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terms & conditions
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1. Definitions
In these terms and conditions the following expression shall (where the context so admits) have the following meanings:
1.1 "Supplier" shall mean voicefinder partnership.
1.2 "User" shall mean the voiceover artists to whom the Supplier supplies the Services
1.3 "Services" means the supply of internet and studio based business services in accordance with these conditions.
1.4 "Conditions" means the terms
and conditions for the supply of services set out in this document and
(unless the context otherwise requires) includes any special terms and
conditions agreed in writing between the Supplier and the User.
1.5 "Contract" means the contract for the supply of services
2. Contract for the provisions of services
2.1 The Supplier shall provide
Services to the User in accordance with any written quotation of the
Supplier which is accepted by the User, or any written order of the
User which is accepted by the Supplier, subject in either case to these
Conditions, which shall govern the contract to the exclusion of any
other terms and conditions subject to which any such quotation or order
as is accepted or purported to be accepted by the User.
2.2 No variation to these
Conditions shall be binding unless agreed in writing between the
authorised representatives of the Supplier and the User.
2.3 The placing of an order or
subscription with voicefinder.biz by the client will be deemed as an
acceptance of these terms and conditions by the client.
2.4 The user may request that their
material be removed from the website in writing. The supplier will
remove the material within 28 days of receipt of notice in writing. The
supplier will reserve the right to remove any material from any user at
any time and return that material to the user subject to liability as
set out in this contract.
2.5 All applying artists allow the Supplier to email them occasionally about voicefinder.biz related topics.
2.6 The supplier is deemed to be an
Internet delivery service only.The supplier does not act on behalf of
any third party or agency or is in any way involved in talent selection.
3. Orders and specifications
3.1 No order submitted by the User
shall be deemed to be accepted by the Supplier until confirmed in
writing by the Supplier's authorised representative.
3.2 The User shall be responsible
to the Supplier for ensuring the accuracy of the terms of any order
(including any applicable specification) submitted by the User, and for
giving the Supplier any necessary information relating to the provision
of services within a sufficient time to enable the Supplier to perform
the Contract in accordance with its terms.The Supplier shall be under
no obligation to take any action to progress the Contract unless and
until the Supplier has received from the User all the information
referred to in this clause.
3.3 The description of
specification for the Services shall be those set out in the Supplier's
quotation (if accepted by the User) or the User's order (if accepted by
the Supplier). No order which has been accepted by the Supplier may be
cancelled by the User except by the agreement in writing of the
Supplier and on terms that the User shall indemnify the Supplier in
full against all loss (including loss of profit), costs (including the
cost of all labour and materials used), damages, charges and expenses
incurred by the Supplier as the result of the cancellation.
3.4 The user undertakes not to
upload any material which is in the opinion of the supplier illegal,
offensive or obscene. The decision of the supplier is final and at the
supplier's absolute discretion.
3.5 The Supplier reserves the right to remove any User it would deem infut to remain on the site
3.6 The Supplier shall be entitled to change these Terms and Conditions for operational, legal or other reasons and shall inform the User of any changes. Where changed General Terms and Conditions are not accepted bythe User, we shall be entitled to an extraordinary termination.
3.7 In case of a provision of this agreement being or becoming ineffective or where the agreement contains a gap that needs to be filled, this shall not affect the effectiveness of the other provisions. The original provision or the gap shall be replaced by a provision closest fulfilling the economic purpose of the agreement, which would have been chosen by the parties if they had been aware of the ineffectiveness of the original provision.
4. Delivery
4.1 The Supplier shall be
responsible for providing the Service requested by the User to the User
in accordance with the requirements of the Contract. Although the
Supplier will use all reasonable endeavours to provide the Services in
accordance with the estimated delivery date quoted all delivery dates
are approximate only and the Supplier shall not be liable for any delay
in the delivery of the Services howsoever caused. Time for delivery
shall not be of the essence unless previously agreed by the Supplier in
writing. Accordingly the Supplier accepts no responsibility or
liability financial or otherwise in the event that the said estimated
delivery date is not complied with.In particular, for the avoidance of
doubt and without limitation of the generality of the foregoing the
Supplier shall not be liable to reimburse the User in respect of any
delayed payments or other penalties for which the User may become
liable to any third party as a result of delay or failure by the
Supplier whether or not the Supplier is aware of the User's potential
liability to pay the same.
4.2 The Supplier shall use
reasonable endeavours to notify the User of any delay in the estimated
delivery date and propose a revised date to the User.Where the reasons
for the said delay are other than those covered in condition 5 (force
majeure) the User shall have the right (within 21 days of the date of
receipt of the notification) to advise the Supplier in writing that it
intends to terminate the Contract forthwith (without liability to the
Supplier other than reimbursement to the Supplier of all costs and
expenses (and of any cancellation charges of the Supplier's
subcontractors or suppliers) incurred by the Supplier up to the date of
termination).Subject of aforesaid the contract shall be deemed to
include the aforesaid revised delivery date and any revision proposed
by the User to the estimated delivery date shall be subject to mutual
agreement.
4.3 The User shall be responsible
for making arrangements for the collection of any work provided under
the contract from such premises as the Supplier shall notify to the
User.
4.4 All files designed and generated on behalf of the client shall remain the copyright of the supplier.
5. Force Majeure
5.1 The Supplier shall not have any
liability in respect of any delay in carrying out or failure to carry
out any of its obligations under the Contract caused by fire, strikes
or other industrial action or dispute, acts of government ,default of
suppliers or subcontractors or any circumstances outside the reasonable
control of the Supplier.
5.2 The Supplier shall have the
right to extend the estimated delivery date by a period of time
sufficient to take due account of the event; as set out in condition 5.1.If
however such extension continues for a period of 6 months the User may
on the expiry of that period terminate the Contract forthwith without
liability to the Supplier other than the reimbursement on the same
terms as provided in condition 4.2.
6. Prices and Payment
6.1 The prices for the provision of
the Services will be the Supplier's quoted price as found on the
internet site www.voicefinder.biz and is liable to change without
notice.
6.2 The Supplier reserves the
right, by giving notice to the User at any time before delivery to
increase the price of the Services to reflect any increase in the cost
to the Supplier which is due to any factor beyond the control of the
Supplier such as without limitation any significant increase in the
costs of labour materials or other costs of manufacture, any change in
delivery dates, quantities or specifications for the Services which are
requested or any delay caused by any instructions given by the User or
the failure of the User to give the Supplier adequate information or
instructions.
6.3 Except as otherwise stated
under the terms of any quotation of the Supplier and unless otherwise
agreed in writing between the Supplier and the User all prices are
given by the Supplier on a next works basis and where the Supplier
agrees to deliver any work to the User the User shall be liable to pay
the Supplier's charges for transport packaging and insurance.
6.4 The price is exclusive of any applicable VAT which the User shall be additionally liable to pay to the Supplier.
6.5 The Supplier shall be entitled
to invoice the User on or at any time after provision of the Services
unless the work is due to be collected by the User or the User
wrongfully fails to take delivery of the work in which event the
Supplier shall be entitled to invoice the User for the price at any
time provided the Supplier has notified the User that the Services had
been completed and the work is ready for collection or (as the case may
be) the Supplier has tended to delivery of the work.
6.6 Payment of all supply invoices
shall be made within thirty (30) working days of the date of the
Supplier's invoice. The time of payment of the price shall be the
essence of the Contract. Receipts for payment will be issued only upon
request. Payment of invoices by standing order will not be receipted
until after a 12 month period.
6.7 Payment of all supply invoices
shall be made within thirty (30) working days of the date of the
Supplier's invoice. The time of payment of the price shall be the
essence of the Contract. Receipts for payment will be issued only upon
request. Payment of invoices by standing order will not be receipted
until after a 12 month period.
(a) cancel any other contracts in existence or suspend the voice over
artist's internet entry and terminate the contract immediately and
without the prior notification of the user
(b) appropriate any payment made by the User to satisfy any other outstanding invoices as the Supplier may think fit;
(c) charge the User interest (both before and after any judgement on
the amount unpaid at the rate of fifteen (15) percent per annum above
Barclays Bank or a base rate from time to time until payment in full is
made.
7. Risk and Property
7.1 Risk of damage to or loss of
property of the user shall reside with the user at all times. No
responsibility is accepted for CDs, photos or other material posted or
delivered to the supplier in any form. CDs and other material will be
returned at the user's expense and again no responsibility is accepted
by the user for any loss or damage in transit.
7.2 Rejected applicants to
voicefinder.biz shall be informed promptly by email and advised that
they will receive their CD and other material returned to them by post
only where a stamped addressed envelope was supplied to voicefinder.biz
when the application was made. Applicants not having supplied a stamped
addressed envelope shall be invited to submit one for the return of
their material. All material still residing with voicefinder.biz will
be disposed of after a period of 30 days from the date that the artist was advised by email that their application was not successful.
8. Defects
8.1 Any error or defect in the
provision of services by the Supplier under the Contract must be
notified to the Supplier in writing within six months of the provision
thereof.On receipt of notification of any suspected defect the Supplier
shall free of charge as soon as possible carry out an investigation in
to the cause thereof and thereafter rectify the same if possible.
8.2 Except as set out above, the
Supplier accepts no liability in respect of any error or defect in any
services or the consequences thereof and gives their warranty in
respect thereof.
8.3 The Services requested are
provided by the Supplier on the basis that it is for the sole use of
the User for the purpose set out at www.voicefinder.biz.All documents,
voice recordings, subtitled programming, graphics and/or captions and
artwork generated by the Supplier for the purpose of fulfilling the
obligations of this contract and all intellectual property rights
therein of whatever nature and wherever subsisting shall be earned by
and invest in the Supplier but subject to the rights of the User.Should
the User use any information provided by the Supplier in the
performance of work for a third party the User will be solely liable to
such third party for any error or defect in such services provided and
all the consequences thereof and shall indemnify the Supplier against
all loss, actions, claims, cost, demands, expenses and liability
whatsoever if any which the Supplier may incur either at common law or
by statute in respect of any loss, damage suffered by a third party by
reason of any error or defect in such services or information provided
or by reason of the consequences of any such error or defect.
9. Economic Loss
The supplier is in no way promoting the services of the users in any
manner that confers approval of or guarantee of the users' services or
their conduct when booked via services supplied by the supplier.
9.1 In no circumstances shall the
Supplier be liable in contract, tort (including negligence or breach of
statutory duty) or otherwise howsoever and whatever the cause thereof:
(i) any increased costs or expenses;
(ii) any loss of profit, business contracts, revenues or anticipated savings;
(iii) any special indirect or consequential damage of any nature
whatsoever arising directly or indirectly out of the provision by the
Supplier of the Services, of any error or defect therein or of the
performance, non-performance or delayed performance by the Supplier of
the Contract.
9.2 The user shall indemnify the
supplier against any and all claims, actions, suits, proceedings,
costs, expenses, damages and liabilities, including reasonable legal
costs, arising out of, connected with services supplied by the supplier.
10. Copyright and warranties
10.1 The user undertakes that they
have previously obtained and paid all due sums and secured all
necessary license and consents for the Internet publication of any
audio uploaded by the supplier.
10.2 The user also undertakes that
no audio supplied by the user will breach the copyright or other rights
of or be defamatory of any third party.
10.3 The user accepts all liability arising from any instance where copyright is challenged by a third party.
10.4 The user agrees to indemnify
the supplier which includes all individuals working for and on behalf
of the supplier, against all actions, proceedings, costs, damages,
expenses, penalties, claims, demands and liabilities arising from any
breach of copyright or license by supply of their audio material and
its inclusion on the website.
10.5 voicefinder.biz requires that
all visitors and users of this website are aware that all references
made to companies and products in the voiceover showreels available to
listeners on this site are for demonstration purposes only and do not
suggest that professional work has been undertaken for the company or
product. Audio contained on this website has been produced and supplied
by the voiceover artists themselves and voicefinder.biz has taken every
care in as far as is practically possible to determine that nothing
defamatory has been said in relation to any company or product
mentioned in any showreel.
11. Limitation of Liability
11.1 The supplier has no obligation
duty or liability in contract, tort for breach of statutory duty or
otherwise beyond a simple duty to exercise diligence and proper care.
The supplier be not be liable in contract, tort (including negligence
or breach of statutory duty) or otherwise for loss (whether direct or
indirect) of business or for any loss whatever.
11.2 In any event, and in no
circumstance shall voicefinder.biz be liable in tort contract
(including negligence or breach of statutory duty or failures of the
server, hardware or associated software and IT related issues) or
otherwise for loss (whether direct or indirect) arising from the
content of any information placed by the client onto the service
provided by the supplier.
12. Likeness, Promotion and Merchandising
12.1 The user grants to
voicefinder.biz the right to use the user's name, voice, likeness,
photograph and biography to advertise or publicise voicefinder.biz
services in any manner or media throughout the world.
The graphics included in this website are believed to
belong in the public domain and are used in good faith. If you have
claim copyright on any graphics used on this website please contact feedback(at)voicefinder.biz and we will remove any copyrighted material that can lawfully be shown to be in copyright - thank you.
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