TERMS AND CONDITIONS FOR SERVICES OFFERED BY EOTPMUSIC LTD

§1 The client agrees to be bound by these Terms and Conditions upon acceptance by the client of the final offer and quotation submitted by EOTPMUSIC Ltd. Any amendment to these Terms and Conditions shall be agreed in writing between the parties. 

§2 The client accepts that they own all correct rights and licences to copy, reproduce, replicate, duplicate and manufacture all audio and materials supplied to EOTPMUSIC Ltd. EOTPMUSIC Ltd takes no responsibility for any costs incurred where this is not the case.

§3 The client warrants that nothing shall be included in any supplied recordings which constitutes a breach or infringement of any copyright or which shall be in any way illegal, scandalous, obscene or libellous. The client will indemnify EOTPMUSIC Ltd against any liability in respect thereof and shall pay all costs and expenses which may be incurred by EOTPMUSIC Ltd in respect to any such claim.

§4 The client accepts that returns and refunds are not applicable for any services offered by EOTPMUSIC Ltd.

§5 File preparation:

  • §5.1 The files that the client provides must NOT BE NORMALISED . In addition, the client must make sure that their tracks are not  clipping before exporting them.
    §5.2  All files must be clearly labelled and numbered. The client must name their files in an organised manner and avoid capitalised letters.
  • §5.3 Audio files can be mono or stereo. All audio files must be of the same format and the same Sample Rate.
  • §5.4 The client must consolidate the session into individual files from the same start point of their song, including at least 1 bar of silence before the actual beginning of the song.
  • §5.5 The client must make sure that all of their files are correct before uploading.  For mixing service – if the session contains midi instruments, they must be exported as audio files – midi files will not be accepted (unless the client will make a request for additional production on the project).

§6 EOTPMUSIC Ltd reserves the right to reject the delivered vocal / instrumental recordings if:

  • §6.1 they are of unacceptably low quality.
  • §6.2 they are recorded in a different tempo or key than the rest of the song.
  • §6.3 they have visible and audible degradation artifacts of the audio file.
  • §6.4 they deviate from the standards commonly recognised as professional audio recording.

In such case, the client will be asked to re-record all tracks that were not accepted by EOTPMUSIC Ltd.

§7 The multitrack / stems / mixes should be uploaded via WeTransfer. Should the size of the folder exceed the free transfer of 2GB, the client must inform EOTPMUSIC Ltd, so that a different method of file delivery could be discussed.

§8 If necessary, mixing and / or mastering revision notes must be sent in via email and should be sent within maximum of 48 hours after receiving the mix and / or master. Should the client take longer to respond with the revision notes, the turnaround time to finalise said revision may extend.

  • §8.1 For mastering – revisions are minor adjustments to the processing. This does not include new mixes or new stems. Track replacement will be charged as a separate master, unless the changes made to the mix / stems were minor.
  • §8.2 For mixing – revisions are minor adjustments to the levels and effects used in the mix. New multitrack / additional multitrack sent for the revision process might be charged an additional fee quoted per project. A request to re-do the mix from scratch will be trated as a separate mix and will be charged an additional fee quoted per pfoject.

§9 The client accepts that:

  • §9.1 post-production services, such as editing or quantisation are only applicable if the song was recorded to a click track at the correct tempo of the song.
  • §9.2 any editing, quantisation or tuning can only be done to certain extent. Excessive use may cause audible artifacts.
  • §9.3 post-production service does not include fixing of the performances but rather an overall enhancements that suits the song.
  • §9.4 large amount of editing might lead to longer turnaround time.

§10 Service delivery, invoice & pricing:

  • §10.1 For all services, the client will be able to hear the production, final mix and / or master and all revisions on a private link with an audio player.  The client will receive all applicable files to download (details in §11) after the final production / mix and / or master has been accepted.
  • §10.2 The client will receive an invoice for chosen services before any work is done – for Mixing and / or Mastering service full payment must be made upfront. For  Music Production service, first half of the fee must be paid upfront and the second half of the fee must be paid after the production has been finished but before the delivery of the final files (details  §11). For Studio Recording service, full hourly fee must be paid right after the session (unless agreed otherwise by both parties) and before the delivery of the recorded files.
  • §10.3 Payment is accepted only via Direct Bank Transfer. 
  • §10.4 For Mixing service and Mastering service, 2 complimentary revisions are available. Subsequent revisions will be available at additional charge in accordance with the current pricing available at  https://eotpmusic.com/services/. If there will be no revision notes provided within 30 days after the delivery of the initial mix and / or master or their respective latest revisions, the mix and / or master will be considered as final and project will be considered as approved – all applicable files will be delivered, unless an additional services and / or revisions above the two complimentary onces were requested, in which case an invoice for said additioanl services and / or revisions will be issued. All applicable files will be delivered only after the payment for said invoice has been made.
  • §10.5 Any additional costs (where applicable), such as studio hire, transport or travel costs, must be covered by the client.
  • §10.6 For international bank transfers, any payment fees must be covered by the client. EOTPMUSIC Ltd shall receive the exact invoiced amount.

§11 File delivery:

  • §11.1 If the client only applies for Mixing service, they will receive the following mix files:
    – Full mix      (.WAV 32bit)
    – Instrumental mix     (.WAV 32bit)
    – Backing track mix      (.WAV 32bit)
    If requested – an “Explicit” and “Clean” versions of the mix shall also be delivered     (.WAV 32 bit) free of charge.  Any other additional mix versions shall be a subject to additional charge in accordance with the current pricing available at  https://eotpmusic.com/services/.

  • §11.2 If the client applies for Mixing + Mastering, or just Mastering service, they will receive the following master files:
     – Streaming (48kHz 24bit .WAV)
    – Radio / TV (48kHz 16bit .WAV)
    – CD (44.1kHz 16bit .WAV)
    – M4A
    – DDPi format (if requested)

    In addition, if provided with this type of mix files, they will receive master files of:
    – Instrumental
    – Backing Track
    both as 48kHz 16bit .WAV

    The provision of the DDP image for physical CD distribution is subject to the client’s timely submission of all necessary metadata and explicit request for its creation:
    – official title of the song / songs
    – official title of the Single / EP / LP / Album
    – legal names of all songwriters (specified for each song)
    – ISRC codes for each song (if applicable)
    – UPC / EAN (if applicable)

  • §11.3 If the client applied for Studio Recording & Music Production service, they will receive the following files:
    – A folder with 24bit multitrack (or Pro Tools session)
     – MP3 file of a Rough Mix (where applicable)
    –      if requested to do the final mix and / or mix and master, the client will receive the files described in §11.1 and  §11.2.

§12 For mixing service, the client WILL NOT  receive mixed stems to assemble the mix from. Due to the use of multiple shared effects, shared parallel compression, analogue summing and complex mix bus processing it is impossible to assemble the same mix from mixed stems exported separately.

§13 It is the client’s responsibility to check all files provided by EOTPMUSIC Ltd, and to approve them in writing prior to manufacture, replication, duplication or distribution. Any additional work requested after final approval has been given by the client will be considered as a new job and will be charged accordingly.

§14 The client accepts responsibility for storage and archiving of all mixes, masters & any other files as well as the source materials once a project has been approved and files have been delivered. EOTPMUSIC Ltd will endeavour to store backup of all sessions, final mixes and masters, but does not provide a guaranteed archival service. 

§15 Consultations of any nature will be charged after the session. Should the consultation consist of only one session, it must be paid upfront. The cost of consultation will be specified individually per client. 

§16 The client is obligated to include the appropriate credit in relation to any CD or other record that the engineer has either recorded, edited, produced, mixed or mastered, using the following scheme:

Engineering / Editing / Production / Mixing / Mastering / Other: (choose the applicable)
Krzysztof Kessler
https://www.eotpmusic.com/
EOTPMUSIC Ltd

Such credit shall be included in a YouTube description, all streaming services credits section (where possible) and a suitable place in the inner sleeve liner notes of the CD or record and shall be in the same size, typeface and font as any other similar information included in such liner notes.

§17 Should the role of EOTPMUSIC Ltd extend to programming and performing on the clients’ song (any kind of instrument, virtual instrument or backing vocal), the engineer / producer who worked on the clients’ music shall retain the performance royalty agreements where applicable.

§18 By applying for the services offered by EOTPMUSIC Ltd  the client gives them the right to use the clients’ songs which they worked on, as an example and portfolio of work to other clients. This includes uploading it to the website (after the song, EP or Album has been released) https://eotpmusic.com/ as a YouTube player or into the built-in audio player. This audio player will not include a download option.

DEFINITIONS:
1. ‘engineer’ refers to the audio engineer / producer who is providing the mixing / mastering / production / engineering service.
2. ‘clipping’ refers to the audio level exceeding 0 dB measured in sample peak.
3. ‘DDPi format’ means ‘Disk Description Protocol Image’ and is the most reliable medium for delivering Masters to the factory for pressing. In basic terms, the DDPi consists of a group of files that contain all the audio and relevant meta-data which make up your CD.
4. ‘mixed stems’ refers to the mixed groups of instruments and / or vocals which could be used to assemble the mix from, without the necessity of recovering all individual files from the mix session.
5. ‘midi instruments’ refers to virtual instruments (also known as software instrument), used for sound creation on a computer. This can be by imitation of a real instrument, a software sampler or a synthesizer that produces various sounds by using synthesis.
6. ‘other’ in §16 refers to any other services offered by the engineer, such as, studio assistance, production assistance, engineering assistance, co-production, co-writing, performance (either vocal or instrumental).