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NEW DAY SOUND - Live Sound Technician

NEW DAY SOUND - Vocal Recording

NEW DAY SOUND - Portable Budget Recording Solutions

NEW DAY SOUND - Mixing and Mastering

NEW DAY SOUND - TERMS AND CONDITIONS

NOTE: Our Terms & Conditions are currently being reviewed and updated. Please contact us for further information


CONTENT

Definitions
General
Recording
Agreement
Mixing / Mastering / Editing / Post Production Work
The Fees
Recordings And Materials
Online Facility
Indemnity
Content of Recording
Studio Breakdown Warranty
Work Warranty
Client Recordings
Company’s Overall Liability
Force Majeure
Miscellaneous
Payment of Accounts
Your Privacy
Complaints Procedure


The content on this page is the kind of mumbo jumbo that all businesses need. Please read through it at your own leisure as by placing an order with New Day Sound, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

The Client: The company or individual requesting the services of New Day Sound.
New Day Sound : Primary engineer/designer/site owner & employees or affiliates.

General

New Day Sound will carry out work only where an agreement is provided either by email, telephone or post. New Day Sound will carry out work only for clients who are 18 years of age or above. Work can be carried out to minors but proper consent has to be given by the legal guardian. An 'order' is deemed to be a written or verbal contract between New Day Sound and the client; this includes telephone and email agreements.

Recording

Notice of a client's intent to cancel a session must be received by "New Day Sound" no later than 7 days before such session. If notice is not received by "New Day Sound", the client shall be liable for the cost of one half of the time booked. Client's deposit as stated above will be applied by "New Day Sound" in partial satisfaction of such liability. Sessions cancelled the same day of the scheduled session will be liable for the total cost of the booked time.

Half the amount of unused time booked will be charged to the client irrespective of client's failure to arrive for a session on time or in the event that the client must leave the session early. Payment in full for materials and fees is due and payable immediately following each session. "New Day Sound" reserves the right to make other financial arrangements with its clients. Client(s) will pay all New Day Sound legal fees associated with financial collection processes for services rendered by New Day Sound or materials purchased.

No recordings in "New Day Sound" possession shall be released to clients until all open accounts have been settled and all cheques tendered as payment have cleared "New Day Sound" account. Clients assume all risks associated with storing, on or off the premises of New Day Sound, or New Day Sound use of, any and all sound recordings, video recordings, digital data in any storage format including but not limited to audio, video, smpte, midi, or other file types, or equipment of any kind or nature and shall hold "New Day Sound" harmless from any and all damage that might occur to said articles for any reason. "New Day Sound" liability with respect to "downtime" of any and all sessions as a result from equipment malfunction or availability, personnel, hired musicians, acts of nature or public utility companies, etc., shall be limited solely to the time of such booked session; and client(s) agree to hold "New Day Sound" harmless from any and all damages from such "downtime".

"New Day Sound" makes no warranties either express or implied other than those contained herein. "New Day Sound" shall not be liable for unforeseen of consequential damages of any kind. Should "New Day Sound" be unable to conduct a booked session for any reason, then "New Day Sound" warrants that it shall re-book such cancelled booking at another time that is mutually available to "New Day Sound" and the client. Rates, policies, and equipment may change without displayed, written or verbal notice.

Agreement

This Agreement shall only be accepted and binding on the Company once:
• the Client shall have completed making a booking via email
• the Client shall have supplied the Company with all the audio material and written information necessary to begin the session
• the Company shall have received cleared payment for the entire session.
• In any event unless otherwise agreed in writing by a director of the Company, the written agreement via email and these conditions alone shall apply to all goods supplied, facilities hired and work done by the Company for the Client

Mixing / Mastering / Editing / Post Production Work

The Company shall carry out the Work as agreed upon with all due care and diligence using suitable equipment and competent engineers. For the avoidance of doubt the Client acknowledges and accepts that it is incumbent upon the Client to ensure that the Pre Production Master meets with its full satisfaction as aforesaid before proceeding to mass production commercial exploitation of the recording thereon The Eq, Compression, Edit, Mix and Remix details remain the Intellectual Property of the Company.

The Fees

The Client shall pay the whole of the Fees online, prior to the start of the session.

Recordings And Materials

The company shall return all materials to the client once the session is complete (via post or via FTP) along with masters.

Online Facility

The Company grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent.

This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Recreating Samples Mastering Services and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising the Company’s or its affiliates’ names or trademarks without the express written consent. Any unauthorised use terminates the permission or license granted by the
Company.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of www.newdaysound.com as long as the link does not portray www.newdaysound.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.newdaysound.com logo or other proprietary graphic or trademark as part of the link without our express written consent.

The ownership of all Audio or other material the client uploads is retained by them. Whilst the company will takes such steps as they feel appropriate to protect the client's Audio or other materials the company cannot guarantee the same.

FOR THE AVOIDANCE OF DOUBT THE COMPANY HEREBY EXCLUDE ALL LOSSES, DAMAGES, COSTS, EXPENSES OR SUCH OTHER LIABILITIES RELATING TO ANY LOSS OR UNAUTHORISED ACCESS OF THE CLIENTS AUDIO AND/OR MATERIALS.

Indemnity

The Client hereby covenants and undertakes to the Company that it shall indemnify the Company against any injury loss damage costs and/or expenses suffered by the Company arising from:
• the Client’s cancellation of the Booking including without limitation any reasonable costs or expenses incurred by the Company in connection with the Booking
• the Client’s making, use or exploitation of the Recordings
• the Client’s breach of any of the warranties undertakings or agreements on its part to be observed
or performed by the terms of this Agreement

Content of Recording

The client warrants that nothing whatever shall be included in the Recording which constitutes a breach of infringement of any copyright or which shall be in anyway illegal, scandalous, obscene or libellous and 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 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. The Company reserve the right to decline to master any material that they deem to be of insufficient technical quality.

Studio Breakdown Warranty

In the event of Studio Equipment Breakdown the Company shall at its option credit, rebook the session or refund the Client the Fee in respect of the Booking at its discretion.

Work Warranty

The Client shall promptly notify the Company 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 Client pursuant to clause 3 or otherwise. The Company shall 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 the Company In the event that the Company is unable reasonably to effect such rectification or replacement its liability in respect of any Master Recording or Post Production Work shall 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. 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. Any Content or Material that you download to your computer or otherwise obtain is at your own discretion.

Client Recordings

It is condition of this Agreement that all Client Recordings shall have been copied by the Client before delivery to the Company, and that the Company’s liability for loss of or damage to a Client’s Recording shall be limited to the value of the media on which it is Recorded.

Company’s Overall Liability

In the event that the client shall actually suffer any loss or damage arising directly from the negligence or breach of contract or statutory duty of the Company then other than in cases of death or personal injury the Company’s liability therefore shall 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 the Company’s performance of its obligations under this Agreement.

Notwithstanding any other provision contained within this Agreement the Company shall not be liable to the Client or the Client’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 or any act or omission of the Company its servants or agents in respect of this Agreement The Company’s liability under this Agreement shall be to the exclusion of all other liability to the Client 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 Client excepts 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 Mastering 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.

WHERE THE BOOKING IS MADE BY A CONSUMER AS DEFINED IN THE SALE OF GOODS ACT 1979, THE SUPPLY OF GOODS AND SERVICES ACT1982, 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.

Force Majeure

Notwithstanding any other term of this Agreement the Company shall not be under any liability 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, 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 the Company or of a third party);
• difficulties in obtaining raw materials, labour, fuel, parts or machinery;
• power failure or breakdown in machinery

Miscellaneous

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. 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. No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto 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. All notices required to be given hereunder shall be in writing and deemed properly served if delivered by hand or sent by email to the address respectively of the applicable party on the date of delivery or if sent by recorded delivery post to such address within two (2) working days of posting

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is New Day Sound's policy that any outstanding accounts for work carried out by New Day Sound or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with New Day Sound.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or if New Day Sound have not been contacted regarding the delay, access to work completed may be denied and/or destroyed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their service provided by New Day Sound should raise the matter directly using our online contact form, giving sufficient information (including url links) and clearly outlining the grounds for complaint.

New Day Sound will approach the individual responsible for the material in question with a view of resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to New Day Sound, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

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