Terms of Services
TakeAwayStudio.com is an online service owned by SV TAKEAWAY MUSIC PRODUCTIONS LTD hereinafter called “The Company”.
AGREEMENT
1.1 This Agreement shall be considered accepted once the Client has supplied the Company with audio material, the information necessary to begin the session and the Company has received cleared payment for the Service.
SERVICE
2.1 The TakeAwayStudio.com website (hereinafter called “The Website”) is provided “as is”, the Company does not guarantee the constant availability of the website, or available at all. The Company reserves the right to change any information, prices and media content of the Website without notice.
2.2 After the Company has received all necessary information and materials to perform the Service(s), described on the Website, agreed all additional details (if required) and has received a cleared payment - the Company shall consider the order as submitted.
2.3 The Company shall perform the Service as described on the Website at the moment of order submission, using suitable equipment and personnel.
2.4 The Client shall pay the full amount of fees for the Service(s) before any work is done by the Company unless separately agreed or specified in advance.
2.5 The Client retains copyright ownership of all audio and written materials uploaded to the Website. The Company will take all necessary steps to protect the confidentiality of the Client’s materials. Although the Company waives all liabilities for losses, damages, expenses due to unauthorised access to the client's materials, caused by the third party.
2.6 The Company and the Client shall set the Deadline when the demonstrative Approval File(s) shall be sent to the Client via a file transfer method. If the Deadline was not agreed, it shall be considered as follows:
For single mixing service: 96 hours after the order submission
For single mastering: 72 hours after the order submission
For other services, except for music production: 96 hours after the order submission
For album mixing and mastering, deadlines may vary but the Company shall provide the demonstrative Approval File(s) within 14 days after the order has been submitted.
2.7 The Client takes the responsibility of maintaining their account details confidential. The Client is fully responsible for all activities carried out using their account details by third parties.
2.8 The Client shall support the communication with the Company regarding the Order.
2.9 The Client shall provide all necessary instructions to the Company regarding the Order.
2.10 The Company shall provide the demonstrative Approval File(s) as soon as the Service has been completed.
CONTENT
3.1 The Company reserves the right to decline to work with material that they deem to be of insufficient technical quality or to be offensive and unethical.
3.2 The Client is responsible to keep a copy of the Materials prior to the delivery to the Company. The Company waives liability for loss of or damage to the Materials submitted.
3.3 The Client warrants that submitted Materials, which constitutes a breach of infringement of any copyright or which shall be in any way illegal, obscene or provocative, the Client shall indemnify the Company against any liability in respect thereof and shall cover all costs and expenses which may be incurred by the Company in reference to any such claim.
3.4 The Company waives any liability related to the failure of third party services such as internet service providers, server equipment, communication lines, etc.
3.5 The work process details, technical means, equipment settings, and setup remains the intellectual property of the Company.
REFUND
4.1 The Company shall not refund the payment if the work has begun.
4.2 The Company shall refund the Payment for the Order in case of the following:
4.2.1 the Order can not be completed or the Services can not be provided by the Company
4.2.2 the Order is cancelled or refused by the Company
4.2.3 the Company does not meet the previously agreed deadline due to the Company’s fault (if a new deadline under these circumstances was not agreed by both parties)
4.2.4 the Company fails on completion of the Order due to equipment failure or any other studio breakdown
4.3 The Company shall not refund the Client the Payment for the Order in case of one of the following:
4.3.1 demonstrative Approval File was approved by The Client and/or the final Master was sent to the Client via a suitable online file transfer method.
4.3.2 the Client changed his mind about the Order, Service or submitted Materials, special instructions and/or References
4.3.3 the Client fails to communicate for more than 7 days
4.3.4 the Client does not need the Order to be completed under personal circumstances
4.3.5 the Customer approved one of the versions of demonstrative Approval File(s)
4.3.6 the Client has ordered live instrument recording or tracking editing
4.3.7 the Client fails to submit amendment instructions, tweaks, and notes regarding the Order
4.3.8 the Client sends unclear amendments such as “something is wrong”, “I was looking for something different”. The Company requires clear instructions, notes, and references in order to perform the Service.
COMPANY LIABILITY
5.1 the Company's total liability in respect of the Order shall be as set within the limits according to the price and nature of the Order.
5.2 the Company shall not be liable to the Client for any indirect or consequential loss or damage, economic loss, including without limitation any loss of profits or goodwill related to the usage of the Final Product.
5.3 the Client shall indemnify the Company against any injury, loss, damage costs and/or expenses, suffered by the Company caused by:
5.3.1 the Client's use or exploitation of the Final Work or any part of it
5.3.2 the Client's cancellation of the Order including any reasonable costs or expenses incurred by the Company in connection with the Order
5.4 the Company shall not be liable for any loss or damage related to Services performed for free.
FORCE-MAJEURE
6.1 The Company shall not bear any liability for the 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:
6.1.1 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;
6.1.2 import or export regulations or embargoes;
6.1.3 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
6.1.4 difficulties in obtaining raw materials, labour, fuel, parts or machinery.
PRIVACY STATEMENT
Your privacy is important to us and we would like to inform you about how your personal data is used. We will only collect and use your personal data for billing, accounting, order processing, and communication with you. We will never share any of your personal data with third parties. You can always request the deletion of your personal data from our database.