recording after the Booking
Period.
14. Company’s Overall Liability
14.1 Notwithstanding any other provision contained within this Agreement the Company shall not be liable to the Client or the Client’s Personnel for any:
14.1.1 indirect or consequential loss or damage;
14.1.2 economic loss including, but without limitation, any loss of profits, goodwill or anticipated savings arising from any fault in the Studio or any act or omission of the Company, its servants or agents in respect of this Agreement.
14.2 The Company’s liability under this Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortious or otherwise. All other conditions, warranties, stipulations or other statements whatsoever concerning the Agreement, whether express or implied, by statute, at common law or otherwise however, are hereby excluded.
14.3 The Client accepts as reasonable that the Company’s total liability in respect of the Booking and/or the Post Production Work shall be as set out in this Agreement. In fixing those limits, the Client and the Company have had regard to the price and nature of the Booking and the Recording Work and the terms hereof, and the level of expenses expected to be incurred by the Client in respect thereof and the resources available to each party including insurance cover, to meet any liability.
14.4 Where the booking is made by a consumer as defined in the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, the Sale and Supply of Goods Act 1994 or the Fair Trading Act 1973, the statutory rights of the Client are not affected by these conditions.
15. Force Majeure
Notwithstanding any other term of this Agreement, the Company shall not be liable 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:
● Act of God, explosion, flood, tempest, fire or accident;
● War or threat of war, 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;
● import or export regulations or embargoes;
● strikes, lock-outs or other industrial actions or trade disputes (whether involving
employees of the Company or of a third party);
● difficulties in obtaining raw materials, labour, fuel, parts or machinery;
● power failure or breakdown in machinery.
16. Miscellaneous
16.1 The Client shall procure that neither the Client nor any of the Client’s Personnel shall be held out as an agent of or pledge the credit of the Company.
16.2 This Agreement constitutes the entire agreement between the parties and neither party shall be bound by any other statement or representation made to the other.
16.3 No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto.
16.4 In the event that any part of this Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect
16.5 All notices required to be given hereunder shall be in writing and deemed properly served if delivered by hand or sent by email (PROVIDED that proof of transmission can be produced) to the address or email address respectively of the applicable party specified in the Booking Form on the date of delivery or transmission or if sent by recorded delivery post to such address within two (2) working days of posting.
16.6 This agreement shall be construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
16.7 By making a booking in person, via the Internet or by telephone, the Client agrees to and is bound by the terms & conditions of this agreement.