General Terms and Conditions
1 – Identity of JB Audio Post Production Ltd
These are the general supply conditions of JB Audio Post Production Ltd, whose registered office is at 2 – 4 Sampson Street, E1W 1NA, London, UK.
Telephone number: +447951592981
Office hours: Monday to Friday from 9:00 – 17:00 hours
E-mail address: [email protected]
2 – Applicability
The provisions of these supply conditions of JB Audio Post Production Ltd are applicable to all offers and quotations of JB Audio Post Production Ltd and to all agreements concluded between JB Audio Post Production Ltd and a client in relation to the supply of services and/or products by JB Audio Post Production Ltd, unless otherwise agreed in writing.
JB Audio Post Production offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
3 – Offers
Quoted prices and specified delivery times can be revoked at any time if JB Audio Post Production Ltd was not able to inspect/listen to the complete script to be recorded, the translated text, or the audio to be processed, or if unforeseen circumstances arise. Quoted prices and deadlines can also be revoked if the activities to be carried out by JB Audio Post Production Ltd differ from that which was initially specified by the client.
3.1 We reserve the right to refuse service to anyone for any reason at any time.
3.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3.3 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3.4 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.5 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3.6 JB Audio Post Production Ltd is acting as an Employment Agency and therefore cannot be held responsible for any non-fulfillment or breach of obligations between the client and the voice talent.
4 – Agreement
4.1 The agreement is concluded at the time of acceptance by the client of the offer and the fulfilment of the conditions set for such.
4.2 We reserve the right to refuse service to anyone for any reason at any time.
4.3 If the client has accepted the offer electronically, JB Audio Post Production Ltd shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the client can withdraw its acceptance.
4.4 If the formation of the agreement takes place by electronic means of communication, JB Audio Post Production Ltd will take the appropriate technical and organisational measures to protect the electronic transfer of data, and it will be responsible for providing a secure web environment. If the client wants to make payment electronically, JB Audio Post Production Ltd will undertake the appropriate security measures for such.
4.5 JB Audio Post Production Ltd may investigate, within the statutory limitations, whether the client can meet its payment obligations and investigate all facts and factors that are important for the responsible conclusion of a distance agreement. If JB Audio Post Production Ltd has sound reasons for not entering into the agreement on the basis of this investigation, it is entitled to refuse an order or request for these reasons or to attach special conditions to the performance of the agreement.
4.6 The client is obligated to only use the productions that fall under the agreement for the agreed purpose. If the client uses the productions for any other purpose, JB Audio Post Production Ltd shall have the right to institute a subsequent claim in accordance with the applicable rates of JB Audio Post Production Ltd.
5.1 JB Audio Post Production Ltd shall charge the standard prices for productions up to 10 minutes in length for web video/corporate films, eLearnings, voice-mails, as well as for regional and national radio and TV commercials, unless otherwise specified. The client is fully aware that JB Audio Post Production Ltd is at all times dependent on its voice talent in this respect. JB Audio Post Production Ltd shall do its utmost, and use the necessary expertise, to try and negotiate the best possible price. However, the price quotation of the voice talent is at all times leading.
5.2 All the prices listed in the offer of products or services are exclusive of VAT.
5.3 Prices are based on recording in the sound studio of the voice talent, unless stated otherwise. Other prices will apply for recording in person in the sound studio that is not owned by the voice talent.
5.4 The prices are based on a recording per script and per production type. In the event several scripts have to be recorded for a single project by the same voice talent, JB Audio Post Production Ltd reserves the right to ask for a price quotation from the relevant voice talent.
5.5 If the same script is used for different media platforms (radio, TV, online etc), these are seen as separate scripts and are quoted individually for each.
Article 6 – Delivery and/or completion periods
6.1 Any specified delivery/completion periods shall at no time be considered as fixed and final deadlines, unless otherwise has explicitly been agreed. If a delivery/completion period is exceeded, the client must issue JB Audio Post Production Ltd with a notice of default in writing. The delivery/completion periods are set in the expectation that there shall be no obstacles for JB Audio Post Production Ltd in supplying the productions or undertaking the activities in question. For the recording of productions up to 10 minutes in length, JB Audio Post Production Ltd applies a supply period of 1 working day.
6.2 If the productions ordered by the client are not accepted by the client after the expiry of the delivery/completion period, these productions shall be stored at its disposal for its account and risk.
6.3 Any specified delivery/completion periods will only commence after the designated voice talent is confirmed as being available, and this has been confirmed to the client.
6.4 A voice talent is at all times entitled to refuse a production without having to give a valid reason for such.
7 – Obligations of the client
The client shall undertake everything reasonably necessary or desirable to make a timely and adequate performance of the supply of an order by JB Audio Post Production Ltd possible, and provide its full cooperation with such, including the issuing of all relevant instructions immediately upon the commencement of the order or at the first possible opportunity, and provide all the necessary and/of relevant audio files, correct scripts, accompanying documentation, audio guides, and tone-of-voice in the online briefing system of JB Audio Post Production Ltd. The client is fully liable for all delay expenses and contract extras if it wholly or partially fails in the fulfilment of the above obligations.
8 – Quality
8.1 Minor abnormalities in voice sound, recording level, time intervals, etc., shall not constitute grounds for rejection.
8.2 Text and/or instructions of a client will be carried out in accordance with the designated copy or written assignment.
8.3 In the event of a re-take, both for tone-of-voice and script rewrites, the audio may sound different from the original. For re-takes for the tone-of-voice, every attempt will be made by JB Audio Post Production Ltd and the voice talent to supply the same quality audio as the original audio. JB Audio Post Production Ltd cannot totally guarantee that the audio will sound exactly the same as the original audio.
9 – Supplied productions
9.1 The supplied audio will be recorded in the sound studio of the relevant voice talent. JB Audio Post Production Ltd is obligated to do its utmost to provide the best quality audio.
9.2 The client has 30 days after the completion of the production to request a re-take of the briefed tone-of-voice from JB Audio Post Production Ltd free of charge. JB Audio Post Production Ltd must be notified in writing or by e-mail if the briefed tone-of-voice in the production does not satisfy the requirements. After the expiry of the aforementioned period of 30 days, the production shall be deemed to have been accepted by the client and/or JB Audio Post Production Ltd reserves the right after this to charge the client a reduced tariff for the recording of a re-take for the tone-of-voice. After a period of three months, JB Audio Post Production Ltd reserves the right to treat any re-take is a new project, and the normal rates will be charged for this.
9.3 If when a recording session in the sound studio of the voice talent takes place the client is present remotely by way of a Creative Control session, then the entitlement to a re-take for the tone-of-voice free of charge will be cancelled. The re-take for the tone-of-voice free of charge will also be cancelled if the voice talent makes the recording in the JB Audio Post Production Ltd facilitated sound studio and not in voice talent’s own sound studio.
9.4 Changes to the briefed tone-of-voice, which result in higher costs, will be charged on to the client. This will also be the case if auditions or casting sessions are carried out by JB Audio Post Production Ltd.
9.5 Unless otherwise is agreed, JB Audio Post Production Ltd will supply raw audio to the client. In other words, audio of the voice-over without any processing, where you can hear breathing, clicks, pops, etc.
9.6 Voice-overs with a length of less than 10 minutes can be supplied within 24 hours. JB Audio Post Production Ltd can supply edit mixes and masters of the productions in further consultation with the client.
10 – Change of the order
10.1 Changes made to the original order, of any nature whatsoever (thus also in the text, in the method of recording or choice of voice, tone-of-voices), which are notified in writing or verbally by or on behalf of the client, which lead to higher costs than those that could have been taken into consideration for the calculation of the prices in the quotation, shall be charged extra to the client. The client is aware that a new recording session will entail additional costs in the event of a change to the order. A recording in the JB Audio Post Production Ltd facilitated sound studio will cost more than a recording in the sound studio of the voice talent.
10.2 Any changes subsequently required in the execution of the order by the client after it has been issued must be notified to JB Audio Post Production Ltd by the client in a timely fashion in writing. If the changes are notified verbally, then the risk for the execution of the changes shall be for the account of the client.
10.3 Changes made to the definitive form by the client can have the consequence that the supply period agreed for the changes might be exceeded by JB Audio Post Production Ltd.
10.4 In the event of a cancellation of the order by the client, any costs incurred by JB Audio Post Production Ltd shall be recovered from the client.
11 – Cost of delivery
The delivery shall take place in a way determined by JB Audio Post Production Ltd. If the client wishes to receive the delivery in a different way, for example by rush or express delivery, then any additional costs associated with such will be for its account.
12 – Complaints
12.1 The client is obligated to carry out a thorough inspection of the work and/or the productions for faults immediately after the delivery/completion, and if such are discovered to inform JB Audio Post Production Ltd immediately of such in writing.
12.2 If the client does not inform JB Audio Post Production Ltd of any faults within 30 days after the date of supply and/or completion, which could have been identified during a thorough inspection, then the client shall be deemed to have accepted that which has been purchased in the condition it was in when it was supplied or completed, and any entitlement to a complaint shall expire.
12.3 JB Audio Post Production Ltd must be given the opportunity to investigate any complaints submitted. In the event of concurrence, then a written statement will be drawn up that must be signed by both parties.
12.4 In the event of a dispute, JB Audio Post Production Ltd must at all times be given the opportunity to resolve the dispute before any compensation or cancellation can take place.
12.5 If a complaint is found to be valid in the opinion of JB Audio Post Production Ltd, JB Audio Post Production Ltd shall either pay fair compensation up to a maximum amount of the invoice value for the productions supplied, or replace the productions supplied, after they have been returned in the original condition, free of charge.
13 – Retention of title
13.1 As long as JB Audio Post Production Ltd has not received payment in full for the execution of work or a purchase/sale under an agreement between the parties, the productions supplied will remain the property of JB Audio Post Production Ltd.
13.2 JB Audio Post Production Ltd has the right to demand the return of these productions and to take repossession of such if the client fails to fulfil its obligations, if it is liquidated, applies for or is granted a suspension of payments, is declared bankrupt, or an attachment is imposed on the productions.
13.3 The client is prohibited from undertaking any act of disposal in relation to the productions sold or supplied as long as it has not fulfilled all of its payment obligations.
14 – Liability
14.1 The liability of JB Audio Post Production Ltd is at all times limited to a maximum of the invoice value, excluding VAT, of the part of the agreement the liability arises out of. The aforementioned liability includes any statutory liability for its personnel and third parties engaged by it, for financial damages and immaterial damages, including consequential damages, which are proven to be attributable to JB Audio Post Production Ltd.
14.2 JB Audio Post Production Ltd is not liable for any additional costs that have been incurred by the client outside of the agreement, such as the hiring of an extra editor.
14.3 The client has full responsibility for the accuracy of any material to be provided. JB Audio Post Production Ltd is not liable for any ambiguity or incompleteness of audio guides, videos, or data that have been made available, and/or any instructions that have been issued, in the broadest sense of the word, by the client. The client moreover declares that the use of the items made available during the execution of the order will not infringe any intellectual property rights of third parties or violate any other rights, and it shall indemnify JB Audio Post Production Ltd against all claims of third parties on such grounds.
14.4 The assessment of the question of whether or not the use of the text to be spoken or the audio supplied by JB Audio Post Production Ltd, or the processing of such, entails such risks will be entirely for the account and risk of the client. The client shall indemnify JB Audio Post Production Ltd against all claims of third parties that arise out of the use of that which has been supplied.
14.5 JB Audio Post Production Ltd is not liable for damage to the property of participants or the client. Moreover, JB Audio Post Production Ltd is not liable for any damage or loss of the documents and information made available in connection with the execution of the agreement.
15 – Intellectual property rights
15.1 JB Audio Post Production Ltd reserves all intellectual property rights on the drafts, text, text and voice proposals, etc., issued by JB Audio Post Production Ltd. The reproduction, publication, or copying of such shall only be permitted with the express written permission of JB Audio Post Production Ltd.
15.2 The client can only use the product supplied by JB Audio Post Production Ltd for a different type of production or for a new project if it pays financial compensation, the amount of which shall be set in consultation with JB Audio Post Production Ltd.
15.3 If the client acts in breach of that provided for under paragraphs 1, 2, and 4 of this article, it shall owe JB Audio Post Production Ltd a fine of £4,000 for each such act, without prejudice to the right of JB Audio Post Production Ltd to claim full compensation for damages.
15.4 If the client wishes recordings of performances of musical works or other sounds made available by the client to be used by JB Audio Post Production Ltd during its work, then the client guarantees that it has the necessary copyrights or other rights pertaining to such.
15.5 The client shall indemnify JB Audio Post Production Ltd against all claims of third parties in relation to payment of the performance and/or mechanical reproduction royalties owed in relation to the musical works or recordings of musical works used by the client.
15.6 Moreover the client shall indemnify JB Audio Post Production Ltd against all claims instituted by third parties due to the exercising by JB Audio Post Production Ltd of the intellectual property rights made available to it by the client. The client shall compensate JB Audio Post Production Ltd for all damages (such to include legal fees and court costs) which JB Audio Post Production Ltd suffers on account of these claims.
16 – Payment
16.1 Unless otherwise has expressly been agreed in writing, the invoices must be paid in advance. JB Audio Post Production Ltd reserves the right to only initiate a production/briefing after it has received payment or when the client can produce proof of payment.
16.2 The client has an obligation to report any errors in the payment details issued or specified immediately to JB Audio Post Production Ltd.
16.3 In the event of non-payment by the client, notwithstanding statutory limitations, JB Audio Post Production Ltd has the right to charge the client for all reasonable costs that have been notified to the client beforehand.
16.4 If (in an exceptional case) payment after delivery/completion has been agreed in writing, payment must be made by the client within 30 days after the invoice date. The payment must be made in British pounds, and by credit transfer to the bank account designated by JB Audio Post Production Ltd. Objections concerning the work or the amount of the submitted invoices shall not suspend the payment obligations of the client.
16.5 If the deadline referred to in 16.4 is exceeded, the client shall be legally in breach of contract after it has been issued with at least one demand for payment to be made within a certain period. In that case, the client shall owe the statutory (commercial) interest on the amount owed as of the date on which the amount owed is due for payment up until the date of payment in full. Furthermore, all debt collection costs, both judicial and extrajudicial, incurred after the client is in breach shall be for the account of the client. The extrajudicial costs shall be set at 15 % of the principal plus interest, without prejudice to the right of JB Audio Post Production Ltd to claim the actual extrajudicial debt collection costs that exceed this amount. The judicial costs shall comprise the total amount of the costs incurred by JB Audio Post Production Ltd, even if this exceeds the statutory liquidation rate.
17 – Other provisions
These terms and conditions are governed by English law. Any disputes between the client and JB Audio Post Production Ltd shall be submitted to the court competent to hear such in London.