Terms & Conditions

The following terminology applies to these Terms & Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this web site and accepting Burningsound Studio’s Terms & Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Burningsound Studio. “Party”, “Parties”, or “Us”, refers to both the Client and Ourselves, or either the Client or Ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner. Whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Burningsound Studio’s stated services. This is in accordance with and subject to State and Federal Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement & Confidentiality

We are committed to protecting your privacy. Authorized employees within the company only use any information collected from individual customers on a need to know basis. Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services.

Cookies

Like most interactive web sites this Company’s web site uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Disclaimer Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this web site and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this web site and/or the Company’s literature; and

• excludes all liability for damages arising out of or in connection with your use of this web site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Cash and payments made via Paypal are both acceptable methods of payment. Our Terms are 50% of accepted quote before commencement of work, or before confirmation of a particular booking date. If your session over-runs, any additional time will be charged at our standard hourly rate. The balance and any additional cost incurred are due before delivery of productions at the end of each session. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing U.S. Bank’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Clients recording media left on premises thirty (30) days after completion of last recording session or service shall become the property of The Company if all monies due to The Company have not been paid. The Client agrees that the Company offers no forms of return or money back policies. This is due to the nature of recorded digital media and the ease of duplication. Returned checks will incur a $40. charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy

The Client acknowledges that the deposit is not refundable under any circumstances apart from if the Client wishes to cancel the session no later than one week (7 days) prior to recording. Notification of cancellation for instance, in person, via email, mobile phone, “text message”, or any other means will be accepted subject to confirmation in writing. 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.

Termination of Agreements and Refunds Policy

We have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. In the rare instances that the Company must cancel a booking, the Client will either get a rescheduled booking or a refund of any deposits paid.

Terms and Conditions of Use of Studio:

1. All artists using studio space must behave in a manner that is respectful of the building and equipment, and is considerate of other users of the studio.2. Noise outside the facility must be kept to a minimum. If you have a car alarm, you are responsible for making sure that it does not disturb either a recording session in progress or the residents living in the area.

3. If an artist brings equipment into the studio, the artist is solely responsible for the working order of the equipment. The studio reserves the right to refuse to allow the use of such equipment if the studio believes it to be in unsafe condition. A current PAT certificate may be required.

4. Smoking is NOT ALLOWED anywhere within the building, including washrooms and stairwells. If you smoke outside the building, you must be at least five (5) ft from doors and windows. Do not leave cigarette butts on the grounds.

5. Place trash in the receptacles provided, whether on the grounds and inside the building.

6. Alcohol and/or drug use is strictly prohibited anywhere on the property. Any such behavior by the artist or by the artist’s crew or guests will result in immediate termination of the contract and removal of the person(s) from the facility.

7. No beverages of any kind – including water – are to be consumed in the control room or near any equipment.

8. The artist is liable for any and all damage caused by negligence, recklessness, or misconduct of the artist or the artist’s crew, guests, employees, agents of artist acting under artist’s instruction as a result of misuse, negligence and or carelessness.

9. Studio is not responsible for ANY property left on premises by Client, (other than recording media).

Artist Session Notice for Media Backups and Storage

Daily back-up to the studio’s hard drives is free during each recording session. Backing up to the artist’s storage media will be billed at the hourly studio rate.

Onsite hard drive storage is free for one month after the last recording session, and $1 per gigabyte thereafter, billed weekly in advance. Non-payment for storage will result in permanent deletion of the files. Ongoing projects that are booking time on a regular basis (eight (8) or more hours per month) are not subject to this provision.

On average, a thirteen (13) song project recorded on twenty-four (24) tracks at 24bit 48kz along with various other project files will consume approximately sixty (60) Gigabytes of hard drive space, therefore it is required that you purchase an internal SATA II hard drive to meet that capacity. Studio recommends a drive capacity of at least eighty (80) Gigabyte hard drive.

A thirty-two (32) track project will require even more space. Studios recommends that you purchase a larger capacity SATA II hard drive for any project requiring more than twenty-four (24) audio tracks.We recommend at least one hundred and twenty (120) Gigabyte hard drive.

The hard drive used must be new and unopened and can be purchased from any computer retailer. The hard drive you purchase is yours. Because of virus threats and accidental loss of data, do not remove the hard drive from its packaging prior to bringing it to the studio. Also, the hard drive or DVD media must remain in the possession of Studio until your project is finished.

Sound Levels

The Client hereby acknowledges that prolonged exposure to high noise levels above 85 dB SPL may cause damage to hearing and that both studios and studio users are required by law to keep exposures as low as reasonably practicable and that accordingly:

• The Client shall be responsible for noise levels within the Studio,

• High noise levels shall not be sustained for long periods,

• Burningsound Studio hereby reserves the right to take such action as it may deem appropriate to maintain tolerable noise levels and that no claim shall lie against us in respect of inconvenience or time lost in the event of such action.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this web site All brands, trademarks, images, tutorials and articles are the property of their respective owners and additional copyrights may apply. The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this web site are registered and unregistered trade marks of the Web site Owner. Nothing contained on this web site should be construed as granting any licence or right to use any trade mark without the prior written permission of the Web site Owner.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our “Contact” link on our web site

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

By accessing this web site and using our services, you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in the State of Oregon in all disputes arising out of such access. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within Marion County, Oregon. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions, the rates and the equipment from time to time as it sees fit. Changes will be applied without displayed of written or verbal notice. Your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis.

These terms & conditions form part of the Agreement between the Client and ourselves. Your accessing of this web site and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms & Conditions contained herein. Your statutory Consumer Rights are unaffected.