Online Sessions

By onlinesessions.co.uk you agree to the following terms and conditions:

The following terminology applies to these Terms and Conditions and Privacy Statement: ”client”, “you” and “your” refers to you, the person accessing this website and accepting our company’s terms and conditions. “OnlineSessions” “The company”, “ourselves”, “we” and “us”, refers to our company. “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 the company’s stated services, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

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 and products.

What personal information do we collect?

Personal information may be collected in a number of ways when you visit our Site or use the various services and activities available on our Site.  At several places on our Site, we may collect certain information you voluntarily provide to us which may contain personal information.  For example, when you submit our “contact form” or purchase a song demo, or if you send us an email, we may collect personal information such as your name, address, phone and email address and other contact information, as well as demographic, purchase history, and other personal information.  In addition, from time to time we may collect demographic, contact or other personal information, as well as information regarding your preferences and recommendations, you provide in connection with your participation in surveys, sweepstakes, contests, games, promotional offers, and other activities on the Site.

When you visit our Site, some information also may be collected automatically through the use of log files or other records, such as the Internet Protocol (IP) or Media Access Control (MAC) addresses of your computer or networking equipment, your computer’s operating system, the browser type, the address of a referring Web site and your activity on the Site.  We may use this information for purposes such as analyzing trends, administering the Sites, improving customer service, diagnosing problems with our servers, tracking user movement, and gathering broad demographic information for aggregate use.  We may also automatically collect certain information through the use of “cookies.”  Cookies are small data files that are stored on a user’s hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history.  If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information.

What steps do we take to protect your information online?

OnlineSessions.co.uk endeavours to secure your personal information from unauthorized access, use or disclosure by putting into place electronic procedures to safeguard the information we collect through this Site.  Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable.  You should also note that email is not secure, and you should not send any confidential or sensitive information to us via an unsecured email.

Work For Hire

OnlineSessions.co.uk agrees that all work performed for the customer shall be considered as “work for hire” (WFH).

OnlineSessions.co.uk hereby grants to the customer all rights of every kind and nature in and to the results and proceeds of OnlineSessions.co.uk’s services and performances rendered hereunder, including, without limitation, all rights in and to the following Performances, Compositions and/or Masters, including the worldwide copyrights therein, (including the universal copyright and any and all renewal and extension rights) for all uses of whatsoever nature whether now known or hereafter devised, throughout the world and universe. The customer shall accordingly have the sole and exclusive right to copyright any Performances, Compositions and/or Masters embodying OnlineSessions.co.uk’s performances under customer’s name as the sole owner and author thereof.

Turnaround time

Our Turnaround time is usually 72 hours for our track recording service, which means that you will receive a preview file for approval within that time period. Upon approval, please allow an additional 12 hours for us to upload the tracks to our servers for you to download. If you require a full band production the turnaround times can be slightly longer. We can give you an exact delivery date when you request your quote.

If you have a specific deadline, please let us know and we will try our best to meet your requirements. Our turnaround times can be as quick as 2-3 hours, depending on the project.

If your order is missing important information, we will contact you. Our turnaround time will normally be 72 hours from receipt of the requested information. In some very rare cases we reserve the right to extend our turnaround time.

Modifications

For all of our services, we offer the first modification free of charge.

Any additional modification is charged at £20.00. In some rare cases when the modifications are more labour intensive we reserve the right to charge more. Any additional costs will be discussed with you beforehand. Modification requests must be provided within two weeks from the day we send you our preview.

Payment

All Our payments are done via paypal, personal cheque or bank transfer.

Upon order we require a non refundable deposit of 50% of the agreed total price. As soon as the parts are done we will send you a rough mp3 mix with the recorded parts for your approval. If you are happy with the result we will then send you another payment request for the outstanding amount. Upon receipt we will upload all of the uncompressed audio files for you to download.

Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England’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 additional administrative and/or court costs.

Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, 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 and Refunds Policy

Our service is risk-free. You will be able to preview an mp3 file with your tracks before you commit to buy them.

Minimum 24 hours notice of cancellation via email or phone required. We reserve the right to keep 50% of the deposit payment to cover any subsequent expenses.

Your Response

If you fail to respond to an order within one month, the order will be automatically approved and you’ll get the final files without an option to modify the tracks.

Your Warranty to us

The customer is the rightful owner of the Master Recording and/or Composition and all elements contained therein and warrants that it does not violate any law or infringe upon or violate the rights, including without limitation all copyright rights, of any individual or entity. If the customer is not the rightful owner then they warrant to OnlineSessions.co.uk  that they have the necessary and required permission/license from the rightful owner to re-record, edit and/or modify the Master Recording and/or Composition. The customer agrees to indemnify OnlineSessions.co.uk its agents or assignees and hold them free and harmless from and against any and all claims, liabilities, costs, losses, damages or expenses, including but not limited to, reasonable attorney fees and court costs, arising out of any failure or breach by the customer with respect to its warranties as set forth in this Agreement.

Responsibility

OnlineSessions.co.uk is not responsible for loss or damages caused by using its services. The customer waives the right to bring any legal action(s) against OnlineSessions.co.uk and/or its staff due to any damages or loss, financial or otherwise, resulting from customer’s use of our recording, tracking, mixing, editing, mastering or consulting services.

OnlineSessions.co.uk only maintains your tracks for a period of two months following the completion of each project. It is your responsibility to purchase, download and store the source tracks of the master within that time period.

Links to this website

If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

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 website.

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 endeavours 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

The laws of England and Wales govern these terms and conditions. By accessing this website and using OnlineSessions.co.uk’s services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. 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 authorised representatives of the company.

Notification of Changes

OnlineSessions.co.uk reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

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

© OnlineSessions.co.uk 2009 All Rights Reserved