Terms of service
If you (“the Customer”) pay for the services provided you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Sanus Hao’s (“the Company”) relationship with you in regards to this service.
The term “you” refers to the recipient of this service..
The use of this service is subject to the following terms of use:
1. Agreement
This Agreement shall only be accepted and binding on the Company once:
• the Customer has placed an order;
• has supplied the Company with all the audio material (WAV or AIF format) and written information necessary to begin the session; and
• the Company has received cleared payment for the entire session.
2. Pre and post production obligations
The Company shall carry out the work described in the order form 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 incumbent upon them to ensure that the pre production is satisfactory.
3. The Fees
The Customer shall pay the whole of the Fees via Bank Transfer, prior to the start of the session.
4. Recordings and Materials
The Company shall return all materials to the Customer once the session is complete (via email) along with masters.
5. Online Facility
I. 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. 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.
ii. 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 the Company 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.
iii. The ownership of all Audio or other material that a Customer uploads to the Site must also be retained by the Customer. Whilst the Company will take such steps as they feel appropriate to protect the Customer’s Audio or other materials, the Company cannot guarantee the same.
6. Indemnity
The Customer 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 Customer’s cancellation of the booking including without limitation any reasonable costs or expenses incurred by the Company in connection with the booking;
• the Customer’s making, use or exploitation of the recordings; and
• 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.
7. Content of Recording
I. The Customer warrants that nothing whatever shall be included in the recording which constitutes a breach or infringement of any copyright or which shall be in anyway illegal, scandalous, obscene or libellous and the Customer 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.
ii. 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 reserves the right to decline to mix and master any material that they deem to be of insufficient technical quality.
8. Work Warranty
I. The Company guarantees product satisfaction through our Customer approval process. For each song that is mixed and or mastered we will ensure it is tailored to the Customer’s requirements by our engineers before final product delivery.
ii. The customer will receive 2 free revisions. Additional revisions will incur an additional hourly fee that will be discussed with the Customer before the commencement of work.
iii. The Customer understands that the Company’s services will be providing post production. Therefore, the Company will be held blameless for any damaged, badly recorded or produced material. All Customers are encouraged to review their production and recordings to ensure that they have the best possible material for submission.
iv. 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.
9. Product delivery
Final mixes will be delivered in stereo mix in wav or AIF files. The Company will provide an estimated delivery time to the Customer after evaluation of the provided material, and will make every effort to provide the Customer with a final product in a timely and efficient manner. However, the Customer acknowledges that this will be only an estimate of time and additional time may be needed to achieve premium results.
10. Clients Recordings
It is a condition of this Agreement that all Customer Recordings will have been copied by the Customer before delivery to the Company, and that the Company’s liability for loss of or damage to a Customer’s recording is excluded.
11. Company’s Overall Liability
I. In the event that the Customer shall actually suffer any loss or damage arising directly from the negligence or breach of contract or statutory duty of the Company the Company’s liability shall be limited in any event to the minimum 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.
ii. Notwithstanding any other provision contained within this Agreement the Company shall 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 the Company its servants or agents in respect of this Agreement.
iii. The Company’s liability under this Agreement shall 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.
12. 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.
13. Entire agreement
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.
14. Governing law and jurisdiction
This Agreement shall be governed and construed in accordance with the laws of England and Wales [Governing Law] and the Recipient consents to the exclusive jurisdiction of England and Wales for any contractual or non-contractual disputes arising out of this Agreement. The Recipient also agrees that in the event of any breach or threatened breach by the Recipient, the Owner may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect the Owner against any such breach or threatened breach.
15. Refunds
As mixed and mastered work cannot be “undone” once the process has been completed, we do not offer refunds. However, we endeavour to satisfy the customer by revisiting and amending perceived errors. Customers are subject to 2 free revisions, charges may be incurred thereafter.