Terms and Conditions
Welcome to Chris Kubacki (the “Website”), operated by Chris Kubacki (hereinafter “we”, “us”, or “our”). These Terms and Conditions govern your access to and use of our Website, as well as any audio production services (the “Services”) provided through the Website. By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these Terms and Conditions, you must discontinue your use of the Website and our Services.
1. Services Offered
Our Website offers a variety of professional audio production services. These include, but are not limited to:
1.1 Sound Design and Audio Production:
Custom sounds and effects, background scores, audio enhancement, and editing for (but not limited to) radio stations, podcasts, advertisements, multimedia projects or digital content. Each sound is crafted to fit your unique project specifications.
1.2 Jingle Production:
We offer custom jingles tailored for brands, radio stations, podcasts, or commercials. Jingles can be created in varying lengths (e.g., 5, 10, 15, 30 seconds) to suit your marketing needs.
1.3 Podcast Editing Services:
Full post-production podcast editing services, including noise reduction, equalization, audio mixing, intro/outro integration, and any additional custom audio enhancement required.
1.4 Voiceover Services:
Offering professionally recorded voiceovers, including special packages such as buyouts of recorded numbers (e.g., station identifications) in different accents (American, British, etc.). These can be used for countdowns, announcements, or other promotional purposes.
Each service is tailored to the client’s specifications, and specific deliverables will be outlined and agreed upon before the commencement of work.
2. Pricing and Payment Terms
2.1 Service Pricing:
Prices for the Services are displayed on the Website or provided during the consultation process. Prices are subject to change at our discretion, but any changes will not affect confirmed orders where payments have already been made. Bespoke projects, including jingles for large corporations or tailored podcast editing, may require custom pricing based on the complexity of the project.
2.2 Deposits and Payment Schedules:
- A [non-refundable] deposit of [50%] of the total project fee is required for large projects before work begins. The remaining balance is due upon project completion, prior to final delivery.
- For smaller projects, payment in full is required upfront unless otherwise agreed.
- Payment terms for ongoing contracts (e.g., regular podcast editing) will be negotiated on a per-contract basis. Late payments may be subject to interest fees or suspension of service until payment is received.
2.3 Accepted Payment Methods:
We accept the following forms of payment:
- Credit/Debit cards (e.g., Visa, Mastercard)
- PayPal
- Bank transfers (where applicable)
- Apple Pay (where applicable)
- Google Pay (where applicable)
2.4 Currency:
All prices are listed and payable in $AUD, however, this may change if you live outside the Australian region for custom audio production and sound design. In this case, you will be invoiced in your local currency. Any fees associated with currency conversion or international transfers are the responsibility of the client.
2.5 Invoicing:
Clients will receive an invoice detailing the Services purchased and the payment due. All invoices are to be paid within set days of receipt unless otherwise agreed upon.
2.6 Late Payment Penalties:
Any payment not received within the agreed terms will incur a late payment fee of 5% per annum. Failure to make payment after repeated notices may result in legal action and the suspension of ongoing services.
3. Intellectual Property Rights
3.1 Ownership of Deliverables:
We retain full ownership and intellectual property rights over any audio, sound design, or media we create until full payment is received. Once the project is paid in full, the ownership of the final deliverable will transfer to the client.
3.2 License for Use:
Upon receipt of full payment, the client is granted a perpetual, non-exclusive, worldwide license to use the delivered audio files. This license allows you to use the files in your business, marketing, and public-facing media without any recurring licensing fees. This does not grant the right to modify, sell, redistribute, or repurpose the audio without prior written consent.
3.3 Third-Party Rights:
In cases where third-party elements are integrated into the final product (e.g., stock sound effects, licensed music), the client will be responsible for adhering to the licensing terms of these elements. We will inform you of any third-party content included and provide relevant licenses where applicable.
4. Content Ownership and Licensing
4.1 Buyout Packages:
Certain content (e.g., pre-recorded number packages in different accents) is sold under a buyout model. This means that once you purchase the content, you obtain a royalty-free, perpetual license to use the audio for any legal commercial or personal purpose without ongoing fees. You are not, however, permitted to resell the files to other third parties unless specifically agreed upon in writing.
4.2 Client-Provided Materials:
If you provide scripts, background music, sound effects, or other content for use in the project, you affirm that you have all necessary rights, permissions, or licenses to provide that material. By providing these materials, you grant us a non-exclusive, royalty-free license to use, reproduce, and modify the provided content solely for the purposes of completing your project. You agree to indemnify us against any claims of infringement related to materials you provide.
5. Delivery of Services
5.1 Delivery Timelines:
We commit to providing the final audio deliverables within the agreed timeframe, typically communicated in the project proposal or initial agreement. Timelines may vary depending on the complexity and scope of the project. Unforeseen circumstances, such as client delays or technical issues, may result in a revised timeline, which will be communicated to the client promptly.
5.2 File Format and Delivery Method:
Unless otherwise specified, audio files will be delivered in a high-quality WAV format. Alternative file formats (e.g., MP3, AAC) are available upon request. Files will be delivered electronically via email, cloud storage (e.g., Google Drive, Dropbox), or any other mutually agreed digital means.
5.3 Revisions and Amendments:
Clients are entitled to two rounds of revisions included in the original fee. Requests for revisions must be submitted within three to five business days of receiving the final deliverable. Any additional revisions beyond this period or the included number of rounds may incur additional charges, which will be communicated in advance.
5.4 Acceptance of Work:
Once the final deliverables have been provided, you will have two to four business days to review and request revisions. If no revisions or amendments are requested within this time frame, the project will be considered complete, and any further requests may require a new service agreement.
6. Refunds and Cancellations
6.1 Cancellation by Client:
You may cancel an order at any time before we begin work for a full refund. Once work has commenced, you may still cancel, but you will be charged for the portion of work completed up to the point of cancellation. Refunds will not be provided after the final delivery of Services unless the product is materially defective.
6.2 Refund Policy:
Refunds are only available in cases where the final deliverable does not match the agreed-upon scope or is defective in a material way. Clients are expected to request revisions before requesting refunds.
6.3 Force Majeure:
We will not be liable for any delay or failure in performing our obligations under this agreement if such delay or failure is caused by an event beyond our reasonable control, including but not limited to acts of weather, war, strikes, pandemics, or government regulations.
7. Liability and Disclaimers
7.1 Limitation of Liability:
To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, special, or consequential damages arising out of your use of the Website or Services, even if we have been advised of the possibility of such damages. This includes, but is not limited to, damages for loss of profits, business interruption, or loss of information.
7.2 Warranty Disclaimer:
We provide our Services on an “as-is” basis without any warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will meet your specific requirements or that the operation of the Website will be uninterrupted or error-free.
8. Client Responsibilities
8.1 Accurate Information:
You agree to provide accurate and complete information necessary to complete the project. This includes any relevant background, materials, or specifications required for the Services. We are not responsible for any delays or additional costs arising from incorrect or incomplete information provided by the client.
8.2 Compliance with Laws:
You are responsible for ensuring that your use of the delivered audio and content complies with all applicable laws, including copyright, broadcasting, and advertising regulations. You may not use our Services for any illegal, defamatory, or unethical purpose. If we suspect illegal use of our content, we reserve the right to terminate your project immediately without refund.
9. Website Usage
9.1 Prohibited Activities:
By using our Website, you agree to our terms and conditions, not to:
- Use the Website for any unlawful purpose.
- Attempt to gain unauthorized access to any parts of the Website or its underlying systems.
- Post or transmit any content that may be harmful, abusive, defamatory, obscene, or otherwise objectionable.
- Engage in any activity that could disrupt or interfere with the Website’s operations, including but not limited to spamming, phishing, or introducing malware.
9.2 User Accounts:
To access certain features of the Website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and agree to notify us immediately of any unauthorized access or breach of security related to your account.
10. Privacy
We take your privacy seriously. Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal information when you access the Website or use our Services.
11. Amendments to Terms and Conditions
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Changes will become effective immediately upon posting the revised terms on the Website. Your continued use of the Website or Services following the posting of changes constitutes your acceptance of the modified terms. We encourage you to review these Terms and Conditions regularly to stay informed of any updates.
12. Governing Law and Dispute Resolution
12.1 Governing Law:
These Terms and Conditions are governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles.
12.2 Dispute Resolution:
Any disputes arising from these Terms and Conditions or the use of our Services will be resolved through good-faith negotiations. If a dispute cannot be resolved amicably, it will be submitted to binding arbitration in Australia. Any legal action related to these Terms and Conditions must be filed in the courts of Australia.
13. Contact Information
If you have any questions about these Terms and Conditions or require further clarification, please contact us by using the online contact form.