Terms & Conditions
1. Mastering work
Odeon-Mastering should carry out the mastering work with all due care and diligence using suitable equipment and competent engineers. For the avoidance of doubt the customer acknowledges and accepts that it is the customer responsibility to ensure that the production master meets with its full satisfaction as aforesaid before proceeding to mass production commercial exploitation of the recording thereon. All track titles, cd titles, artist infos, catalog numbers, ISRC’s and barcodes, where appropriate must be supplied prior to the start of the mastering session. If they are not supplied Odeon-Mastering will continue with the mastering session, but will not include these in the production master. All processing and work details remain the intellectual property of Odeon-Mastering.
2. Recordings and materials
Odeon-Mastering will not return materials to the customer unless otherwise agreed in writing.
3. Content of recording
The customer warrants that nothing whatever should be included in the recording which constitutes a breach of infringement of any copyright or which should be in anyway illegal, scandalous, obscene or libellous and the customer will indemnify Odeon-Mastering against any liability in respect thereof and should pay all costs and expenses which may be incurred by Odeon-Mastering in reference to any such claim Odeon-Mastering should not be required to reproduce any matter which in its opinion is or may be of an illegal, scandalous, obscene or libellous nature. Odeon-Mastering reserve the right to decline to master any material that they deem to be of insufficient technical quality.
4. Work warranty
The customer should promptly notify Odeon-Mastering in writing of any defect in or loss of or damage to the master recording or the post production work of which it is made aware whether as a result of any test carried out by the customer pursuant to clause 3 or otherwise. Odeon-Mastering should use its reasonable endeavours to correct any such defect and to effect replacement of such lost or damaged materials so notified to it or of which it is made aware which are attributable to faulty materials or workmanship or the negligence of Odeon-Mastering. In the event that Odeon-Mastering is unable reasonably to effect such rectification or replacement its liability in respect of any master recording or post production work should be limited to the maximum liability. The content is only for general information and use and is provided on an “as is” and an “as available” basis. We take reasonable care to check the accuracy and completeness of the content prior to its publication on the site. However, because of the nature of electronic distribution via the internet we make no representations and give no warranties as to the accuracy, availability, completeness, merchantability or fitness for any particular purpose of the content. We do not warrant that the content or materials are virus-free or that the operation of the site will be uninterrupted or error free. Any content or material that you download to your computer or otherwise obtain through the site is at your own discretion.
5. Customers recordings
It is condition of this agreement that all customer’s recording’s should have been copied by the customer before delivery to Odeon-Mastering, and that Odeon-Mastering’s liability for loss of or damage to a customer’s recording should be limited to the value of the media on which it is recorded.
6. Company’s overall liability
In the event that the customer should actually suffer any loss or damage arising directly from the negligence or breach of contract or statutory duty of Odeon-Mastering then other than in cases of death or personal injury Odeon-Mastering’s liability therefore should be limited in any event to the Maximum liability in respect of the aggregate of all instances of such negligence and/or breech arising out of Odeon-Mastering’s performance of its obligations under this Agreement Notwithstanding any other provision contained within this agreement Odeon-Mastering should not be liable to the customer or the customer’s personnel for any:
- Indirect or consequential loss or damage
- Economic loss including without limitation any loss of profits or goodwill or anticipated savings arising from any fault in the studio or any act or omission of Odeon-Mastering its servants or agents in respect of this agreement.
Odeon-Mastering’s liability under this agreement should be to the exclusion of all other liability to the customer whether contractual, tortuous 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 howsoever, are hereby excluded. The customer excepts as reasonable that Odeon-Mastering’s total liability in respect of the booking and/or the post production work should be as set out in this agreement: in fixing those limits the customer and Odeon-Mastering have had regard to the price and nature of the booking and the mastering work and the terms hereof, and the level of expenses expected to be incurred by the customer in respect thereof and the resources available to each party including insurance cover, to meet any liability.
7. Force majeure
Notwithstanding any other term of this agreement Odeon-Mastering should not be under any liability for any failure to perform any of its obligations under this agreement due to Force Majeure. Following notification by Odeon-Mastering to the customer of such cause, Odeon-Mastering should 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, 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;
- import or export regulations or embargoes;
- strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Odeon-Mastering or of athird party);
- difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- power failure or breakdown in machinery.
The customer hereby covenants and undertakes to Odeon-Mastering that it should indemnify Odeon-Mastering against any injury loss damage costs and/or expenses suffered by Odeon-Mastering arising from:
- the customer’s cancellation of the booking including without limitation any reasonable costs or expenses incurred by Odeon-Mastering in connection with the booking
- the customer’s making, use or exploitation of the recordings
- the customer’s breach of any of the warranties undertakings or agreements on its part to be observed or performed by the terms of this Agreement.
9. The fees
- Payment is required in full at the completion of all sessions before masters, reference discs or other materials are released, unless otherwise arranged (eg, 50% deposit). Preferred payment methods accepted: cash and bank wire transfer.
- If attending the session in person we appreciate you being there on time or, if running late, notifying us by phone. Further costs may otherwise apply. No-shows or late cancellations of less than 24 hrs notice will be subject to 50% of the quoted cost. All materials, including masters and reference discs remain the property of Odeon-Mastering until payment is received in full.
- I n any event unless otherwise agreed in writing by a director of Odeon-Mastering, the online registration and these conditions alone should apply to all goods supplied, facilities hired and work done by Odeon-Mastering for the customer.
10. Material Ownership
The customer agree that they are responsible for maintaining the confidentiality of their password and account details and are fully responsible for all activities using their password and account details. The customer agree to immediately notify Odeon-Mastering of any unauthorised use of their password or account details and agree to exit (log out), their account at the end of each session. The ownership of all audio or other material the customer upload to the site is retained by them. Whilst Odeon-Mastering will take such steps as they feel appropriate to protect the customers Audio or other materials Odeon-Mastering cannot guarantee the same.
Our company uses the appropriate tools and applications to ensure the protection of your site and the content thereof. However, we can not guarantee for malicious attacks and at the unlikely event of a violation our company will not be held responsible for any theft or corruption of data. Our company has implemented procedures for data recovery and restoration of our systems in order to minimise data loss.