Terms and Conditions

0. Acceptance of Terms and Conditions

By commissioning, purchasing, downloading, or otherwise using any audio production, sound‑design, voice‑over, or related service (collectively, the “Services”) from Chris Kubacki (“we”, “us”, “our”), you (the “Client”) agree to be bound by these Terms and Conditions (“Terms”). If you do not accept every provision herein, do not use our Website or Services.

1. Definitions

Term	Meaning
Deliverables	Final or draft audio files, stems, project sessions, scripts, or other materials supplied to the Client.
Demo Audio	Preview material issued solely to demonstrate creative direction prior to approval.
Exclusive Buy‑Out Fee	A separately‑priced fee that grants the Client exclusive ownership of the identified Deliverables once paid in full.
Scope of Work	The agreed brief, quotation, proposal, or project description detailing Services, revisions, timelines, and fees.
Digital Product	Any pre‑made audio item purchased and downloaded from our online store (e.g., sweeper packs, stagers, sample libraries, or production beds).

2. Services

We provide professional audio production & sound‑design services, including—but not limited to—radio imaging, jingles, podcast editing, custom SFX, voiceovers, mastering, and the sale of pre‑made Digital Products. Specific Deliverables, timelines, and revision rounds are stated in the Scope of Work.

3. Quotes, Fees & Payment

Currency – All prices are in Australian Dollars (AUD) unless stated otherwise. International Clients bear conversion and banking fees.
Quote Validity – Written quotes are valid for 14 calendar days.
Deposits – A non‑refundable deposit of 50 % (or as quoted) is required before bespoke work commences.
Milestone / Final Payments – Balances are due prior to release of un‑watermarked, high‑resolution Deliverables. Late payments accrue 1 % interest per month and may suspend Services.
Scope Creep / Change Order – Requests outside the original Scope of Work will be costed separately and executed only after written approval and payment.
Kill Fee (Client Cancellation) – If the Client cancels after work begins, we retain the greater of (i) the deposit or (ii) the value of hours invested to date at our standard rate.

4. Demo, Portfolio & Promotional Use

Re‑Use of Demo Audio – Unless an Exclusive Buy‑Out is purchased, we may re‑use Demo Audio and non‑exclusive Deliverables in other projects or portfolios.
Showreels & Marketing – We may publicly showcase finished Deliverables (including the Client’s branding). Clients may opt‑out by paying a 25 % portfolio‑exclusion fee or the Exclusive Buy‑Out Fee.

5. Intellectual Property & Licensing

Ownership Prior to Payment – We retain all IP rights until cleared funds are received.
Standard Licence (Non‑Exclusive) – Upon full payment, the Client receives a perpetual, worldwide, non‑exclusive, non‑transferable licence to exploit the Deliverables for the Client’s own broadcasts, podcasts, advertising, or other agreed media (Permitted Purpose). Resale, sublicensing, distribution as a stand‑alone asset, or inclusion in AI‑training datasets is strictly prohibited.
Station Re‑Use – The Client may recycle the Deliverables across the same station, network, or brand family. New uses beyond that scope require written consent and may incur additional fees.
Exclusive Buy‑Out – Exclusive ownership passes to the Client only upon payment of the negotiated Exclusive Buy‑Out Fee.
Third‑Party Content – Where stock music or voice talent is licensed, usage is governed by the relevant third‑party licences provided.
Voice‑Cloning & AI Prohibition – The Client must not use any portion of the Deliverables (including isolated voice or music stems) to create or train artificial voice models or other AI systems. Breach results in immediate licence termination and potential legal action.

6. Revisions, Approvals & Deliverables

Included Revisions – Two (2) rounds of reasonable revisions are included unless stated otherwise. Extra rounds are chargeable.
Approval Window – Revision requests must be made within five (5) business days of receipt of a draft; silence equals acceptance.
File Formats & Delivery – Default format is WAV 48 kHz / 24‑bit, delivered via secure download link. Alternate formats on request.
Pronunciation Guides – Scripts containing uncommon words or names must be accompanied by phonetic or recorded guides. Corrections due to missing guidance are billable.

7. Digital Products & Store Downloads (Non‑Refundable)

Instant Delivery – Digital Products are delivered immediately after purchase. By completing the transaction you acknowledge that your right to a change‑of‑mind refund is waived under Australian Consumer Law for digital content delivered instantly.
Non‑Refundable & Non‑Returnable – Except where required by law (e.g., major failure), Digital Products are sold “as‑is” and are non‑refundable.
Usage Licence – Unless otherwise stated, store downloads carry the same Standard Licence set out in §5.2.

8. Termination & Suspension

By Us – We may suspend or terminate Services immediately if the Client:
a. Fails to pay any invoice by the due date;
b. Materially breaches these Terms and Conditions;
c. Engages in abusive, defamatory, or unethical behaviour; or
d. Causes the Scope of Work to drift materially from the agreed brief, making the collaboration unworkable (“not the right fit”).
By Client – The Client may terminate for convenience upon written notice. The Kill Fee (§3.6) applies.
Effect of Termination – All licences lapse until outstanding sums are paid. Draft materials must be deleted and may not be used publicly.

9. Client Responsibilities & Warranties

Accurate Information – Client‑supplied scripts, branding, and materials must be accurate and rights‑cleared.
Sabotage & Modifications – The Client must not manipulate Deliverables in a way that harms our reputation; we may publicly disassociate from such edits.
Regulatory Compliance – The Client is solely responsible for observing broadcasting, advertising, and copyright regulations (e.g., APRA AMCOS, PPCA, BMI, ASCAP reporting).
Public‑Performance Licensing – The Client must secure any public‑performance licences required for use of the Deliverables.

10. Confidentiality & Non‑Disparagement

Confidentiality – Information designated confidential shall be kept confidential and used only for fulfilling or enjoying the Services.
Mutual Non‑Disparagement – Neither party shall make statements intended to harm the other’s reputation.
Optional NDAs – We will enter into a reasonable non‑disclosure agreement upon request; legal drafting fees (if any) are chargeable.

11. Insurance & Risk Allocation

We maintain professional‑indemnity and public‑liability insurance to industry‑standard limits. Information about coverage levels is available on written request.
The Client agrees that our aggregate liability—whether in contract, tort, or otherwise—shall not exceed the total fees actually paid for the Deliverables giving rise to the claim.
We are not liable for indirect, consequential, or special damages (including lost profits) even if advised of their possibility.

12. Data Protection & Privacy

Compliance – We process personal data in accordance with the Australian Privacy Act 1988 (Cth) and, where applicable, the EU/UK GDPR.
Data Minimisation – We collect only the data necessary to deliver the Services and maintain our business records.
Security – Reasonable administrative, technical, and physical safeguards are in place to protect personal data.
Data Subject Rights – Data subjects may request access, rectification, or erasure of personal data by contacting us via the Website.

13. File Retention, Back‑Ups & Rush Fees

File Retention – Project sessions, stems, and raw recordings are archived for six (6) months after final delivery. Retrieval afterwards may be unavailable or incur an archive‑retrieval fee.
Client Back‑Ups – The Client is ultimately responsible for keeping secure copies of delivered files.
Rush Turnaround – Delivery requests shorter than the agreed schedule may attract a 25 – 50 % rush surcharge, quoted in advance.

14. Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including (but not limited to) natural disasters, war, cyber‑attacks, pandemics, or government action.

15. Amendments

We may update these Terms and Conditions by publishing a new version on our Website. Changes do not apply retroactively to projects already in progress unless agreed in writing.

16. Governing Law & Dispute Resolution

These Terms and Conditions are governed by the laws of New South Wales, Australia. Disputes shall first be referred to mediation in Sydney. If unresolved, disputes will be settled by binding arbitration under ACICA rules. Either party may seek injunctive relief to protect IP rights.

17. Miscellaneous

Entire Agreement – These Terms and Conditions, and the Scope of Work constitute the entire agreement and supersede all prior understandings.
Severability – If any clause is held unenforceable, the remainder remains in force.
Assignment – Rights may not be assigned without prior written consent, except that we may subcontract specialists while remaining liable for their work.
Electronic Acceptance – Acceptance by email, electronic signature, or click‑wrap constitutes execution of this agreement.

18. Other

For any information in regards to these Terms and Conditions please use the contact form.

Terms and Conditions last updated: June 2025