TERMS AND CONDITIONS / LICENSE AGREEMENT – CONTRACT:
1. The subject of the contract and contractual parties
The subject of the contract is agreement, and definition of rights and obligations agreed between the client and mastering studio about providing mastering, mixing or sound editing services.
Client is person who is communicating with mastering studio and sending tracks to mastering studio usually via e-mails onlinemasteringstudioeu(at)gmail(dot)com and then ordering paid services by mastering studio , hereinafter referred to as client.
(at) = @ , (dot) = .
Mastering studio is provider of mastering, mix or sound editing services (ONLINEMASTERINSTUDIO.EU by Marian B.mastering studios) hereinafter referred to as mastering studio.
Mastering studio will send this license agreement / contract in attachment of first or any other e-mail sent to client and license agreement is visible as link at the bottom of mastering studio website www.g-sonique.com at mastering area of website.
2. Contractual conditions
By sending any tracks / music / material to ONLINEMASTERINSTUDIO.EU by Marian B. mastering studio or by ordering any services from ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio client agree with following
terms and conditions:
2.1 All music / tracks / material that client is sending to ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio is his own music material, client is copyright owner or he is fully allowed to work with this material / sending it to mastering studio by copyright owner, other band members etc. Point 2.1. Refers also to reference records / examples of
mastering/sound which client would like to achieve. ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio is not responsible for any loss if you send them any material/files that are violating copyrights.
2.2 Client is allowing ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio to work with material/files that client sent to mastering studio via internet or post – mastering studio can master / edit it, mix it, prepare samples of mastering for client, upload it to password or link or other protected server / storage and send links to client via e-mail or other
communication service.
2.3 ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio can upload track to private password or link protected server or storage. ONLINEMASTERINSTUDIO.EU by Marian B. mastering studio is not responsible for any
hacker / pirate attack of it’s or 3rd party server / storage, or if hackers attack client’s e-mail account and stole download links or if client or 3rd party connected with client accidentally publish download links on-line. Links should remain secret between client and mastering studio and link can be sent only to client’s e-mail.
2.4 ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio will charge price per one mastered song based on actual price list available at the website or individual written agreement.
2.5 Within test mastering client will receive just part of song, not full length song. If client order full EP mastering (5 or more songs) client will receive one test mastered song in full length free of charge or in small price of test mastering (5 Eur). This is available only for new customers which never mastered with ONLINEMASTERINSTUDIO.EU by Marian B.before.
2.6 Mastering should be paid after test mastering song is sent and client agree/like sound of test mastering, but before full mastered album is sent – ONLINEMASTERINSTUDIO.EU by Marian B. mastering studio will send all mastered tracks after receiving payment for mastering. Not before payment is done.
2.7 Client can require one revision of one song if full album mastering is paid. Next revisions can be charged based on our price per hour rate and time spent on additional work. If mastered songs are sent client may require one revision and ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio will do their best to meet client’s requirements
(not every time guaranteed – depends on mix of song and other factors). Client cannot require money back if client once liked test mastering sound and ordered mastering of next songs on basis of test mastering.
2.8 Studio equipment and design can be changed / updated or different then at currently non updated version of website. You are paying for results only – mastered tracks in the same/similar style like your free test mastering.
2.9 ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio can use various traditional and untraditional analog and/or digital mastering methods to master your music by their own decision. Mastering process, equipment and methods should kept secret, and you cannot require information of secret methods used for mastering of your
records – you are paying for mastering not information. If it is necessary for special type of music only digital methods could be used. (eg. Restoration, bad mix mastering)
2.10 In case that ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio is busy / has lot of work / or it is required by type of music material (example: restoration, stem mastering, mixing, mastering) client agree by accepting this agreement / by sending tracks to mastering studio that mastering, mixing or sound designing can be done in smaller
studio B or studio C (currently not displayed at website). Mastering studio do not need to ask client for permission before mastering, mixing or sound editing his record/material to studio B or C. But mastering studio should ensure that both test mastering and final paid mastering will be done in the same studio, with same or similar sound that client accepted during test mastering.
2.11 ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio reserves unlimited long-term time period to master your music if necessary, but will do their best to meet your deadlines written in e-mail.
2.12 ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio is not responsible for any loss caused by mastering, mixing or sound designing / editing of your records, by uploading them to private storage / server or for any other loss caused by cooperation and communication between client and mastering studio. Client cannot ask for any kind of
compensation or loss caused by cooperation with mastering studio.
3. Agreement about the governing law and the arbitration clause
3.1 All the previous agreements, oral and written, relating to the negotiation about this contract between the contractual parties expire on the effective day of this agreement and are replaced (substituted) by this agreement.
3.2 In case that particular terms of this agreement are invalid, and also due to the changes in the law regulations of some State, in which the performance of this contract will be carried out or in which will be the seat of one of the parties, or within the European Communities, the validity of other provisions of this contract
remains intact. In this case, the parties undertake to replace the invalid provisions with valid ones, otherwise in the cases ruled by invalid provisions, the relevant provisions of valid applicable law will be used.
3.3 The contractual parties agree that all disputes arising out of this contract or in connection with this contract will be solved by mutual agreement. In case that it is not possible to reach a compromise, disputes will be definitely resolved by arbitration proceedings.
3.4 The contractual parties agreed that the material law of the Slovak Republic is valid for the rights and obligations of both parties, which are not stipulated in this contract and also for the eventual negotiated disputes.
3.5 All disputes arising out of this contract will be definitely resolved by arbitration in accordance with the Order of the Arbitration Court of the Slovak Republic. The dispute will be decided by three arbitrators. Each of the contractual parties appoints one arbitrator. Two appointed arbitrators will select on the basis of the
agreement the third arbitrator, which will act as chairman. If one party does not appoint its own arbitrator within thirty days after receipt of notification of the second party, or if two appointed arbitrators do not reach an agreement on the third arbitrator, in this case here agreed arbitration court will appoint the chairman
arbitrator and in case of necessity also the second arbitrator. The consignment is in case of arbitration dispute considered as being delived on the date of its delivery to the address of the seat of the contracting party stipulated in the header of this contract, and in the case of not taking of the consignment on the date of its storage at the post office. In case of the violation of this contract with the rules of arbitration proceedings in accordance with the Regulation of the
Arbitration Court of the Slovak Republic will the appoitment of the arbitrators and the delivery of the consignments to the participants be performed on the basis of the valid rules of the cited Regulation.
3.6 The arbitrament issued according this contract will be definitive and the parties agree to fullfil it without delay.
3.7 Any arbitrament of the arbitration court, which is in accordance with this agreement can be executed by the court of competent jurisdiction.3.8 The contractual parties agree that eventual arbitration proceedings according to the Article of the contract will be conducted in Slovak language.
4. Duration of the contract
This contract comes into force on the day of when client send e-mail to ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio and their e-mail onlinemasteringstudioeu(at)gmail(dot)com or by requesting free test mastering, and contract is valid for the unlimited period of time.
5. Protection of trade secret
The contract as well as all other information provided to the client are confidential. The client can not publish the content of the contract, contract terms including the financial ones or other provided data and information from the mastering studio and distibute them.
6. The final provisions
6.1 This agreement shall enter into force and effect on the date of starting digital or other communication with ONLINEMASTERINSTUDIO.EU by Marian B.mastering studio and or sending audio material to ONLINEMASTERINSTUDIO.EU by Marian B.for test mastering. Client agree with full contract by sending tracks / music material or starting communication with mastering studio.
6.2 The contract was concluded on the basis of free, serious, definitive and clear will, not in pressure under the significantly disadvantegeous conditions.
6.3 The contractual parties declare that they have read this agreement, they understood its content, they agree with it without restrictions.
GENERAL DATA PROTECTION REGULATION:
1. WHAT DATA DO WE COLLECT?
Your email must be provided in order to successfully process your order, create your account, communicate with us via the contact form and/or receive our newsletter. Data related to your identity, such as your firstname, lastname and full postal address for creating an invoice.
Data about your order, as a shopping cart content and paypal email address used for the payment.
No additional data are collected or stored!
2. HOW WE COLLECT YOUR DATA
We directly collect only the data you enter into the contact form (your email and message text) and with subscribing to the newsletter (your email).
We indirectly collect your data through cookies and tracers for google analytics purposes only. The last method we can get in touch with your data is when you make the order with PayPal payement option. In this case PayPal share your data mentioned in Article 1. to process your order.
No additional ways are used to collect your data!
3. WHY WE COLLECT YOUR DATA?
The answer is really simple, we need to know, where to send your order and newsleter, to whom create an account and an invoice and fulfil the contract.
4. WHO PROCCESS YOUR DATA?
The data are accessible only for the employee who is managing technical support to answer your question or user problems, managing the invoicing
and payments.The proccessor is Onlinemasteringstudio.eu, Scherera str., Piestany, Slovak Republic, EU. The responsible person is Marian Brezovan you can contact him at onlinemasteringstudioeu(at)gmail(dot)com
We do not provide or share in any way your data with third party organizations or individuals!
5. HOW LONG YOUR DATA ARE STORED FOR?
We only stores your Data for the period necessary for the purposes explained in Article 3. If also your account has been created together with your order, the data are stored for as long as your account remains active. Logically, without storing the data you can’t login. Also we need to store your invoice for legal purposes for 5 years.
7. HOW CAN YOU REVIEW WHAT WE HAVE STORED ABOUT YOU?
After you log in to your account at our website, you can download the zip archive containg all data what we have stored and related to you. This way you can verify that we have only data mentioned in Article 1 and nothing more.
6. HOW CAN YOU DELETE YOUR STORED DATA?
After you log in to your account at our website, you can use the simple one-click button tool to remove all data related to you falling below GDPR and stored at our server. You can also request at any time our support to disable your account and delete your data. After that you will not be able to log in to your account anymore as all data related to you (including login data) will be deleted.
7. HOW IS YOUR DATA PROTECTED?
Your Data is stored on secure servers protected by modern firewalls and professional antivirus software. We have implemented technical and
organisational measures intended to protect the security and confidentiality of your Data against any accidental loss and any unauthorised access,
use, modification or disclosure.
Given the inherent characteristics of the Internet, we cannot guarantee the optimal security of information exchanged over this network. We strive to protect your Data but cannot guarantee the absolute security of information sent to our Website. You agree that you provide your Data at your own risk. We cannot be held liable for any failure to comply with privacy settings and security measures implemented on our Websites. As such, you agree that the security of your information is equally your responsibility. For example, it is your duty to keep secret your password enabling you to log in to your user account. Do not disclose it to third party. Be careful when you disclose information on public sections of the Website. They can be consulted by any user of the Website.
8. WHAT ARE YOUR RIGHTS?
You can choose how the Data you provide is used. You can decide to no longer receive our Newsletter and personalised offers. In this case, you can
Unsubscribe at any time by logging into your user account on the Website or by clicking on the link in the email. You can decide to remove all your data from our server.As stated in Article 6. in this case, you will not be able to use your account anymore. You have right to access and correct your data anytime.
In accordance with the provisions of the applicable regulations regarding Data protection, namely the European General Data Protection Regulation
2016/679 (GDPR) and the Slovak Data Protection Act no. 122/2013 and its amendments Act no. 84/2014, you have the right to access and correct your Data. You also have the right to stipulate directives relating to the fate of your Data in the event of your death. Furthermore, subject to the conditions of the aforementioned regulation for exercising your rights, you have
The right to erasure of your Data.
The right to limit processing of your Data.
The right to object to the processing of your Data on legitimate grounds, in accordance with article 21 of the GDPR.
The right to portability for the Data you have provided.
The right to withdraw consent, when it has been asked. When processing of your Data has occurred based on your consent, you may withdraw that consent at any time. However, you acknowledge that any processing that occurred before your consent was withdrawn remains entirely valid.
However, in accordance with Article 12.6 of the GDPR, when you exercise these rights, Onlinemasteringstudio.eu, as the controller, reserves the right to require proof of your identity. Please be aware that the data required to prove your identity will be deleted once we have responded to your request.
You can exercise your rights by sending an email in English or Slovak to onlinemasteringstudioeu(at)gmail(dot)com
We are required to reply within one (1) month to all requests regarding the exercising of these rights. This timeframe may be extended to two (2) months for complex requests and large request volumes