Audio Fiction Terms of Service

I. Provision of Services:

Audio Fiction ("the Company") offers a broad spectrum of comprehensive media production services tailored to meet a diverse range of client needs. The Company specialises in creating customised content across various media formats and platforms. The range of our services includes, but is not limited to, the following:

1. Video Production: The Company produces high-quality, professional video content in both long-form and short-form formats. Our video production services encompass pre-production planning, shooting, and post-production editing to deliver a complete package.

2. Audio Production: The Company offers premium audio production services, with capabilities ranging from sound design, audio mixing, and mastering to the production of professional voice-over content.

3. Music Production: The Company is well-equipped to offer a wide range of music production services, from composition and arrangement to recording and production.

4. Podcast Production: The Company provides comprehensive podcast production solutions, which include pre-production, recording, post-production editing, and distribution.

5. Media Distribution: The Company assists clients with media distribution, ensuring that their content reaches the desired audience through the most effective channels, leveraging both digital and traditional media platforms.

6. Social Media Scheduling: The Company offers social media management services, including planning, scheduling, and monitoring of content across various social media platforms to ensure maximum engagement and reach.

These offerings collectively represent the core services ("the Services") of Audio Fiction. It should be noted that this list is not exhaustive, and the Company may provide additional services or customised packages based on the specific requirements of the client. The Company prides itself on its flexibility and commitment to meeting the unique needs of each client.

The Services provided by Audio Fiction are delivered by a team of experienced professionals who bring their skills, creativity, and dedication to every project. We strive to ensure that the output aligns with the client's vision and objectives, and we consistently aim to exceed expectations in terms of quality, timeliness, and customer satisfaction.

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II. Payment Terms:

In alignment with the established financial procedures of Audio Fiction ("the Company"), payment for the services provided is facilitated via two principal avenues:

1. Online Bookings: In instances where services are procured through our sophisticated online booking system, housed on the Wix platform, clients are required to fulfil their payment obligations utilising one of two available methods. Clients may elect to execute a singular, upfront payment, this method encapsulates the complete cost of the engaged service. Alternatively, clients may opt for a structured monthly instalment plan, providing a feasible and orderly payment structure across a predefined duration. For services such as podcast production, media distribution, and social media scheduling that necessitate regular recurrence, clients are billed on a monthly basis through an authorised direct debit process.

2. Telephone or Personal Consultation Bookings: In the event that services are contracted via telephonic conversation or during an in-person consultation, the Company has instituted a bipartite payment structure. An initial deposit, equating to 50% of the total service fee, is imposed at the point of booking. This deposit functions as a formal acknowledgement from the client to procure our services. The residual 50% of the service fee becomes due upon the culmination of the service. However, it must be noted that the transfer of the final product to the client is dependent upon the complete settlement of this outstanding payment. These payments are processed securely via GoCardless direct bank-to-bank payments.

Regardless of the chosen method of payment, the Company abides by stringent financial policies to assure all monetary transactions are secure, confidential, and in compliance with applicable financial regulations and laws.

The Company retains the right to amend or update these payment terms at its discretion from time to time. Any modifications to these terms will be communicated to clients promptly and transparently to maintain perpetual mutual understanding and concurrence.

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III. Cancellation Policy:

In adherence with the operational procedures of Audio Fiction ("the Company"), the client ("the Client") is mandated to relay any cancellations to the Company a minimum of 48 hours in advance of the commencement of the engaged Service. This notification period is deemed necessary to mitigate operational disruptions and reallocate resources effectively.

Should the Client fail to adhere to this stipulated notice period, the consequence would be the forfeiture of the deposited amount. This deposit serves as a measure of good faith and a commitment to the engagement of the Company's services and as such, its refund is contingent upon the provision of the appropriate notice for cancellation.

Furthermore, in circumstances where the Service is already underway and is subsequently cancelled by the Client prior to the final delivery, the deposit shall be rendered non-refundable. This is to account for the resources, both time and materials, already expended by the Company in the provision of the Service.

For Clients who have engaged in multi-month subscription contracts and wish to prematurely terminate such contracts, a departure fee will be levied. This fee will equate to 50% of the outstanding balance on the subscription contract. This is necessary to compensate for the potential loss of reserved resources and services that could have otherwise been allocated to other clients or projects. The Company's policy in this regard is designed to protect its interests while providing a fair and reasonable exit mechanism for clients.

This cancellation and termination policy forms an integral part of the contractual agreement between the Client and the Company and acceptance of these terms is a condition of service engagement.

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IV. Refund Policy:

In the unlikely event of a client ("the Client") expressing dissatisfaction with a service provided by Audio Fiction ("the Company"), the Client may submit a formal request for a refund. This request must clearly detail the specific areas of the service with which they are dissatisfied and provide a comprehensive explanation of their grievances.

Upon receipt of this request, the Company will initiate an internal investigation into the quality of the services rendered. This investigation, conducted by our dedicated quality assurance team, will involve a thorough assessment of the work completed, the process followed, and the final output delivered against the initially agreed-upon scope of work and service standards. This due diligence is essential to ensure fair and equitable treatment of all parties involved.

Should this investigation conclude that the services provided did not meet the Company’s high standards or the specific terms outlined in the initial agreement, the Client may be deemed eligible for a refund. If the Client's refund request is deemed valid, a refund shall be processed within 30 days following the conclusion of the investigation. This duration allows for necessary administrative procedures to be carried out.

It should be noted that each refund request will be considered on an individual basis, and the Company's decision, in each case, is final. The Company is committed to maintaining the highest quality in its services and equally committed to addressing any Client concerns promptly and fairly. The refund policy serves as testament to the Company's commitment towards upholding client satisfaction and quality of service.

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V. Limitation of Liability and Dispute Resolution:

The Company shall not assume liability for impacts of unforeseen circumstances on the Services, including but not limited to delays in delivery due to adverse weather, natural disasters, unexpected equipment failure, alterations in equipment due to supply chain disruptions, scarcity of resources, sudden illness or incapacity of team members, interruptions due to network or power outages, disruptions due to public unrest, delays or cancellations due to government regulations or restrictions, and interruptions due to cyber attacks or other cybersecurity incidents. Furthermore, the Company will not be held accountable for any indirect impacts these circumstances may have on the outcome of the Services provided.

Any disputes arising out of or relating to the Services shall be addressed through amicable means where possible, which may include direct negotiation, mediation, or arbitration. In the event that these means do not yield a satisfactory resolution, the parties agree to turn to litigation as a last resort. Parties understand that this process may incur additional costs and time delays.

By agreeing to these Terms of Service, the Client acknowledges the unpredictability of such circumstances and accepts that the Company is committed to maintaining the highest possible standard of Service within its control.

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VI. Intellectual Property Rights:

In accordance with the contractual relationship between Audio Fiction ("the Company") and the client ("the Client"), the intellectual property rights related to the finalised product (whether that be video, audio or other media content) developed as a result of the services rendered by the Company, will be transferred to the Client once the payment for the services has been received in full. This transfer of intellectual property rights allows the Client to exercise full ownership rights over the final product and to use it at their discretion.

However, it is crucial to note that the rights to the raw data and files used to create the final product, such as video clips, audio files, soundtracks, graphic elements, and other content that was produced or procured by the Company during the execution of the project, shall remain the exclusive property of the Company. This includes but is not limited to raw footage, sound bites, stock media, pre-production documents, and drafts.

The Company reserves the right to use these materials for its own purposes, which may include showcasing the work in its portfolio, promotion of the Company's services, marketing campaigns, educational activities and for other business-related endeavours. The usage of these materials by the Company is subject to any pre-existing rights of the Client or third-party providers, and any proprietary rights, such as copyright or trademark rights, associated with these materials.

This condition regarding the ownership and use of raw data and files does not in any way infringe upon the rights of the Client over the final product. The Client and the Company acknowledge and agree that this approach balances the interests of the Client in the final product and the interests of the Company in demonstrating its capabilities and enhancing its professional reputation.

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VII. Limitations and Disclaimers:

Under no circumstances shall Audio Fiction ("the Company") be held accountable or liable for any direct, indirect, consequential or incidental damages, losses, theft, or injury arising from or connected with the Services provided. This includes, but is not limited to, any liability related to persons, properties, assets, and locations involved during the provision of the Services. The scope of the Company's non-liability extends to any claim, loss, or injury that may be a result of, but not limited to, any act or omission, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of records or any other matter relating to the Services.

Further, the Company shall not bear any responsibility for any third-party claims, actions, suits, proceedings, liabilities, judgements, losses, damages, costs and expenses (including reasonable legal fees) that arise from or relate to the use of the Services provided. This non-liability applies regardless of whether such damage was foreseeable and whether the Company has been advised of the possibility of such damages.

It is the Client's responsibility to ensure all necessary precautions, insurances, and protections are in place for their personal and property safety. The Company's services are provided 'as is', without warranty of any kind, either express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, and non-infringement.

By availing of the Company's Services, the Client hereby acknowledges this limitation of liability and accepts that they assume all risk and liability arising from or related to the use of the Services.

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VIII. Privacy Policy:

The Privacy Policy of the Company forms an integral part of these Terms of Service. Clients are urged to acquaint themselves with the Privacy Policy [here]

 

IX. User Conduct:

During the course of interaction and transaction with Audio Fiction ("the Company"), clients ("the Clients") are bound by a set of behavioural and operational terms and conditions.

1. Respectful Conduct: Clients are required to interact respectfully and considerately with all Company personnel. Infringements such as offensive behaviour, verbal or physical harassment, or any other form of inappropriate conduct are viewed seriously. The Company reserves the right to impose penalties including, but not limited to, monetary compensation, warnings, termination of service contracts, and legal actions. The nature and severity of any violation will guide the Company's course of action, which will be communicated promptly and transparently to the Client.

2. Equipment and Infrastructure: Clients are mandated to exercise due caution when handling all equipment and infrastructure owned or leased by the Company. Any damage attributable to Client negligence or wilful misconduct will be considered a breach of this agreement. In such cases, the Client may be held financially responsible for any ensuing repairs, replacements, or associated costs.

3. Safety and Sobriety: The Company maintains a strict policy prohibiting the possession, consumption, or influence of alcohol or any illicit substances during service provision. This prohibition is universally applicable to all parties involved in the project.

4. Punctuality: The Company operates on a strict schedule. Clients must adhere to the agreed-upon production times, with any late arrivals potentially resulting in the Client being billed for the original agreed-upon duration, regardless of actual time used. If a late arrival necessitates additional production time, this will be billed separately and in addition to the original service fee.

5. Confidentiality: Clients shall respect and uphold the confidentiality of any and all proprietary information related to the Company's operations, services, trade secrets, business affairs, clients, suppliers, or any other matter considered confidential, which they may obtain in the course of their dealings with the Company. Clients shall refrain from the unauthorised disclosure or use of such information, whether directly or indirectly, and shall only use such information for the purpose it was disclosed. Any unauthorised use or disclosure may constitute a breach of this Agreement and may result in immediate termination of services and legal actions.

6. Non-Disparagement: Clients shall not, either directly or indirectly, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

7. Intellectual Property Rights: The Clients acknowledge and agree that the Company owns all right, title, and interest in and to the services provided, including, without limitation, all intellectual property rights therein. These rights include, but are not limited to, all patents, trademarks, service marks, copyrights, trade secrets, domain names, and any other proprietary rights. Unauthorised use, reproduction, or distribution of the Company's intellectual property is strictly prohibited and may result in civil liability and criminal prosecution under applicable laws.

8. Data Protection: Clients are expected to comply fully with all applicable data protection and privacy laws and regulations, including the General Data Protection Regulation (GDPR), when handling any personal or sensitive data obtained in the course of receiving services from the Company. This includes, but is not limited to, ensuring appropriate security measures are in place to protect such data and that any processing or transfer of such data is done in accordance with applicable laws.

9. Lawful Conduct: The Clients agree to adhere to all local, national, and international laws, regulations, and rules applicable to their conduct and the use of the Company's services. This includes, but is not limited to, laws related to intellectual property, data protection, and confidentiality. Any unlawful conduct may result in the immediate termination of services and legal actions.

10. Company Assets: The Clients are expected to utilise all Company's assets, including but not limited to equipment, materials, and software, in a responsible, lawful, and ethical manner. Any misuse, negligence or intentional damage to the Company's assets will be deemed a violation of this Agreement and may result in penalties including financial compensation for the damage and possible termination of services.

By agreeing to these terms, the Client acknowledges their understanding and acceptance of these provisions. Any violation may result in penalties at the discretion of the Company.

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X. Amendments:

Audio Fiction ("the Company") expressly reserves the exclusive right, at its sole discretion, to amend, modify, supplement, or revise these Terms of Service ("Agreement") at any point in time. Any such changes shall become effective immediately upon their posting on the Company's website or upon their transmission to the client ("the Client") via electronic means such as email or text message, depending on the contact preferences set by the Client.

The Company will make reasonable efforts to inform the Client of any substantial modifications that materially alter the Client's obligations or rights under this Agreement. Nevertheless, it remains the Client's responsibility to review the Agreement periodically and to make themselves aware of any changes.

By continuing to avail the services of the Company subsequent to any modifications to this Agreement, the Client hereby acknowledges and agrees to be bound by such modifications. If the Client disagrees with any changes made to this Agreement, their only recourse is to cease the use of the Company's services.

 

XI. Governing Law and Jurisdiction:

This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of the United Kingdom.

Each party irrevocably agrees that the courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

 

XII. Legal Counsel:

This Agreement serves as a framework delineating the terms and conditions of the service provision and as such, provides a fundamental understanding of the contractual relationship between Audio Fiction ("the Company") and the client ("the Client"). It is meant to serve as a general guide and should not be construed as comprehensive or as a substitute for seeking professional legal counsel.

Clients are encouraged to consult with their own legal professional to review the terms of this Agreement. The aim of such consultation should be to ensure that they fully understand their rights, obligations and the implications of entering into this Agreement and to ensure that the Agreement is compliant with all applicable laws, rules and regulations, including any specific legal requirements or restrictions applicable in the Client's jurisdiction.

By availing of the Company's services, the Client affirms that they have had the opportunity to seek such legal counsel and they understand and agree to abide by all terms set forth in this Agreement. Furthermore, the Client acknowledges that they are entering into this Agreement based on their own judgement, without any coercion or undue influence, and that they believe the Agreement to be fair, reasonable, and in their best interests.