1.1 “the Company” 4 Part Music Limited and all divisions thereof.
1.2 “the Customer” means any Person, Firm, Company, Organisation, School or other body contracting for the services and/or goods of the Company.
1.3 “the Contract” means any contract for the supply of Goods now or hereafter made between the Company and the Customer.
1.4 “Goods” means the physical goods supplied to the Customer by the Company and all services rendered by the Company in connection with the supply of those goods.
1.5 “Payment” means the Company’s receipt from the Customer of cleared funds.
1.6 “the Price” means the price(s) of Goods as set out in the Company’s standard rate card from time to time as varied by the Company in writing to the Customer from time to time.
2.1 These conditions together with the description and quality of Goods set out in the customers written order (as accepted by and/or acted upon by the Company) shall constitute the whole Contract between the Company and the Customer and supersede any prior promises, representation, undertakings or implications (whether oral or in writing).
2.2 The Customer acknowledges that it has not entered into the Contract in reliance upon any representation made by or on behalf of the Company in any form or by any person whatsoever.
2.3 The Company’s standard rate card and quotations issued by the Company are not offers capable of acceptance by the Customer.
2.4 Warranties, representations and variations and additions to the Contract may only take effect if expressed in writing and signed by a director of the Company.
2.5 Any standard or other terms and conditions proposed by the Customer whether in correspondence or its order form or by custom or otherwise shall not form part of the Contract regardless of when those terms and conditions are brought to the Company’s attention and notwithstanding any purported stipulation by the Customer to the contrary and these conditions shall prevail.
2.6 No variation to these conditions shall be implied by any indulgence shown to the Customer under this or any other contract between the Company and the Customer nor by any course of dealing between them and no alteration, exclusion or waiver of any of these conditions shall be effective or binding unless made in writing by a director of the Company.
2.7 Where there is any inconsistency between these Terms and Conditions and the customers written order, these Terms and Conditions will prevail.
3. Deposit and Fees
3.1 An initial deposit of £100 is required in order to confirm a booking for a location recording. This deposit is non-refundable unless the Customer provides the Company with at least 90 days notice before the recording is due to take place.
3.2 If no deposit has been received by the Company in relation to a booking, that booking may be changed or cancelled if management so decide, without notice to the client.
3.3 All location recordings are subject to a 50% payment of the outstanding balance before the recording session starts, subject to section 2 below.
3.4 Upon sign off of audio files and CD artwork, the Customer shall pay the total fees outstanding, less monies already paid. If the Customer fails to make a payment, the Company will withhold the recordings until payment has been made in full. Late payments may be subject to additional charges.
3.5 The Company does not operate money back or return policies under any circumstances.
4. School Recordings – Payment
4.1 The majority of recordings undertaken in and for schools do not require the Customer to pay a deposit up front.
4.2 Where an agreement has been made for a number of CDs to be supplied at a cost per disc this will be inclusive of recording and studio time.
4.3 If the Company does not receive artwork files or a confirmed order for a number of CDs within 30 days of the recording session they will invoice your school for the recording session(s) at a rate of £500 per day. This money will be due immediately from the Customer upon receipt of invoice.
4.4 Where clause 4.3 does not apply, payment for school recordings is due in full from the Customer 7 days following delivery of the CDs to the Customer’s premises.
4.5 Late payments in respect of 4.3 and 4.4 above will be subjected to a late payment charge of £12 and statutory interest at the current rate of 8% plus the Bank of England base rate which will accumulate daily until the invoice and additional charges are paid in full.
4.6 Further terms are applicable for Free School Recording Sessions and are available online or by clicking here.
5. Post Production
5.1 Following the recording session either on location or in one of our studios, the Company will edit and master the tracks in accordance with agreements made with the Customer during the recording session.
5.2 All editing and mastering decisions are made by the Company’s Engineers. Whilst the Company will try to accommodate the Customers wishes, the decision of the Company is final.
5.3 Where appropriate and if agreed prior to the recording session, clients will be provided with ‘rushes’ of the files in MP3 format usually via DropBox. These are for approval of edits and overall balance of the audio. Once rushes have been supplied the Customer will be given the opportunity to comment on these audio files.
5.4 The Company will attempt to re-edit the files based on comments received and then re-submit files to DropBox for final approval.
5.5 Any further changes to audio files after work done under 5.3 could be subject to an additional fee being payable by the Customer to the Company.
5.6 If no edits are required by the Customer (which is typically the case with school recordings) daysthen ‘rushes’ will not be supplied unless specifically agreed.
6. Protecting Your Data
6.1 The Company will save all data from recording sessions onto one of our hard drives, and later back them up for long-term storage. There is no charge for this service. Please note that the Company retain ownership of the files, and they are held entirely at the Customers risk.
6.2 There can be bugs in operating systems and software, hardware components that suddenly become defective in hard drive power supplies and IC boards, glitches in the operations of complex computer functions or even acts of God (like a lightning storm) that cause from time to time losses or corruptions in data. Although such losses are extremely infrequent, the Company accepts no liability for the usage or storage of any data or audio files.
6.3 Should the Customer wish to have the original audio files at a later date, the Company reserves the right to charge a modest fee for handing the files over.
6.4 The Company will make a backup of data which has been recorded on location and then back up this again on return to one of our Post Production Studios.
6.5 The Company will keep original data files for a period of 12 months following the recording session. If you require your data kept for longer than a fee will become payable per year for this service.
7.1 Where clients are providing their own artwork then it must adhere to our requirements and fit the appropriate template. The Company can provide templates for creation of artwork on request. Certain templates are available via the Company’s website.
7.1.1 Artwork which is being supplied for the purpose of print should be a minimum of 300 DPI and in CMYK format.
7.1.2 Artwork which does not meet the specification stated in 7.1.1 may not print properly and could be blurred or otherwise unsatisfactory.
7.1.3 Where possible the Company will advise the customer of any potential issues with their artwork files before going to print. However, it is the Customers responsibility to ensure they have provided artwork files which are suitable for printing.
7.1.4 The Company cannot he held liable for any production or quality issues with artwork which does not meet the required specification as referred to in 7.1.1. Further details of Artwork specification can be found on The Company’s website.
7.2 If the Company are designing the artwork based on content received from the client, complete content must be supplied by the Customer in an electronic format either via email or a suitable file transfer system.
7.3 The Company will provide artwork proofs before sending the job to be printed. Once the artwork proofs have been agreed to and signed off by the Customer, no changes can be made.
7.3.1 If artwork proofs are not signed off within 30 days of the design then the Company will delete the files and time spent creating artwork will be charged to the client at the current rate.
7.3.2 In the case of 7.3.1 above, the Customer may also be liable for the full cost of production even when no CD’s have been produced.
7.4 Once the artwork proofs have been signed off by the Customer, a delivery timescale will be agreed between the Company and the Customer.
7.4.1 The Company generally aim to deliver most orders within 10-14 business days following sign off of the Artwork proofs. However this is only a business estimate only and shall not be a term of the Contract. Orders for bespoke products and large numbers of CD’s can often take longer than this. Where possible an estimate of delivery will be provided at the point of order.
7.4.2 The Company shall be under no liability for failure to Deliver the Goods within the time frame stated in 7.4.1
8.1 It is essential that the Customer has obtained copyright clearance for all tracks the Company record prior to CD’s being produced.
8.2 The Company accept no responsibility for any works which do not have these clearances. By agreeing to these terms and conditions the Customer confirms they are the legal copyright owner.
8.3 The Customer agrees to defend, indemnify and hold harmless the Company and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses (including legal fees) arising out of any violation of the Customer’s copyright declaration and these Terms and Conditions.
9. Delivery and Acceptance
9.1 Delivery shall be deemed to have taken place when the Goods ordered are ready for collection from 4 Part Music’s premises and the Customer has been informed of this.
9.2 The Company will use its reasonable endeavours to Deliver Goods to the Customer by the delivery date quoted, but that date is a business estimate only and shall not be a term of the Contract and 4 Part Music shall be under no liability for failure to Deliver the Goods by that date.
9.3 The risk in the Goods shall pass to the Customer upon the dispatch thereof from 4 Part Music’s premises or three days after notification that the goods are ready for collection, whichever is the earlier.
9.4 The Customer shall notify the Company in writing of any alleged defects in the Goods within five days of Delivery thereof failing which the Customer shall be deemed to have accepted the Goods as fitting their description, being of satisfactory quality and fit for their actual and usual purposes.
9.5 The Company may effect delivery in one or more instalments. Damage to, defects in or loss of one instalment of any order shall not entitle the Customer to cancel or to refuse to accept delivery of the remaining instalments of the order.
9.6 If the Customer wrongfully refuses or fails to take delivery of the Goods, The Company shall be entitled to immediate payment in full for the Goods. All storage and transport costs incurred by The Company as a result of such refusal or failure shall be for the Customers’ account.
10. Fees and Cancellation Charges
10.1 The Customer shall pay invoices no later than 7 days after the invoice date unless otherwise agreed in writing by The Company as confirmed in clause 4.4 above.
10.2 Interest will be charged on overdue payment pursuant to applicable law. If payment has not been received by the due date above, the matter may be referred to a debt recovery agency and a surcharge added to the outstanding sum.
10.3 Cancelled sessions (after confirmation) are subject to the following charges if The Company have been unable to fill the time with alternate bookings:
- 25% of balance payable if cancelled within 72 hours of session date.
- 50% of balance payable if cancelled within 48 hours of session date.
- 100% of balance payable if cancelled within 24 hours of session date.
10.4 To minimise risk for The Customer set out in 10.3, a representative of The Company will always contact the Customer by telephone and / or electronic communication to re confirm the booking at least 7 – 10 days prior to the recording date.
11.1 Governing Law This Agreement and claims directly or indirectly arising out of this Agreement shall be governed by and construed in accordance with the laws of England and each party consents to the exclusive jurisdiction of the English Courts for the adjudication of any disputes arising out of or related to this Agreement.
11.2 Severability If any provision or term of this Agreement, not being of a fundamental nature, is held to be invalid, illegal or unenforceable:
11.2.1 The validity, legality and enforceability of the remainder of this Agreement shall not be affected; and
11.2.2 With respect to a particular jurisdiction, the applicable provision shall not be affected in any other jurisdiction. Each provision of this Agreement is hereby declared to be separate, severable and distinct.
11.3 Entire Agreement This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties with respect to the subject matter of this Agreement are expressly cancelled.
11.4 Relationship between the Parties There is no joint venture, partnership, agency or fiduciary relationship existing between the parties, and the parties do not intend to create any such relationship by this Agreement.
11.5 No Third Party Beneficiaries Nothing in this Agreement is intended to give nor gives any person (whether natural or legal) who is not a party to it, any rights under the Contracts (Rights of Third Parties) Act 1999, to enforce any of its provisions.
11.6 Force Majeure The Company will not be held responsible for any delay or failure to comply with their obligations under this Agreement if the delay or failure arises from any cause which is beyond The Company’s reasonable control. This does not affect the Customer’s statutory rights.
11.7 The Company reserves the right to modify or cease operations of the Services at any time without notice.