These Terms and Conditions are applicable to all agreements and instructions otherwise between the Client and Ian Mono and to any and all related (mastering) services by Ian Mono upon instruction of the Client.
In these Terms and Conditions, the following terms are defined as stated below:
Ian Mono/We: shall mean Ian Mono, a company organized under the laws of the Netherlands, with its business address at Loosduinenweg 271 in (2571 AD) The Hague (Chamber of Commerce number: 59519312).
Client/You: shall mean yourself or your business entity. For an employee or owner acting on behalf of a company, that company.
- Services Ian Mono
- Ian Mono could provide its Client upon request the following mastering services: stereo mastering, stem mastering, audio restoration, attended mastering session and mixing.
- Fees, costs and payment
- Mastering sessions are booked at the rates as mutually agreed by Ian Mono and the Client.
- In principal, Ian Mono will charge its Client according to fixed fees depending on the package of specific service(s) requested. Upon request of the Client such a package could be extended with additional services, to be agreed upon between Parties separately. If that is the case, Ian Mono could charge its Client a hourly fee for stem mastering and attended mastering sessions, to be agreed upon between Parties separately. See also card rates of Ian Mono on our website.
- All amounts due are excluding VAT (if applicable). The Client shall pay the amounts due within the term as mentioned on the invoice(s) of Ian Mono, ultimately within 14 days from the date of invoicing. Such payment terms are considered as firm
- It is the responsibility of the Client to cover in principal 100% of the cost of each mastering session as a confirmed mastering session booking. In principal, the deposit must be paid ultimately 10 days before the mastering session starts, as it is the Client’s responsibility to pay in a timely manner. Without such payment, Ian Mono shall be entitled to suspend the further execution of the agreement. If that is the case, the remainder of the mastering invoice issued by Ian Mono should be paid in full within the payment term mentioned on the invoice. Such payment terms are considered as firm.
- Failure to produce full payment will result in withholding of the mastering session time, all copies of work/recordings, masters and/or session files until all fees due have been paid to Ian Mono. No session media will be turned over to Client until full payment is made for the hours spend or the agreed fees due.
- Ian Mono accepts no responsibility for any costs incurred where this is not the case. Such extra costs will be invoiced to the Client in full as additional work.
- Upon request of the Client, Ian Mono will provide one set of amendments to existing digital material free of charge, once the Client has reviewed the mastering work/recording that has been performed. Subsequent amendments may incur additional charges.
- Where a new mix is supplied by the Client, to replace a mix that has already been mastered, Ian Mono reserves the right to view this as a new job/instruction and to charge for additional work accordingly.
- All additional work requested by the Client after approval has been given will be viewed as a new job and may be charged by Ian Mono accordingly.
- Where the Client requests Ian Mono to audition test pressings or digital masters prior to manufacture, it remains the sole responsibility of the Client to decide whether to proceed and the Client must accept responsibility for all costs relating to that manufacturing.
- Where Ian Mono agrees to reimburse the Client for any costs incurred hereunder, this will be by way of a credit note.
- Bookings cancelled with less than 24 hours’ notice may result in the Client being charged the full fee set forth in the card rate of Ian Mono for the agreed session.
- Your work/recordings
- The Client warrants and accepts that he owns all necessary rights and licenses in order to copy, reproduce, replicate, duplicate, edit, remix and manufacture his work/recordings and all other audio recordings and related materials supplied to Ian Mono to work on.
- The Client warrants that nothing whatever shall be included in the work/recording (or any software introduced by the Client) which might constitute or constitutes a breach or infringement of any copyright, neighbouring rights and/or other intellectual property rights or which shall be in any way illegal, scandalous, obscene or libelous.
- The Client is aware of the fact that Ian Mono shall not be required to reproduce any matter which in its reasonable opinion is or may be of an infringing, illegal, scandalous, obscene or libellous nature.
- The Client is aware of the fact that it is his sole responsibility to check all work/recordings provided by Ian Mono, and to obtain clearances and approvals prior to manufacture, replication, duplication or distribution or the making available to the public (e.g. via streaming) of the work/recordings. Should the Client choose not to request the appropriate product in order to carry out reasonable quality control checks (for example, but not exclusively, because of cost or time constraints) Ian Mono does not accept any responsibility for defects in the finished product.
- The Client accepts all responsibility for approving audio and metadata content of all work/recordings supplied by Ian Mono hereunder, prior to manufacture, replication, duplication or distribution or the making available to the public (e.g. via streaming).
- The Client accepts responsibility for the safe storage and archiving of all work/recordings, master and source materials once a project has been approved and work/recordings have been delivered. Ian Mono does not provide an archival service. However, on request of the Client Ian Mono will carry out a search of the servers for which a fee may be payable. Ian Mono can take no responsibility for the resupply of audio to any third parties (such as CD manufacturing facilities or digital aggregators) after the work/recordings has been finished, approved and final work/recording have been delivered to the Client. Whilst every effort will be made to ensure that no mistakes occur whenever audio is resupplied, the responsibility remains with the Client to ensure that the correct material has reached the correct destination.
- Ian Mono will undertake reasonable and industry standard efforts to avoid that the work/recordings provided to it by the Client hereunder will not be leaked and/or (mis)used by third parties and/or could be subject to online piracy activities of third parties.
- Indemnification and liabilities
- You agree to indemnify and hold harmless Ian Mono against any and all liability and any and all damage or loss of whatever nature arising from the use and exploitation of your work/recordings hereunder, including any reasonable legal assistance costs, as well as a result of breach of contract and/or non-compliance (otherwise) under these Terms and Conditions.
- We will make reasonable efforts by taking (technical) security measures in order to secure our studio, your work/recordings and digital platform against possible illegal use by third parties. You are not allowed to (try to) get around such measures, either directly or indirectly.
- If and as soon as Ian Mono is known with the fact that third parties are infringing or might infringe upon copyrights, neighbouring rights and/or other intellectual property rights pertaining to the work/recordings, We will inform You immediately. Ian Mono decides at its own reasonable discretion to take (legal) measures against (possible) infringement(s) upon the said rights. You will provide your reasonable cooperation in order to stop the infringement(s) upon reasonable request of Ian Mono.
- We have activated a so-called Take Down Notice Policy (TDNP) on our digital platform via which third parties could file for a claim based on (alleged) infringement of intellectual property rights related to the work/recordings provided by our Clients. In case of such claim, We will notify You immediately. Ian Mono shall be entitled to withdraw (parts of) the work/recordings from our digital platform in case of TDNP immediately, without being liable to You, for any and all damages. Clause 4.1 applies to such TDNP.
- It is a condition of the agreement between Ian Mono and the Client that all Client’s work/recordings shall have been copied by the Client before delivery to Ian Mono, and that Ian Mono’s liability for loss of or damage to a Client’s work/recording shall be at all times limited to the actual value of the media on which it is or has been recorded.
- In case You should have your own set of Terms and Conditions, We hereby declare such Terms and Conditions inapplicable.
- All information, works/recordings and other materials provided hereunder shall be treated by Ian Mono and the Client as strictly private and confidential.
- The Privacy Statement of Ian Mono shall be applicable to the use of personal data of the Client by or on behalf of Ian Mono.
- Ian Mono is allowed to make changes to these Terms and Conditions and will always give You notice of such changes in writing.
- These Terms and Conditions are governed exclusively by the laws of the Netherlands. All disputes arising from or relating to these Terms and Conditions shall be exclusively referred to the competent court in The Hague.
The Hague, The Netherlands, dated 10 October 2019