Terms and Conditions

Terms and Conditions

Definitions
“The Client”: the person/company soliciting via any means including but not limited to via email, web site, social media, text message or verbally, the services of Kelsey Mastering.
“Kelsey Mastering”: Kelsey Mastering, and it’s mastering engineers, employees, and representatives.
“Sound Recording”: a sound recording, whether music, speech or any other form of audio signal, contained on any format, whether digital (such as on computer hard drive, on storage media such as CDR or DVD-R) or, in analogue format of any kind (such as 1/4 inch tape or audio cassette).
“Mastering Engineer”: the person employed by Kelsey Mastering to execute the audio changes to the client’s sound recording.
“Website”: the web-presence of Kelsey Mastering at www.kelseymastering.com and including the elements which constitute its associated marketing and business-system components such as those provided by, Google, Checkfront, PayPal, PayU, Facebook, Twitter, Instagram, Wetransfer, Hofa.
“Material”: text, images, illustrations whether printed or digital.

Terms and conditions:
1. The Client purchases the execution of reasonable, subjective, and limited sonic changes to the sound recording supplied by the client to Kelsey Mastering. The limitations of technology and the varying nature and quality of the supplied sound recordings impose variances on the outcome of each mastering process. The artistic wishes and recommendations of the Client regarding the sound recording to be mastered will be considered as much as is possible within the context of the imposed limitations. Such arising limitations do not exempt the client from the obligation to pay Kelsey Mastering the invoiced amount for the mastering work performed on the sound recording regardless of the extent to which the existence or details of those limitations were discussed before, during, or after the mastering process. More details relating to cancellations, delays, and refunds are outlined in the Kelsey Mastering ‘Cancellation Policy’ available at www.kelseymastering.com/cancellation-policy.
2.The Client has five business days after the date of the first master being made available to the client through typical means by Kelsey Mastering within which to request a single instance of re-mastering of the original supplied sound recording. Such requested master-revision will be made at the discretion of the mastering engineer without additional charge. The client has 20 days within which to book and submit mix-revision mastering at 50% of the prevailing full track fee, whereafter any booking for mastering of song version/s already mastered will be charged at the full prevailing mastering rate. Kelsey Mastering reserves the right to refuse to master a mix-revision mastering booking if the nature and extent of the mix revisions submitted do not fall within reasonable technical and creative limits. What is considered reasonable limits is completely at the discretion of the mastering engineer and the mastering engineer’s decision is final. Clients submitting mix revisions or production changes that are deemed outside of the reasonable limits by the mastering engineer will be required to pay the full prevailing mastering fee.
3. Kelsey Mastering and its mastering engineers accept no responsibility or liability for losses or damages, whether emotional, financial, material, or physical, incurred as a result of the use of the final sound recording mastered by the Kelsey Mastering engineers.
4. Kelsey Mastering assumes that the Client possesses the relevant legal and intellectual rights pertaining to the sound recording supplied by the Client or their representative to Kelsey Mastering for mastering. As such, Kelsey can accept no responsibility or consequent liability for prior, present, or future illegal or inappropriate use of any sound recording, or part thereof, that it receives for the purpose of mastering or is currently mastering or has mastered. The adherence to and the fulfillment of the conditions of all relevant commercial and criminal laws pertaining to the prior or subsequent creation, use, and distribution of sound recordings supplied to Kelsey Mastering and its mastering engineers and received by the client in the mastered state, remains the sole responsibility of the Client and or their representative.
5. In the event of the client not possessing the appropriate authority to solicit the services of Kelsey Mastering on behalf of their client or another company, or as may apply to specific sound recording, the client will, in favor of Kelsey Mastering, bear in his/her personal capacity full responsibility for any legal and/or financial liability arising directly or indirectly from the services provided by Kelsey mastering.
6. It is the client’s responsibility to ensure the safety of the original sound recording provided by making back-up copies before sending to Kelsey Mastering and by sending it to Kelsey Mastering by means deemed safe and secure.
7. The Client is obliged to provide the un-mastered sound recording to Kelsey Mastering in a typical professional audio production format by the agreed date of delivery to Kelsey Mastering as reflected on the website, booking-systems, and/or written communications received from Kelsey Mastering. In the event that mixes and/or payment are not provided before the date of a booked mastering session as specified in the correspondence accompanying the invoice, clients will not be entitled to refunds of fees paid, Kelsey Mastering reserves the right to require that clients make new bookings and payments. Once the booking date has passed, the eventual supply of payment and/or mixes will not fulfill the mix-supply date and payment conditions under which the original booking was made and Kelsey Mastering reserves the right to insist that a new booking will be made with new fees payable for. If fees are not paid in advance of a booked session, Kelsey Mastering reserves the right to demand payment for loss of business in an amount up to the original invoiced amount. Any instance in which Kelsey Mastering does choose to not enforce this clause will not invalidate, modify or this clause, nor does it set a precedent with respect to how past or future bookings with the client in question, or any other client will be treated.
8. In the event of the reproduction, packaging or distribution of any sound recording, or part/parts thereof, in any audio format whether analogue or digital, having been mastered by Kelsey Mastering and whether for the purposes of sale or for promotional activities, then the words, “Mastered by Rogan Kelsey” must appear as a credit on the printed material accompanying the recording or as part of the text accompanying credits delivered in an electronic format.
9. Should the Client wish to deliver the original un-mastered sound recordings to Kelsey Mastering via any third party whether it is sent via a representative, post, registered post, or courier, the risk of loss or damage to the original sound recording is entirely the Clients. Kelsey Mastering and its mastering engineers accept no responsibility for loss or damage to sound recordings, whether mastered or un-mastered or their respective storage mediums, which may be lost or damaged while in transit or otherwise in the possession of a third party such as the postal services or a courier company and whether in transit to or from the Client.
10. Kelsey Mastering does not guarantee that the supplied mastered sound recording is error-free and will not accept responsibility for losses incurred due to inherent faults, failures of storage media, or the tools used to produce them. It is the client’s responsibility to ensure that the received masters on their storage media are complete, functions as intended, and without error prior to distribution, physical duplication, or reproduction through any means of the media or the sound recording contained therein.
11. Kelsey Mastering and its mastering engineers are not obliged to disclose details of any part of the mastering process to the Client or their representative. All employed processes, equipment settings, and mastering techniques are the sole intellectual property of Kelsey Mastering and its mastering engineers and may not be acquired whether deliberately or accidentally without the written permission of the members of Kelsey Mastering or its mastering engineers.
12. Kelsey Mastering and its mastering engineers do not agree with or endorse the content of the sound recording provided to Kelsey Mastering for mastering and no such agreement or endorsement is stated or implied by Kelsey Mastering’s agreement to perform the service of mastering on the sound recording in question. The Client at all times and under all circumstances takes full responsibility for the political, sexual, violent, or otherwise morally questionable words, concepts, or gestures contained in sound recording supplied to Kelsey Mastering which may be deemed illegal or unsavory or constitute a violation of applicable South African or international law. Kelsey Mastering reserves the right to reject a sound recording and withhold its services without explanation and in such an event will refund any deposits received within a reasonable period and reserves the right to withhold a 15% administrative fee.
13. Kelsey Mastering does not claim ownership or claim to royalties, nor claim to any proceeds above the fee required for Kelsey mastering services performed on sound recordings received.
14. Kelsey Mastering will act to conserve the privacy and secrecy of all sound recordings and intellectual property it receives for mastering and will not deliberately provide the sound recording whether mastered, un-mastered, or in the process of being mastered to anyone other than the Client, an employee of the client, or their representative. Kelsey Mastering cannot be held responsible for the loss of intellectual property and consequent emotional, physical, material, or financial losses suffered by the Client through the receipt or interception of the sound recording whether in physical, analogue, or digital formats by parties who were not the intended recipients, or through loss due to unauthorized access to Kelsey Mastering computer systems, or hacking, or as the result of a computer virus. Masters and correspondence will be delivered through typical electronic delivery methods such as but not limited to the services offered by WeTransfer.com, Checkfront.com, Google.com, and dropbox.com. Kelsey Mastering does not offer any guarantees relating to the security or grade of service associated with these services, and all risks associated with receiving correspondence and/or masters via these services are accepted by the client. Kelsey Mastering considers its obligations arising from any booking instance fulfilled once mixes supplied in time for the booked session date have been mastered and sent to the email supplied on the associated booking via the typical delivery means. Delays in the client receiving masters for any reason whatsoever, or, delays in the client hearing masters will not change the date on which the masters were deemed to have been delivered by Kelsey Mastering, thus fulfilling the obligations associated with the respective booking.
15. Kelsey Mastering does not retain your credit card or payment details as payments are processed through a reputable 3rd party commercial payment gateway. The policies, functionality, service-levels, and security policies of the associated website elements such as those used for billing, booking, and delivery of masters are beyond the control of Kelsey Mastering and the user accepts the risks associated with the use of such services. Kelsey Mastering makes use of these reputable services in good faith but can not provide warranties or guarantees of any kind relating to the consequences of the use of services of third-parties or the incorporation of their products and services into the Kelsey Mastering business processes. The use of Promo or Coupon codes is by written permission only and will only be honored when issued directly by Kelsey Mastering to the client.  Promo and Coupon codes are not transferable and are for the exclusive use of the person to whom it is issued. Promo and Coupon codes cannot be exchanged for cash or credit.
16. All external websites are accessed at the user’s risk, Kelsey Mastering cannot be held responsible for the content or behaviors of websites accessed via the Kelsey Mastering website. Links to other websites may be changed from time to time and the policies of those websites are completely beyond the control of Kelsey Mastering.
17. The client makes use of the website and the services of Kelsey Mastering at their own risk. The website is provided as-is and in the event of any failure whether total or partial, whether technical or procedural, whether of the website or any automatic and/or manual administrative or service-process related to use of the services of Kelsey Mastering, Kelsey Mastering cannot be held liable for the consequences of such failure and provides no warranties to that effect.
18. The contents of the website are protected by copyright and may not be used for any commercial purposes without the written permission of Kelsey Mastering and/or the copyright owner.
19. Any part of these terms and conditions excluded in writing by Kelsey Mastering or found to be excluded as a matter of law will not affect the enforcement of or application of any other term or condition herein. Any legal proceeding entered into with respect to the services of Kelsey Mastering or the use of this website will be at the clients’ expense and are to be done so within the physical and legal jurisdiction of British Courts, and as governed by British law regardless of the geographical location of the Client and the laws applicable to the client there.
20. Kelsey Mastering reserves the right to monitor social networks for mention of its services and/or mention of the sound recordings believed to be the product of Kelsey Mastering, and to use without obligation and exempt from charge or liability, the contents or part thereof on Kelsey Mastering’s own website and printed material for promotion or advertising purposes. Such content includes but is not limited to Facebook, Twitter, Instagram, Google+.
21. By making use of this website or Kelsey Mastering services you agree to these terms and conditions. The contents of this website are subject to change without notice.
22. Terms and conditions are subject to change without notice.

REV5.100321