TERMS &
CONDITIONS
1.
Acceptance
By using the Services of TCM Music Group (called: "TCM Music Group"
in this document), you (called: "client" in this document) agree,
without limitation or qualification, to be bound by, and to comply
with, these Terms and Conditions.
2.
Legal Disclaimer
TCM Music Group, its employees and contractors, act as the
pre-mastering engineer of the clients' recorded product only. TCM
Music Group does not assume any liability for talent payroll, talent
royalties, publisher's royalties, or for any infringement of any
rights by the client, nor does it assume any responsibility for
other costs in the recording of the program. TCM Music Group further
assumes that any information, likeness or performance being
reproduced has been fully cleared by the client. TCM Music Group
shall make whatever use of it at the clients direction, in the full
assumption that the client is entitled to do so. TCM Music Group
therefore assumes no liability by following any or all of the
clients directions. The client hereby agrees to hold us free from
any liability and will hold TCM Music Group, its officers,
directors, and employees harmless from any suit or damages, in tort,
contract, or otherwise, for unauthorized use, copyright infringement
or any other responsibility of any sort or manner.
3.
Limitation of Liability
TCM Music Group shall not be liable under any circumstances for
any incidental or consequential loss or damages, including but not
limited to loss of profits, and the client expressly waives any and
all claims for any such loss or damages. Under no circumstances
shall TCM Music Group liability exceed, nor shall clients available
remedies extend beyond, return of the full fees or charges paid for
any services provided by TCM Music Group.
4.
Archiving
TCM Music Group does not retain any copies of the clients'
project. If the client would like TCM Music Group to keep an Archive
of his/her mastered project, TCM Music Group will do so for an
additional one time fee, based on the size of the project. TCM Music
Group will only Archive material they have worked on. While TCM
Music Group may be able to retrieve the project at any given time,
TCM Music Group can not be held responsible for any partly or
complete loss of the clients project.
5.
Payment
Payment in full is required before TCM Music Group begins any
work.
6.
Terms of Payment
If the client defaults in payment of any invoice on its due
date, or in the event of any proceeding in bankruptcy or insolvency
by or against the client, TCM Music Group, in addition to any
additional rights it has or that it may exercise, shall have the
right: (a) to suspend or discontinue work until it has received
payment in full for work performed; (b) to require cash in advance
to cover further work; (c) to collect late charges of 10% per month
from the due date; and/or (d) to recover all costs of collection,
including lawyer's fees. In the event credit or financial ability of
the client becomes impaired or unsatisfactory in the sole reasonable
judgment of TCM Music Group, TCM Music Group shall have the right at
any time thereafter to change the credit terms with respect to any
further work for the client.
7.
Refund Policy
TCM Music Group does not provide any refunds subsequent to work
commencing on mastering projects. Projects which are scheduled, but
have not been formally commenced, and for which payment has been
received, will be refunded in full upon a client's request, minus a
15% preparation and scheduling fee.
8.
General
This writing, including attachments hereto, is intended by TCM
Music Group and by the client as the final expression of this
agreement and is intended also as a complete and exclusive statement
of the terms and conditions of this agreement. If any term or
condition of this Agreement is held invalid, the remaining terms and
conditions shall continue in full force and effect.
9.
Jurisdictional Issues
This agreement shall be governed by and interpreted in
accordance with the laws of England. Exclusive jurisdiction and
venue for any legal proceedings related to this agreement shall be
in London, England. You hereby consent and submit to the
jurisdiction of such courts for the purposes of litigating any such
action.
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