Terms and conditons of Online Service
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​These General Terms and Conditions of the Online Service govern the business relationship between Fonogram Studios, Calle Girona 156, 08037 Barcelona (Spain) (hereinafter the "contractor") and the client (hereinafter the "client"). The purpose of these general terms and conditions of the online service is to create a clear basis for cooperation and to define the rights and obligations of both parties.
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1. All services, deliveries, and returns are carried out at the client's expense and risk.
2. The client is the person who places the order in writing or verbally, even if the invoice is issued to a third party. The client is jointly and severally liable with the third party for the invoice amount.
3. The contractor is not required to verify the authority of the person placing the order.
4. Terms of Payment:
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4.1. A service contract binding order is made in one of the following cases:
• Submitting the online service form and sending the audio tracks, as well as the subsequent payment for the service.
4.2. Payments must be made 100% in advance. When the client submits the Online Services form, they are redirected to the service payment page, where they can pay via PayPal or bank transfer. If the client chooses to pay by bank transfer, the contractor agrees to send the relevant documentation (proforma invoice with bank account number) within three business days of receiving the Online Services form.
Once the contractor receives the payment, they have three business days to contact the client to establish delivery dates with the client via email or the phone number provided in the Online Services form.
For amounts equal to or greater than €300, a partial payment of at least 50% may be agreed upon at the express request of the Client. In this case, the Contractor reserves the right to postpone the completion and delivery of the work until full payment of the remaining balance is received.
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• The Client agrees that if payment is not received before completion, the work may be suspended for organizational reasons.
• Any other partial payment agreement requires the Contractor's consent and written confirmation.
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4.3. Invoices are due immediately. If payment is not made in full, the Contractor reserves the right to postpone the completion and delivery of the work until full payment of the remaining balance is received.
4.4. All prices for online services indicated on the Website include VAT.
5. Review and Approval by the Client:
5.1. The Client must verify the accuracy of all services provided by the Contractor.
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5.2. The contractor will send the files for approval and validation via the email address provided by the client in the Online Service form. The contractor is not responsible for the client not receiving the files if the address provided in said form is invalid or the client has changed their email address and has not notified the contractor.
5.3. The client has 30 days to review and approve or reject each revision. Otherwise, the contractor reserves the right to terminate the contract,
with the client's silence deemed acceptance of the work.
5.4. The contractor assumes no liability for damages resulting from the client's lack of inspection.
5.5. Approved processing and production dates are based on our best knowledge and belief, but without guarantee. We do not accept any liability for delays caused by third-party companies, copy shops, distributors, etc.
5.6. Final acceptance of the work by the client will be made in writing by email to the contractor. Once the contractor receives the email confirming acceptance of the work, the contractor will terminate the contractual relationship with the client.
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6. The client is responsible for clarifying and obtaining all third-party rights to the protected works, music, or language used.
7. The contractor is not obligated to verify the legal admissibility of the commissioned content.
The client is responsible for all resulting damages and costs.
8. The contractor is not responsible for delays or errors caused by third-party service providers.
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9. The contractor is only liable for delays caused by their own fault up to the amount of the contracted contribution.
10. Third-party services and indirect damages are excluded from liability.
11. Copyright and Usage Rights:
11.1. All copyright and usage rights to works created by the contractor belong to the contractor until the agreed remuneration has been paid in full. The client is obligated to make full payment before any publication or performance of the work.
11.2. Contractual Penalty: If a publication or performance is carried out without full prior payment, the client agrees to pay a contractual penalty of 5% of the agreed order amount. This contractual penalty will be offset by any additional claims for damages.
11.3. Before publishing the material, the client must submit the final material and name the contractor.
12. Three revisions are included free of charge, provided they are based solely on
the existing, edited audio material.
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13. Change requests requiring the client to provide new or corrected files are always subject to a charge. A processing fee of €30 gross per exchange version will be charged for file exchanges. Work will only continue after the client has accepted the additional costs.
14. Requests for changes to services such as mixing and mastering will be covered within the contracted budget if they occur within 7 business days of the service being contracted.
15. Once the client contracts the service and full payment is received, Fonogram Studios reserves the right not to refund the contracted amount if the client requests a refund or cancellation of the services.
16. Receipt of the Work:
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16.1. Once the contractor receives the materials and payment for the services contracted by the client, the contractor will contact the client either by phone or email within 72 hours.
16.2. The contractor, after reviewing the content received from the client, will assess the scope of the work and inform the client within 3 business days of the date the contractor receives the transfer of payment for the contracted services.
16.3. The client agrees to provide the contractor with the material under the conditions detailed on the website. If these conditions are not met, the contractor is not committed to offering the client an optimal result. It is the contractor's responsibility to inform the client, within three business days of receiving the files and payment for the service, of the possibility of not being able to offer the highest quality of service if the conditions are not met.
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17. Provision of Work to the Client:
17.1. It is the Client's obligation, unless the service of registration or physical and online distribution of the work has been contracted with Fonogram Studios, to provide the Contractor with the ISRC and UPC codes (if applicable). The Contractor will not provide the Client with the final files until the Client provides these codes.
17.2. It is the Client's obligation to provide the Contractor with the cover art, song titles, and all other documentation that the Client requires in the metadata sufficiently in advance (at least three days before the agreed-upon completion date) so that the Contractor can provision the work within the period agreed upon in section 16.2.
17.3. The Contractor will make the completed work available to the Client for download within a period of 7 calendar days after its completion. Within this period, the Client undertakes to download and save the material.
17.4. The client is responsible for downloading and securing the material within the specified timeframe. Permanent archiving by the contractor is neither guaranteed nor required.
17.5. Final files will be provided according to the client's requirements.
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18. Final Provisions:
18.1. The place of performance and jurisdiction is Barcelona.
18.2 Changes and additions to these terms and conditions must be made in writing.
18.3 If individual provisions are ineffective, the effectiveness of the remaining provisions will not be affected.
19. It is the client's responsibility to read the Online Terms of Service before contracting the service. At the time of contracting the service, the contractor assumes that the client is aware of these Online Terms of Service and accepts them.
Should you have any questions or concerns about our Online Terms of Service, you can contact us at info@fonogramstudios.com
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