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TERMS & CONDITIONS

1. Acceptance
By using the Services of TCM Music Services (called: "TCM Music Services" 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 Services, its employees and contractors, act as the pre-mastering engineer of the clients' recorded product only. TCM Music Services 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 Services further assumes that any information, likeness or performance being reproduced has been fully cleared by the client. TCM Music Services shall make whatever use of it at the clients direction, in the full assumption that the client is entitled to do so. TCM Music Services 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 Services, 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 Services 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 Services liability exceed, nor shall clients available remedies extend beyond, return of the full fees or charges paid for any services provided by TCM Music Services.

4. Archiving
TCM Music Services does not retain any copies of the clients' project. If the client would like TCM Music Services to keep an Archive of his/her mastered project, TCM Music Services will do so for an additional one time fee, based on the size of the project. TCM Music Services will only Archive material they have worked on. While TCM Music Services may be able to retrieve the project at any given time, TCM Music Services 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 Services 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 Services, 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 Services, TCM Music Services 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 Services 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 Services 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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Ted Carfrae trading as TCM Music Services.