OUR TERMS

AND CONDITIONS

Sonic Mud Records Terms and Conditions


Terms of Use


    By using the 'Sonic Mud Records' online recording service, you (‘The Customer’) agree and are bound by the terms of service below:


1. Session tracks service:


   'Sonic Mud Records' agrees that all work delivered to ‘The Customer’ shall be considered as “works created for an employer” as contemplated and defined at the copyright section from 19 April 2014 of the Intellectual Property Office UK.


   'Sonic Mud Records' as a result of this document grants to ‘The Customer’ all rights of every kind and nature in results and proceeds of 'Sonic Mud Records’ services and performances, including, without any limitation, all rights in and to the following composition and/or masters, performances, including the worldwide copyrights in that respect (including the universal copyright and any extension rights) for all uses of any nature throughout the world and universe. ‘The Customer’ shall accordingly have the sole right to copyright any performances, compositions and/or masters embodying Sonic Mud Records’ performances under ‘The Customer’s’ name as the sole owner and author thereof.


   'Sonic Mud Records' hereby assigns to ‘The Customer’ the entire right, title and interest throughout the universe, in and to the performances, compositions and/or masters.


    ‘The Customer’ hereby acknowledges and agrees that the musicians featured and assigned to the work will be allowed to collect performance copyrights (qualified members of PPL PRS Ltd.) on the session work delivered by 'Sonic Mud Records'. For more information please click here to visit the PPL PRS Ltd. website.


   'Sonic Mud Records' acknowledges and agrees that ‘The Customer’ and his or her affiliates, assignees, licensees, etc. have the right to use, produce, reproduce, record, re-record, adapt, edit, delete from, add to, combine with other works, translate, print, publish, advertise, transmit, perform, broadcast, disseminate and otherwise exploit and authorise the exploitation of the performances, compositions and/or masters by any and all means now known or hereafter devised.


    'Sonic Mud Records' hereby waives the benefit of any provision of law known as “moral rights” or any similar analogous provision of any treaty, statute, regulation or rule of law of any government or quasi-governmental body in any country of the world or throughout the universe.


    'Sonic Mud Records' reserves the rights to determine how its name, musicians' names, logo and other brand references will be published under ‘The Customer’ releases. ‘The Customer’ shall accordingly publish the music as stated in the publishing and mastering notes which will be delivered to ‘The Customer’ via the Sonic Mud Records Cloud Portal on completion of the works.



2. Music production service (including film soundtracks production):


    ‘The Customer’ hereby acknowledges and agrees that 'Sonic Mud Records' shall receive the rate of 20% of the copyrights on the work delivered to and published by ‘The Customer’.


    ‘The Customer’ hereby acknowledges and agrees that the musicians featured and assigned to the work will be allowed to collect performance copyrights (qualified members of PPL PRS Ltd.) on the work fully produced and delivered by 'Sonic Mud Records'. For more information please click here to visit the PPL PRS Ltd. website.


    'Sonic Mud Records' acknowledges and agrees that ‘The Customer’ and his / her affiliates, assignees, licensees, etc. have the right to use, produce, reproduce, record, re-record, adapt, edit, delete from, add to, combine with other works, translate, print, publish, advertise, transmit, perform, broadcast, disseminate and otherwise exploit and authorise the exploitation of the performances, compositions and/or masters by any and all means now known or hereafter devised.


    'Sonic Mud Records' reserves the rights to determine how its name, musicians' names, logo and other brand references will be published under ‘The Customer’ releases. ‘The Customer’ shall accordingly publish the music as stated in the publishing and mastering notes which will be delivered to ‘The Customer’ via the Sonic Mud Records Cloud Portal on completion of the works.



3. Order delivery:


   Order delivery is defined by the upload of the final audio tracks to the Sonic Mud Records Cloud Portal. 'Sonic Mud Records' maintains your audio tracks live for download for a period of 28 days following the completion of each project. It is the ‘The Customer’s’ responsibility to download the final tracks within this time period. 



4. Turnaround time:


    Session tracks and Online mastering service


    The turnaround time formally starts when 'Sonic Mud Records' receives from ‘The Customer’ the correct, uncorrupted files and clear instructions of what ‘The Customer’ expects of the recording for each service ordered. Consequently the turnaround time for Session Tracks is five working days and the Online Mastering Service is three working days If ‘The Customer’s’ order contains inadequate files or is missing important information, our turnaround time will start from the time of receipt of the requested material and information. 'Sonic Mud Records' shall notify ‘The Customer’ of the missing material/information via the Sonic Mud Records Communication Centre within a reasonable period of time and within the original turnaround time.

   

    Music Production and Film Soundtracks production


   Our turnaround time for Music Production and Film Soundtracks Production will be discussed and confirmed in written upon agreement of both parties at the start of the work. 


    In some rare cases, such as illnesses, extreme complexity of work, equipment failure, etc; we reserve the right to extend the turnaround time. In such cases, ‘The Customer’ will be notified in writing by email or via the 'Sonic Mud Records Communication Centre' within a reasonable period of time and within the original turnaround time. In such cases a 20% refund of the order value applies which must be requested by ‘The Customer’ within 14 days of the order delivery. 



5. Alterations:


    ‘Sonic Mud Records’ offers one free alteration and a second alteration for 50% of the original order cost for each session track ordered. Alteration requests are only accepted within 14 days from the delivery date. An alteration is defined as a modification of the original recording (not a complete retake).



6. Refund policy:


    'Sonic Mud Records' is a collaboration medium that allows ‘The Customer’ to collaborate with 'Sonic Mud Records'' high profile musicians. ‘The Customer’ hereby acknowledges that under his/her written input or instructions at the checkout page and/or the Sonic Mud Records Communication Centre at the Sonic Mud Records Cloud Portal, the musician will perform the work and reserve the right to arrange, create, alter and perform the work to suit the original material or composition provided by ‘The Customer’. 


    Sonic Mud Records assures ‘The Customer’ of the high quality of the works and offer a risk-free, money-back guarantee in cases of undelivered works, corrupted files or overreaching of the turnaround time without written notice. In such cases ‘The Customer’ shall request the refund within 14 days from the original order delivery date. 



7. Additional Takes/Layers:


    If ‘The Customer’ requires takes or layers in addition to the original purchase and after the project has started, these takes or layers will be considered a new service request and will be charged accordingly. 



8. Your Response:


    If ‘The Customer’ fails to respond to any communication regarding an order from 'Sonic Mud Records' within 14 days, the order will be automatically approved.



9. Your Warranty to Us:


    ‘The Customer’ is the rightful owner of the master recording and/or composition and all elements contained therein and warrants that it does not violate any law or infringe upon or violate the rights, including without limitation all copyright rights, of any individual or entity. If ‘The Customer' is not the rightful owner then they warrant to 'Sonic Mud Records' that they have the necessary and required permission/license from the rightful owner to re-record, edit and/or modify the master recording and/or composition. ‘The Customer' agrees to indemnify 'Sonic Mud Records' its agents or assignees and hold them free and harmless from and against any and all claims, liabilities, costs, losses, damages or expenses, including but not limited to, reasonable attorney fees and court costs, arising out of any failure or breach by ‘The Customer' with respect to its warranties as set forth in this Agreement.


10. Responsibility:


    'Sonic Mud Records' is not responsible for loss or damages caused by misusing its services and is not responsible for the storage of ‘The Customer’s’ material in its Cloud Portal and any data loss that might be caused by misuse or equipment failure. Although these services are available and free to use by ‘The Customer’ when the works start, it is recommended that ‘The Customer’ keeps a copy in his/her computer or local storage.


    ‘The Customer' waives the right to bring any legal action(s) against 'Sonic Mud Records' and/or its staff due to any damages or loss, financial or otherwise, resulting from ‘The Customer’s’ use of our recording, tracking, mixing, editing or mastering services.


    'Sonic Mud Records' reserves the right to refuse service at its discretion and/or terminate service at any time.


    The privacy of our customers and their material is very important to us. Click here to read our privacy policy.


    The 'Sonic Mud Records'' Terms and conditions may be amended at any time without notice.



11. The Sonic Mud Records Communication Centre (SMRCC, SMR Comm Centre):


    By accessing the 'Sonic Mud Records Communication Centre' you agree to be legally bound by the following terms:


    The 'Sonic Mud Records Communication Centre', powered by phpBB software, only facilitates internet based discussions; 'Sonic Mud Records' and phpBB ltd. are not responsible for what we allow and/or disallow as permissible content and/or conduct.


   ‘The Customer’ agrees not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that violates any laws in UK or in the 'Customer'' country. Doing so may lead to ‘The Customer’ being immediately and permanently banned from the 'Sonic Mud Records Communication Centre', with notification to your internet service provider if deemed required by us. The IP address of all messages are recorded to aid in enforcing these conditions.


    ‘The Customer’ agrees that 'Sonic Mud Records' has the right to remove, edit, move or close any project discussion at anytime should we see fit.


    ‘The Customer’ agrees to any information entered on the the Sonic Mud Records Communication Centre to be stored in a database. While this information will not be disclosed to any third party without ‘The Customer’s’ consent, neither 'Sonic Mud Records' nor phpBB Ltd. shall be responsible for any hacking attempt that may lead to the data being compromised. 



12. Disputes:


    The 'Sonic Mud Records Communication Centre' binds the agreement between ‘The Customer’ and 'Sonic Mud Records'' music professionals. In case of a dispute, 'Sonic Mud Records' customer services reserves the right to verify and adjudicate the authenticity of the claim as made by agreement between the parties on the message history in the project’s chat room.


    If a dispute arises out of or relates to this contract or the breach thereof, or the services provided by (or to be provided by) 'Sonic Mud Records', and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the British High Courts, before resorting to arbitration, litigation, or some other dispute resolution procedure.


    Any controversy or claim arising out of or relating to this contract, or the breach thereof, or the services provided by (or to be provided by) 'Sonic Mud Records', shall be settled by arbitration administered by the British High Courts in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.


   By using 'Sonic Mud Records'' services, ‘The Customer’ is waiving any right to file or participate in a class action, collective action, or other representative action against 'Sonic Mud Records', and is waiving any right to a jury trial, fully permitted by applicable law.



13. Notice and Procedure for Copyright Infringement Claim:


   'Sonic Mud Records' reserves the right, but not the obligation, to terminate your right to use its applications, its websites or its services if 'Sonic Mud Records' determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement of intellectual properties. 'Sonic Mud Records' accommodates and does not interfere with standard procedures and technical measures used by copyright owners to protect their materials.


    Note: If you believe that anything on the websites or the services infringes upon any copyright which you own or control you may file a notification of such infringement and submit them via email or the postal mail as set bellow:


Email address (for faster response): info@sonicmudrecords.com


Postal address: 297 Bromyard House - Bromyard Avenue, London W37BS.


    You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.


    'Sonic Mud Records' respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites or the Services; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.