Terms & Conditions

Thank you for your interest in the remote recording service offered by Remote Performer Ltd. ("The Company"). The following explains the terms and conditions by which you may use the remote recording service ("The Service"). By submitting an order to The Company through remoteperformer.com, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"). The Company reserves the right to make unilateral modifications to these terms and will provide notice of these changes below. Open orders from clients ("The Client") will not be affected by changes that occur whilst the order is being processed or worked on by our artists ("The Artist").

The following terms and conditions, unless expressed otherwise, apply to a what The Service defines as a "Normal Track", the definition of which is a track of less than 6 minutes, utilising standard performance techniques from The Artist. Any tracks utilising extended performance techniques or that will exploit The Artist in any way may be subject to further conditions (see below).

Order Status

  1. On submission of an order, The Client should receive an email from The Company acknowledging receipt of your order.

  2. The acknowledgement email is automatically generated by The Service and is not a confirmation that The Artist has accepted The Client’s order.

  3. The Artist and The Company shall review a submitted order from The Service, and email confirmation to The Client, notifying them, either that their order has been accepted, or declined, within 48 hours of receiving an order.

  4. If an order placed by The Client exceeds the limitations of a Normal Track, The Artist has the right before accepting the order of asking for a higher fee. This will be mediated by The Company, and if The Client is not willing to pay the higher fee, the order will be cancelled and The Client refunded their initial deposit in full.

  5. The Artist will endeavour to deliver the order to The Service within 14 days of The Artist confirming the order.

  6. On the rare occasion that an Artist feels they are unable to accept the order, The Company will contact The Client to discuss whether to redistribute the order to another Artist, or to refunded their initial deposit.

  7. Once The Artist has completed the order, The Company will email The Client a link to a payment page where The Client will be be able to listen to a demo (lasting no more than 30 seconds) of their order before paying the outstanding 50%.

  8. Once The Client has paid the outstanding balance, they will be presented with a page where they can download the contents of their order.

  9. The order will be delivered to The Client in .wav format.

  10. The Client will be allowed to request alterations in the recording for a period of 2 weeks after making the final payment.

  11. Alterations will be capped at 5 per track over the 2 week alterations period.

  12. Details of how to request alterations will be provided on final payment.

Payment

  1. The Client is required to make a deposit when placing their order of 50% the value of the order.

  2. All orders are subject to a 7.5% booking fee.

  3. If on the rare occasion a submitted track/tracks exceeds the properties of a Normal Track, the artist has the right to negotiate a higher fee before accepting the work. This will be mediated by The Company, and if The Client is not willing to pay this new price, the order will be cancelled and The Client refunded their initial deposit in full.

  4. The outstanding 50% will be payable before release of a completed order.

Termination

  1. The Client has either a 48 hour window, or until The Artist confirms the order, whichever occurs first, in which to cancel their order and be entitled to a full refund of their deposit amount.

  2. After the aforementioned 48 hour cancellation period has passed, or after The Artist has accepted the order, whichever occurs first, the 50% deposit will not be refundable unless Order Status IV or VI arrise.

  3. Cancellations should be made by contacting the administrator of The Company at administrator@remoteperformer.com.

  4. All cancellation communications are to include the order reference number, which will be provided when receipt is initially acknowledged, and the name of The Client.

Performer's Rights

  1. The fees outlined by The Artist are not for a "buy-out", and if their performance is to be used on a comercial release, the must be credited appropriately.

  2. If applicable, after The Artist has acceppted an order, The Company will contact The Client to arrange signing of a royalty agreement.

  3. The Artist maintains the right to accept or decline any job without giving reason.

  4. The Artist maintains the right to request an extension if the order proves too large to complete to a high standard in 14 days.

Disclaimer

  1. We do not guarantee, represent or warrant that your use of The Service will be uninterrupted, timely, secure or error-free.

  2. 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.

  3. If for any reason, The Company is unable to complete The Client’s order within 14 days, having accepted it, The Company will contact The Client prior to the end of this 14 day period to inform The Client of the nature of the problem, and to negotiate, if necessary, an extension to the deadline.

  4. If a negotiation is unsuccessful and the order cannot be completed, the order will be cancelled by The Service, entitling The Client to a full refund of their deposit.

  5. In no case shall The Company 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, 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 for any other claim related in any way to The Client’s use of The Service.

  6. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum extent permitted by law.

Indemnification

  1. The Client agrees to indemnify, defend and hold The Company harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of The Client’s 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.

Severability

  1. In the event that any provision of this Agreement 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 this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

  1. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

  2. This Agreement and any policies or operating rules posted by The Service on this site or in respect to The Service constitutes the entire agreement and understanding between The Client and The Service 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 versions of the Agreement).

  3. Any ambiguities in the interpretation of this Agreement shall not be construed against The Company.

Changes to the Agreement

  1. You can review the most current version of the Agreement at any time at this page.

  2. The Service reserve’s the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to its website. It is The Client’s responsibility to check our website periodically for changes. Your continued use of The Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Contact Information

  1. Questions about the Agreement should be directed to contact@remoteperformer.com