SECTION 1 – ONLINE SITE TERMS

We agree to supply services to you subject to these terms and conditions .

References to ‘us or we ‘ refer to Swift Audio Solutions Limited trading as Swift Mastering or any successor business . References to ‘you’ or  ‘your’  shall refer to  you as our customer .

Without prejudice to section 12 hereof, you may not use any of our products whether in whole or part  for any illegal, improper or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit to us in any form whatsoever any worms or viruses or any code of a destructive nature and shall be responsible for all consequential and/or reasonable foreseeable losses we incur as a result of the breach of this prohibition.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to any person, organisation or any corporate entity   for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF ON LINE INFORMATION

Save as provided for by UK Statute or common law, 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.

This site may contain certain historical information which  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.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Save as provided for by  law, we  shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you from us  will meet your personal or subjective  expectations, or that any errors in the Service will be corrected save at our discretion.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
You agree to provide current, complete and accurate purchase and account information for all purchases made with us.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through us  is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

You agree that we have  no obligation herein or otherwise  to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
Save as provided for by law , we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us or permitted by law ) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of  satisfactory quality , fitness for a particular purpose, durability, title, and non-infringement.

Save as permitted by law, In no case shall Swift Mastering, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Swift Mastering and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal or other professional   fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing giving not less than 21 days notice (unless otherwise waived by us at our discretion )   that you no longer wish to use our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Without affecting any other right or remedy available to it, we may terminate the Contract with immediate effect by giving written notice to the other party if:

You take any step or action in connection with you entering bankruptcy, administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

You  suspend, or threaten to suspend, or ceases or threatens to cease to carry on all or a substantial part of your business; or

Your  financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

Without affecting any other right or remedy available to it, you fail to pay any amount due under the Contract on the due date for payment

There is a change in the legal ownership or control of your business

Without affecting any other right or remedy available to it, we may suspend the supply of Services under the Contract or any other contract between the Customer and the Supplier if:

you fail to pay any amount due under the Contract on the due date for payment;

you becomes subject to any of the events listed above , or we  reasonably believe that you  are about to become subject to any of them.

SECTION 17 – MASTERING WORK

Swift Mastering shall carry out the Mastering Work as described or requested by our confirmation email with all due care, skill  and diligence.

For the avoidance of doubt the you acknowledge and accepts that it is incumbent upon you  to ensure that the Pre Production Master (if supplied) or any Pre-Production Master created by the client using Mastered files supplied by Swift Mastering meets with its full satisfaction as aforesaid before proceeding to mass production commercial exploitation of the recording thereon.

Should at any time the Client decide to submit a new or alternative  version ( no matter how minor the changes from the original ) of mix that has already been mastered by Swift Mastering, this will be considered as a brand new submission and therefore an extra charge will incur.

SECTION 17B – YOUR OBLIGATIONS

You shall:

ensure that the terms of the Order [and any information it provides in the Specification] are complete and accurate;

co-operate with us in all matters relating to the Services;

provide us  with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

obtain and maintain all necessary licences, permissions and consents ( copyright or otherwise) which may be required for the Services before the date on which the Services are to start;

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales and references herein to Permitted by law’ shall refer to the Law of England and Wales.

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – PAYMENT

In consideration of any work we undertake for you, you will pay us a Fee identified by us in our official quote sent to you .

Unless otherwise stated in writing by us, a deposit of 30% of the total Fee will be needed before we proceed. The balance will become due upon your approval of your audition file(s).

When we have received full payment from you, we will provide your mastered file(s) and/or disc(s).
Unless otherwise agreed in writing, the payment mechanism shall be by BACS, debit/credit card, or by way of a secure third party internet site.

Your debit/credit card details will not stored electronically or otherwise by us in accordance to current PCI standards. We do not currently offer payment facilities on our websites.

Swift Mastering does not charge VAT. The amount shown in our official quote sent to you will be consider final as long no changes in the original agreement are made thereafter.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at tc@swiftmastering.co.uk

SECTION 23 – NOTICES 

Any notice or other communication given to us under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office or its principal place of business

Any notice or communication shall be deemed to have been received:

if delivered by hand, on the next business day after  the notice is left at the proper address;

if sent by pre-paid first-class post or other  at 9.00 am UK Time  on the second Business Day after posting;

if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.

In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

This 11.8 does not apply to the service of any proceedings or other documents in any legal act 

SECTION 24- Interest 

You shall pay interest on any sum due under this agreement, calculated as follows:

(a)Rate. 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

(b)Period. From when the overdue sum became due, until it is paid.

SECTION 25 – DISPUTE RESOLUTION

If a dispute arises out of or in connection with this agreement or the performance, validity or enforceability of it (Dispute), then , except as expressly provided in this agreement, the parties shall follow the procedure set out in this clause:

(a) either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the parties hereto shall attempt in good faith to resolve the Dispute;

(b) if we are for any reason unable to resolve the Dispute within 30 days of service of the Dispute Notice, the parties agree to enter into mediation in good faith to settle the dispute in accordance with the CEDR Model Mediation Procedure ( or any successor organisation thereto).

Unless otherwise agreed between the parties within 21 days of service of the Dispute Notice, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, referring the dispute to mediation.

A copy of the ADR notice should be sent to CEDR or an alternative provider if agreed. Unless otherwise agreed between the parties, the mediation will start not later than 56 days after the date of the ADR notice.

The commencement of mediation shall not prevent the parties commencing Court proceedings but shall compel the parties to use best endeavours to stay any such existing proceedings till the Mediation is concluded on whatever basis.

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