Terms & Conditions of Business

We strive to provide excellent service to all our clients. When our clients are happy, we’re happy! Our terms & conditions of business aren’t exactly a thrilling read, but they are an important and necessary part of this happy relationship! Please read carefully before you begin any projects with us and feel free to get in touch if you have any questions.

In the following terms and conditions, We and Us shall refer to:
Auburn Jam Music LTD
Company registered in England & Wales no. 09410232
Registered address: Sherwood House, 41 Queens Road, Farnborough, GU14 6JP.
Trading address: 580a Kingston Road, London SW20 8DR.

These Terms and Conditions will apply to and govern all projects, services and goods provided by Auburn Jam Music LTD, Joseph Davison (Joe), Nicola Davison (Nikki), our affiliates, subsidiaries, agents or contractors acting on our behalf, and shall prevail over any terms and conditions of you, the Client, whether referred to in your order or in correspondence and elsewhere, or implied by trade custom or practice. Any purported provisions to the contrary are hereby excluded or extinguished. No variation of these terms and conditions shall be effective unless previously agreed in writing. These Terms and Conditions are deemed to have been accepted by you before any work undertaken by us has commenced.

Prices are subject to change upon Auburn Jam Music LTD giving 7 days notice. All products (including special offers and promotions) are subject to availability. Although we will always strive to give as much notice as possible, promotional offers are subject to change or withdrawal without notice.

In extreme circumstances including, but not limited to, illness, power failure and family bereavement, we reserve the right to cancel sessions without prior notice. However, we will endeavour to give as much notice as possible and to rearrange a mutually convenient appointment at the earliest opportunity.

In the event that you need to cancel a session with less than 48 hours’ notice, we will endeavour to fill the booking from our waiting list, but reserve the right to charge for the session in full if we are unable. Payment will be payable within 14 days of notification of the amount owing.

For most projects we will ask for a deposit payment (maximum 50%) upfront with the remainder due on approval of the final delivered files. All deposit payments should be made immediately on, and certainly no later than 2 days after, receipt of invoice, in order to secure bookings, or in order for us to begin work on a project. Until payment is made, we reserve the right to offer your session time to someone else, or not begin work on your project.

Payment is required in advance of us ordering goods or services on your behalf from third party suppliers (e.g. for equipment hire, CD printing, license acquisition).

All invoices with payment terms ‘Due on receipt’ should be settled immediately, and at the very latest within 2 days of the date of invoice. If payment has not been received in full by this date, we reserve the right to charge interest on any outstanding balance at the statutory rate allowed by the Late Payment of Commercial Debts (Interest) Act 1998 from 2 days after the date of the invoice. We also reserve the right to cease work for you immediately so as not to incur additional costs.

All other invoices should be settled as soon as possible, and at the very latest within 14 days of the date of invoice. If payment has not been received in full by this date, we reserve the right to charge interest on any outstanding balance at the statutory rate allowed by the Late Payment of Commercial Debts (Interest) Act 1998 from 14 days after the date of the invoice. We also reserve the right to cease work for you immediately so as not to incur additional costs.

We operate a strict no-smoking or drug use policy on our premises. Anyone who breaches this policy may be asked to vacate the premises immediately and we reserve the right to charge for lost session time in full.

In accepting these terms and conditions by Auburn Jam Music LTD undertaking work for you, you agree to take due care of all property and equipment belonging to us, whether within Auburn Jam Music LTD itself, hired by us, or loaned to you for use elsewhere. Any damages to property or equipment belonging to us, hired by us, or loaned to you shall be paid for in full within 14 days of notification of the amount owing. If damaged equipment can be satisfactorily repaired, the amount charged will be the full cost of repairs; otherwise it will be the current replacement value.

All equipment is used at your own risk. We cannot be held responsible for any accident or injury through improper use of equipment by you. Similarly, while you are on our premises we can only be held responsible for any loss or damage to your belongings which is incurred through our fault and therefore covered by our insurance.

Occasionally we may take photographs or videos of recording sessions at the studio for promotional purposes, such as for use on our website. We shall be under no obligation to you in this respect. Please advise us at the time if you would rather not be photographed.

At Auburn Jam Music LTD, we want to help and support artists who choose to record with us as much as possible, and have drawn up a copyright policy which we hope reflects this.

In accepting these terms and conditions, you hereby warrant to us that any material performed by you and recorded by us is not in breach of any existing copyright, and that either:
copyright to the material belongs to you;
or:
you have obtained the necessary permission to record the material.
We shall not be held liable for any breach of copyright. We may be able to assist in the acquisition of appropriate licenses upon request.

The copyright and phonograph rights to any original material recorded at Auburn Jam Music LTD remains the property of the artist or client, unless:
(a) The artist is signed to our affiliate record label Auburn Jam Records, in which case the artist assigns the phonograph rights to Auburn Jam Records. A separate agreement will be made in this instance.
(b) The original musical content of the material recorded at Auburn Jam Music LTD is significantly (as determined by us) altered by Auburn Jam Music LTD staff through composition, re-arrangement or production, and the material is subsequently either: sold independently; or signed to a record label or production company. A separate agreement will be necessary in these instances.

We reserve the right to use any material recorded at Auburn Jam Music LTD to promote our studio and work, both on our website and in other forms and media.

Wherever material recorded at Auburn Jam Music LTD is promoted or sold, it is to be credited to us as follows, unless stated otherwise in a written agreement:

‘Recorded*, mixed*, produced*, mastered*, music* by Joe Davison & Nikki Davison* for Auburn Jam Music’ (*delete as appropriate)

This reference should be linked to our website ‘www.auburnjam.co.uk’ if it is online.

Wherever material is promoted or sold for which Joe and/or Nikki have performed as instrumentalists or vocalists, we are to be credited individually for our particular instrumental and/or vocal contribution(s).

Any music released commercially and/or for public broadcast that has been produced by Joe, or features Joe and/or Nikki as instrumentalists or vocalists, is to be registered with <a href=”ppluk.com” target=”_blank”>PPL</a>, and our contributions for each instrumental, vocal, or production contribution linked to each recording along with our membership numbers below.

Any music released commercially and/or for public broadcast that has been written or co-written by Joe and/or Nikki is to be registered with <a href=”ppluk.com” target=”_blank”>PPL</a> and <a href=”http://www.prsformusic.com/” target=”_blank”>PRS</a>, and our percentage contribution is to be agreed in writing and registered with these royalty collection agencies using his membership numbers below:

Joe PPL Number: 0300161771
Nikki PPL Number: 0300173917
PRS Number: 799354279

At Auburn Jam Music LTD, we aim to provide you with a high-quality end product to meet your requirements, as discussed in advance. Once you have received your final product, you must notify us within one week of any technical errors. Any subjective changes required, or changes requested to previously approved artwork or masters, must be paid for at the full rate.

We shall not be liable for any loss or damage or injury of any kind caused by your own act or omission, whether direct, consequential or otherwise, arising in connection with the execution of projects, goods or services, or from any other cause whether or not due to the omissions of us, our staff, contractors, or agents, in excess of the project invoice value.

We shall not be liable to you for any loss or damage which may be suffered by you as a result of the execution of a project being delayed or hindered or made uneconomic by reason beyond our control including, but not limited to:
<br>(a) Act of God, or riot, or strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense;
<br>(b) Failure by you to give adequate instructions, or supply the necessary information in due time;
<br>(c) Failure by any third party to carry out their part of the work or otherwise perform their obligations when required.

All claims in respect of material, goods or non-execution of projects, goods and services must be made in writing and received by us no later than one week after the date of delivery of the master disc to you, your premises or vehicle, or in the case of electronic transmission, from the date of transmission.

We may keep details of all Clients’ personal data (as defined by the Data Protection Act 1998) for our own records. Such data shall not be passed on to a third party without your prior consent.

Any waiver by us of any breach of any the above terms and conditions shall be valid only if given in writing, and only apply to that one breach and not future breaches.

All projects, goods and services to which these terms and conditions apply shall be governed and construed in accordance with the laws of England and Wales, and the parties hereby submit to the jurisdiction of the courts of England and Wales.

V3 02.02.2017