1. General terms and definitions
1.1. This document is an official offer - a public offer (hereinafter - the Offer) from REC your SOUND and expresses the intention to conclude an agreement for the provision and / or organization of the provision of services on the terms contained in this Offer.
— any legal entity and/or individual entrepreneur and/or individual having the legal capacity and legal capacity sufficient to conclude an agreement with REC your SOUND for the provision and/or organization of the provision of services on the terms established in this Offer and selected by the Customer;
– any fully capable natural person who intends to order services solely for the purposes related to the implementation of entrepreneurial (professional creative) and / or other commercial activities, and who has reached eighteen years of age or sixteen years in case of emancipation, has the right to accept the offer contained in the Agreement, and act independently on its own behalf within the framework of the Agreement.
1.3. "Acceptance" - the Customer's consent to the terms of the Offer, expressed in the fulfillment of the requirements stipulated by the Offer in full and payment of the full cost of services under the Agreement.
1.4. "Services" - services for the implementation and / or organization of sound recording (including remote recording) of a performance by a group of musicians in accordance with the Order, provided by the Contractor in accordance with the Rules for the provision of services posted on the official website of the Contractor and which are an integral part of the Agreement.
1.5. "Site" - the website of the Contractor, located in the information and telecommunication network Internet under the domain name (address, domain): REC your SOUND.
1.6. "Order" - an order agreed between the Customer and the Contractor for booking a recording session of the performance of the score of a work/materials by a composition of musicians, indicating the full scope of services (including the date and duration of the recording session, the composition of the orchestra) and the order/method of payment for the Contractor's services.
After agreeing and confirming the Order, the Customer provides REC your SOUND with complete and accurate details for issuing an invoice.
1.7. "Agreement" - the provision of the Services and / or the organization of the provision of the Services at the request of the Customer on the terms and in the manner determined in the agreement / public offer and the Order.
1.8. "Score" - a musical notation of a polyphonic musical work in the entire set of parts of instruments and voices, intended for performance by a group of musicians.
In connection with the foregoing, carefully read the text of the Offer and, if you do not agree with any clause of the Offer, Orchestra Scoring invites you to refuse the order and use the services.
2. Legal basis
2.1. The legal basis for regulating relations between the parties under the Agreement is the Civil Code and other regulatory legal acts.
2.2. The agreement contains a public offer.
2.3. The Agreement is considered concluded after the Acceptance (acceptance) by the Customer of the Contractor's Offer. Acceptance of the Contractor's Offer is the agreement between the Customer and the Contractor of the terms of the Order and the Customer's prepayment of the cost of services in full according to the invoice issued by the Contractor.
2.4. By accepting the Contractor's Public Offer in the manner specified in clause 2.3 of the Agreement, the Customer confirms that he is familiar with, agrees to fully and unconditionally accepts all the terms of the Agreement in the form in which they are set forth in the text of the Agreement, and undertakes to follow them.
2.5. The Agreement does not require sealing and / or signing by the Customer and the Contractor (hereinafter referred to as the Parties) and remains legally valid.
3. Subject of the contract
3.1. The subject of the Agreement is the provision of Services by the Contractor on the terms and in the manner specified in the Agreement.
3.2. The Customer fully accepts the terms of the Agreement and pays for the Services of the Contractor in accordance with the requirements of Section 5 of the Agreement.
3.3. The types of Services, the volume and content of the Services are determined by the Contractor and indicated on the web pages of the Site - https://recyoursound.com, or are specified by the Contractor using the Contractor's e-mail: email@example.com.
3.4. The term for the provision of Services: from the date of conclusion of the Agreement to the date of sending by the Contractor to the Customer of all recorded materials, inclusive.
3.5. The Parties to the Agreement agree and confirm to each other that in the event of early termination of the Agreement at the initiative of the Customer (after the Acceptance of the Offer), the return of funds by the Contractor is made in the manner prescribed by clause 5.5., clause 5.6. and clause 5.7. Agreement.
4. Rights and obligations of the parties
4.1. The Contractor undertakes:
4.1.1. Provide the Customer with the opportunity to fill out the Order through the Site and, together with the Customer, form the final conditions of the Order;
4.1.2. After the Customer fills in the Order, send a letter to the Customer's e-mail address confirming the receipt of the Order by the Contractor and containing an individual Order number.
4.1.3. Bring to the attention of the Customer the necessary information about the Services by posting it on the Site;
4.1.4. Give the Customer clarifications on the procedure and rules for filling in the Order on the Website, the content of the Services provided and other issues related to the provision of the Services under the Agreement, orally by phone or in writing by e-mail;
4.1.5. Provide Services to the Customer in the amount stipulated by the Order. At the same time, the Customer understands and agrees that the time provided for the recording session includes the time necessary to discuss creative tasks and perform tasks related to the technical support of the recording session (for example, the time required to switch Pro Tools sessions or change microphone switching, if required for solving the tasks set by the Contractor), while the time of the recording session used for discussing the tasks and for the technical support of the recording session is not compensated by the Contractor, at the same time, for its part, the Contractor assures that it will do everything possible to ensure that the time of the recording session is used as efficiently as possible.
4.1.6. In the event of a change in the date of the recording session, notify the Customer at least 7 (seven) calendar days before such a change. Notification is carried out by posting relevant information on the Contractor's Website, as well as by sending a message to the Customer's e-mail address specified by the Customer when placing the Order;
4.1.7. Check the works sent by the Executor of the score for typographical errors
and inaccuracies, within 7 (seven) calendar days from the date of receipt of the scores and / or payment of the invoice (depending on which of the two events occurred later) and immediately after verification, coordinate with the Customer the introduction of corrections to the score (in this case, the Customer independently decides about the need to make changes to the score, and, if necessary, independently makes corrections to the score and sends the corrected version no later than 48 hours before the day of the recording session, and is fully responsible for the accuracy of the corrections made). If the Customer does not send a corrected version within the specified period, the Contractor has the right to conduct a recording session based on the score originally sent by the Customer;
4.1.8. Timely provide the Customer with hyperlinks to connect to the live broadcast from the recording studio. For communication during recording, the Contractor provides the Customer with an invitation to a Zoom conference, a WhatsApp group or similar services.
4.1.9. Within three days after the end of the session, provide the Customer with all the Recorded Materials in the form of files in the format agreed by the Parties through file-sharing services or by uploading to the Customer's FTP server.
4.2. The contractor has the right:
4.2.1. Receive from the Customer any information necessary to fulfill its obligations under the Agreement;
4.2.2. Check the Order filled by the Contractor on the Website and, if necessary, additionally agree on the parameters of the Order (date and duration of the recording session, the composition of the orchestra, etc.).
4.2.3. Independently determine the methods for providing the Services under the Agreement (including independently determine the set of microphones and recording technology. The absence of any microphones cannot be a basis for claims from the Customer. The Contractor is ready to accept the Customer's wishes regarding the use of microphones, but the final decision left to your own discretion);
4.2.4. In the event that the number of Customers of the group recording session on the date specified in the order is insufficient to provide the Services, reschedule the date of the group recording session to a later date within 90 (ninety) calendar days, notifying the Customer at least 7 (seven) calendar days prior to the entry into force of such changes by the methods provided for in clause 4.1.6. Agreement.
4.2.5. Suspend the provision of the Services to the Customer for technical, technological or other reasons that impede the provision of the Services, for the period of elimination of such reasons with the obligatory notification of the Customer and with the subsequent provision of additional time commensurate with the period of suspension of the Services;
4.2.6. Change or supplement any of the terms of this Agreement at any time by posting all changes on its Site, but not the terms of an already agreed Order.
4.3. The customer undertakes:
4.3.1. Independently get acquainted with the information about the provision of the Services in a timely manner;
4.3.2. If you wish to refuse to perform the Agreement as a whole unilaterally and send the Contractor a corresponding notice to the e-mail address specified in section 11 of the Agreement, at least 21 (twenty one) calendar days before the date of the recording session specified in the Order;
4.3.3. In case of postponing a group recording session at the initiative of the Customer, within 3 calendar days from the moment the Customer became aware of the need to postpone the recording session, contact the Contractor using the methods specified in section 11 of the Agreement and agree on a new date for the recording session;
4.3.4. Pay for the Services on the terms, in the manner and within the terms established in the Agreement. In the purpose of payment, it is mandatory to indicate the name of the Customer and the number of the Agreement;
4.3.5. Within 2 (two) working days from the date of payment for the Services and in case of the Contractor's request, send the Contractor to the e-mail address specified in section 10 of the Agreement, confirming the payment for the Services, a scanned copy of the payment order with the bank's note on execution (for a legal entity, individual entrepreneur ) or a scanned copy of the passport and receipt (for an individual) (if payment is made by the method specified in clause 5.3.2 of the Agreement);
4.3.6. 14 (Fourteen) calendar days prior to the date of the recording session agreed by the Parties in the Order, send to the Customer for checking the score in PDF files by e-mail, otherwise the Customer has the right not to check the scores;
4.3.7. Send all the necessary source materials for the recording session by the Performer (scores, parts, Pro Tools sessions, midi-files, playback files, if the recording should be performed under them) no later than 48 hours before the day of the recording session, otherwise the Contractor has the right refuse to provide the Services under the Contract, while the funds transferred by the Customer to the Contractor as payment for the total price of the Contract are not returned and are fully credited as a penalty to the Contractor under the Contract;
4.3.8 At the appointed time of the recording session, independently connect to the broadcast of the recording session, to the Zoom conference and to the WhatsApp group;
4.3.9. To get acquainted and take into account the information published on the Contractor's Website and sent to the Customer's e-mail address;
4.3.10. Do not shift responsibility for any damage incurred by the Customer in the process of using the Services to the Contractor.
4.4. The customer has the right:
4.4.1. Contact the Contractor for clarification on any issues related to the provision of Services under the Contract, orally by phone specified in section 10 of the Contract, or in writing by sending a message to the Contractor's e-mail address specified in section 11 of the Contract;
4.4.2. Require the Contractor to comply with the terms of the Agreement;
4.4.3. Refuse to execute the Contract as a whole unilaterally or postpone the date of the recording session by sending a corresponding notification to the Contractor by the methods specified in section 11 of the Contract, while the return and / or retention of funds transferred by the Customer to the Contractor as payment for the total price of the Contract is made in accordance with clause 5.5., clause 5.6. and clause 5.7
4.4.4. During the recording session, express your wishes to the conductor, musicians and
5. Cost of services and payment procedure
5.1. The cost of the Services under the Agreement is determined in accordance with the current prices indicated on the Contractor's Website in the relevant section "Booking", or is specified when the Order is agreed with the Contractor.
The cost of the Contractor's services is not subject to VAT
The cost of the Services under the Agreement includes all expenses of the Contractor related to the execution of the Agreement in full.
5.2. Payment for the Services of the Contractor under the Agreement is made on the terms of 100% (One hundred percent) advance payment.
In the absence of full advance payment for the cost of the Services, the Services are not provided by the Contractor.
The date of payment is the date of receipt of funds to the account of the Contractor, or to an account opened by the Contractor in any of the software and hardware tools of the payment service involved by the Contractor, aggregator and / or payment provider, depending on the payment method chosen by the Customer.
5.3. Payment by the Customer for the Services of the Contractor, provided for by the Agreement, is carried out within three calendar days (unless otherwise agreed in writing by the Parties) after the invoice is issued by the Contractor (including, indicating in the invoice the composition and content of the Services, the payment term, details of the Parties, links to the payment system, other information) by transferring funds to the account of the Contractor in one of the following ways:
5.3.1. In a cashless manner by transferring funds by the Customer to the Contractor's settlement account using the payment acceptance system and other electronic payment systems specified by the Contractor.
5.3.2. In a non-cash manner, by transferring funds by the Customer to the settlement account of the Contractor with sending to the Contractor, at his request, a copy of the payment order with a bank mark on execution, confirming payment, to the Contractor's e-mail address specified in section 11 of the Agreement.
5.3.3. In cash according to the details of the Contractor specified in Section 11 of the Agreement by depositing cash to a credit institution or a paying agent (subagent) engaged in accepting payments from individuals, sending the Contractor, at his request, a copy of the document confirming payment to the e-mail address Contractor specified in section 11 of the Agreement.
5.4. The customer is solely responsible for the correctness and timeliness of payments made by him.
5.5. If the Customer notified the Contractor of the cancellation of the recording session and unilateral refusal to execute the Agreement no later than 21 (twenty one) calendar days before the date of the recording session, the funds transferred by the Customer to the Contractor as payment for the total price of the Contract shall be returned by the Contractor to the Customer in full volume within 10 (Ten) working days from the date of receipt by the Contractor of the relevant notification from the Customer.
5.6 If the Customer notified the Contractor of the cancellation of the recording session and the unilateral refusal to execute the Contract less than 21 calendar days, but more than 14 calendar days before the scheduled recording session specified in the Order, the funds transferred by the Customer to the Contractor in payment of the total price of the Contract are not are returned, but can be counted as payment if the conditions of clause 4.3.3 are met and the recording session is postponed within 90 calendar days from the original recording date, or to the nearest available recording session date. In case of re-scheduling or canceling the recording session, the funds transferred by the Customer to the Contractor as payment for the total price of the Contract are not returned and are fully credited as a penalty to the Contractor under the Contract.
5.7. If the Customer has notified the Contractor of the cancellation of the recording session and unilateral refusal to perform the Agreement less than 14 (fourteen) calendar days before the date of the recording session, the funds transferred by the Customer to the Contractor as payment for the total price of the Contract shall not be returned and shall be fully credited to as a penalty to the Contractor under the Agreement.
5.8. The Contractor has the right to unilaterally, without prior notice to the Customer, change the cost of the Services (prices) for the Services provided, while the new tariffs are published on the Site. The new cost of the Services (price) does not apply to the Services already paid by the Customer and agreed by the parties in the Order. The new cost of the Services (price) comes into effect from the moment the relevant information is published on the Site, or is reported by the Contractor in the process of agreement by the Parties to the Order, if information about the change in the cost of the Services (price) has not yet been published on the Site.
5.9. Failure to connect the Customer to the broadcast of the recording session on the day of its holding does not entail the obligation of the Contractor to return to the Customer the funds received under the Agreement.
6. Liability of the parties
6.1. The Parties are responsible for non-fulfillment and improper fulfillment of the terms of the Agreement in accordance with the legislation.
6.2. The Customer is responsible for the accuracy, relevance, completeness and compliance with the legislation provided to the Contractor when filling out the Order on the Website.
6.3. The Parties hereby acknowledge that the Contractor is not responsible for failures in the operation and functioning of the Site, and therefore, any liability measures in this part cannot be applied to the Contractor.
6.4. Services provided by the Contractor are provided on an "as is" basis. At the same time, the Contractor shall not be liable, in any form, for the inconsistency of the Services provided with the goals, objectives and / or ideas and / or desires of the Customer.
6.5. The Contractor shall not be liable for the Services provided under this Agreement if the Customer was unable to connect to the broadcast of the recording session due to incompatibility of the Customer's equipment and/or software, or any other circumstances depending on the Customer. In this case, the Contractor provides the Services under this Agreement, based on its vision (including following the instructions in the score, as well as the instructions and wishes of the Customer, if any were indicated earlier).
6.6. The Contractor shall not be liable for the Services rendered under the Agreement if errors occurred on the side of third-party services used by the Contractor to broadcast the audio recording session, due to which the Customer could not connect to the broadcast.
The Contractor is not responsible for the quality of public communication channels or services that provide the Customer with access to its Services.
6.7. The Contractor is not responsible for losses and expenses incurred by the Customer, in particular:
6.7.1. losses and expenses caused by actions/omissions of third parties.
6.7.2. losses and expenses incurred in connection with failures and interruptions in the operation of the Site.
6.7.3. losses and / or lost profits and / or expenses of the Customer and / or third parties, regardless of whether the Contractor could foresee the possibility of such losses or not.
6.8. The Contractor is not responsible for improper fulfillment of obligations by third parties, in particular, by payment systems, credit institutions (banks), hosters and providers, mobile operators, etc.
6.9. The Contractor shall be liable for failure to fulfill obligations under the Agreement only if there is fault in the amount of real damage, documented.
Under no other circumstances shall the Contractor be liable (including for consequential damages, including lost profits, loss of profits, revenue, data or the purchase of analogue services, etc.). The total amount of the Contractor's liability to the Customer may not exceed the amount of money paid by the Customer under the Agreement.
6.10. The Contractor undertakes to organize a second recording session at his own expense or return the money for the services rendered if:
Failed to record/perform one or more orchestral parts for reasons not related to errors in parts or scores;
The wav file of one or more of the recorded instruments contains a technical defect that cannot be corrected using double editing;
Orchestra Scoring reserves the right not to refund money for services rendered if there is evidence of fraud or abuse by the customer.
In the event of a refund, REC your SOUND revokes the transfer of exclusive rights to use the sound recordings made by REC your SOUND, annulling the provisions of paragraph 9.3 of this offer.
6.11. The Parties are released from liability for violation of the terms of the Agreement if such violation is caused by force majeure circumstances (force majeure circumstances).
The parties agreed that such actions, including, but not excluding, are the actions of state authorities, local governments, fire, flood, earthquake, other acts of God, lack of electricity and / or failures that occur in telecommunications and energy networks, computer networks , blocking of an Internet resource, hosting, domain by its administrator for reasons beyond the control of the Contractor and not related to the guilty (illegal) actions of the Contractor, the actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and / or disabling software and / or hardware complex of each of the Parties, strikes, civil unrest, riots and other objective reasons that impede the execution of the Agreement for reasons beyond the control of the Parties.
In the event of force majeure circumstances, the deadlines for fulfilling the obligations specified in the Agreement are postponed for the period during which the circumstances have arisen.
7. Processing of personal data
8. The term of the contract, the procedure for its amendment and termination
8.1. The Agreement is considered concluded and comes into force from the date of Acceptance by the Customer of the Contractor's public Offer, including the approval of the Order by the Parties and payment by the Customer of the cost of the Services in accordance with the terms of the Agreement.
If the Customer fails to perform at least one of those specified in clause 2.3. Agreements of actions The agreement is not considered concluded.
8.2. The Agreement is valid until the Parties fulfill their obligations under it in full, unless terminated ahead of schedule by one of the Parties or by both Parties by agreement with each other.
8.3. The Agreement may be amended or terminated on the grounds and in the manner prescribed by the legislation and the Agreement.
8.4. In case of unilateral early refusal to execute the Agreement by the Customer, the Agreement shall be deemed terminated from the date of receipt by the Contractor of the relevant notification from the Customer.
9. Exclusive rights
9.1. The Customer guarantees that the scores of works/materials transferred to the Contractor for sound recording by the composition of musicians in accordance with the Order do not violate the intellectual rights of third parties. In the event of claims of third parties regarding the violation of their personal non-property rights and / or exclusive rights to the specified scores of works / materials, the sound recording of which was carried out by the composition of musicians in accordance with the Order, the Customer will independently take all measures within its control to resolve these claims, including payment legal and other possible costs at his own expense.
9.2. The Customer guarantees that it has the exclusive right in relation to the scores (works/materials) transferred under the Agreement necessary for the recording session, or the right to use these materials in ways sufficient for the Performer (third parties) to perform sound recording in accordance with the Order.
9.3. All exclusive rights to the results of intellectual activity arising in the course of the provision of Services by the Contractor under the Agreement belong to the Customer in full from the date of provision of all Recorded Materials to the Customer in the form of files in the format agreed by the Parties through file-sharing services or by uploading to the Customer's FTP server. The amount of remuneration for the transfer of exclusive rights is fully included in the cost (price) of the Services (in the amount of 1%) and is not paid additionally.
9.4. The Customer declares and guarantees that he (the Customer) will settle all and any claims (including, but not limited to, lawsuits, administrative penalties, etc.) of third parties on all and any issues related to the use of the score of the work/materials under the Agreement, independently and at his own expense, in the event of such a claim. At the same time, the Customer will make every possible effort to resolve these claims without involving the Contractor.
If the Contractor is involved in pre-trial, judicial or other proceedings, the Customer will take all necessary measures to relieve the Contractor from the need for direct participation in these proceedings (entry on its own initiative by a third party on the side of the Contractor, not obstructing the consideration of the case with the participation of the Contractor as a co-defendant, proper defendant - if the court adopts a relevant decision, etc.).
In the event that the Contractor incurs losses related to the foregoing (including all possible reimbursements, compensations, fines, legal costs and expenses, etc.), the Customer undertakes to reimburse them to the Contractor in full at the request of the latter within a period not exceeding 10 (ten) working days from the date of receipt of the relevant request from the Contractor.
9.5. For violation of the guarantees and assurances given by the Customer, as well as for violation of the obligations stipulated by the Agreement, which will be confirmed by a court decision that has entered into force, the Customer undertakes to compensate the Contractor for the actual damage incurred by him and documented, including any legal costs and amounts recovered, confirmed by the legal force of the court decision, in full.
10. Other terms
10.1. The Contractor does not provide the Customer with software tools for receiving the broadcast of the audio recording session on the Customer's device; the Customer acquires and / or installs the necessary software on his device independently.
10.2. The Parties have agreed that the act/acts of acceptance of the services provided in relation to the execution of the Order provided under the Agreement is not required and is not executed. In the absence of claims from the Customer, sent in writing to the Contractor within 3 (Three) calendar days from the date of transfer to the Customer of the link to download all the Recorded Materials in the form of files, the Services are considered to be provided by the Contractor in full and with proper quality and the Parties do not have no financial claims against each other.
10.3. The parties agreed that the amount of recorded material depends on the complexity of the music and the quality of the scores, as well as the wishes and instructions of the Customer during the recording session. The Customer understands and agrees that the information provided in this respect on the Site is advisory and reference in nature.
10.4. By concluding the Agreement, the Customer agrees to receive informational messages to the e-mail address specified during the initial filling out of the application form for booking a recording session on the Site.
10.5. The Contractor is not responsible for causing the Customer any other losses that have occurred or may arise from the Customer when using the Site. The Contractor is also not responsible for the content of third-party resources, links to which are posted on the Site.
10.6. The Customer, who is a minor, guarantees that he has received the written consent of his legal representative (one of the parents, adoptive parents, guardian) to conclude the Agreement in accordance with the requirements.
10.7. All messages, warnings, notices, statements and other legally significant messages (hereinafter referred to as the message) of the Parties during the execution of the Agreement shall be sent by the Parties in writing by e-mail to the e-mail addresses specified in Section 11 of the Agreement.
10.8. An e-mail message is considered received by the receiving Party on the day of successful sending of this message, provided that it is sent to the address specified in Section 11 of the Agreement. Sending a message by e-mail is considered failed if the transferring Party receives a message about the impossibility of delivery.
10.9. Disputes and/or disagreements that have arisen between the Parties in the performance of the terms of the Agreement shall be resolved through negotiations.
10.10. If it is impossible to resolve the dispute through negotiations, the pre-trial (claim) procedure for resolving disputes is applied. In these cases, the Party whose right has been violated, before applying to the court, is obliged to present to the other Party, within three calendar days from the date of sending the recorded materials by the Customer, a claim outlining its requirements, while when considering disputes, the Contractor has the right to request from the Customer all the documentation of interest regarding the considered case. If the Customer does not provide documents within one working day after the day of the request, the claim is not subject to consideration by the Contractor.
The claim may be submitted by the methods specified in Section 11 of the Agreement. The term for responding to a claim is set at 20 (twenty) working days from the date of its receipt / from the date of receipt of all the documentation of interest. The response to the claim is sent by the methods specified in Section 11 of the Agreement.
10.11. If it is impossible to resolve disagreements through negotiations, or in a claim procedure, all disputes and disagreements are referred to the court in the manner prescribed by the current procedural legislation.
10.12. In all other respects that are not provided for by the Agreement, the Parties shall be guided by the legislation.
1. Address and details of the contractor
Individual Entrepreneur Dzianis Lazikevich
Identification Number: 306355173
Legal Address: Georgia, Tbilisi, Samgori District, Mikheil Gakhokidze Street, N 49
Contact e-mail: firstname.lastname@example.org