© 2017 Auburn Jam Music Ltd. All rights reserved. Terms & Conditions.
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 or reschedule a booking with less notice than stated below, we ask for the following notice periods:
Full day session or less: 48 hours’ notice
2-3 day booking: two weeks’ notice
4+ days booking: one month’s notice
If bookings are cancelled with less notice than stated above, we will endeavour to fill the session time from our waiting list, but reserve the right to charge for the session in full for a cancellation or at 50% of the cost in the case of rescheduling if we are unable to fill the slot. Payment will be due 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 mid-resolution or mid-quality versions of final master files (e.g. mp3s, watermarked videos, mid-resolution artwork PDFs). Full resolution or full quality master files will then be delivered once final payment is received.
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 late payment fees and 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 late payment fees and 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;
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 and/or Nikki, or features Joe and/or Nikki as instrumentalists or vocalists, is to be registered with PPL 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 PPL and PRS, 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.
As standard, we will deliver the end-product master files to you as full-quality WAVs, high-quality mp3s and (where CDs are being pressed) a DDP file. If you require any other format or versions, including (but not limited to) instrumental tracks, stems or project files, we ask you to inform us of this at the time of your final recording/mixing/mastering session with us, and no later than two weeks after. Creation and delivery of any additional formats will be chargeable at our current hourly rate.
Whilst we do store and archive all project data, and will do everything we can to re-deliver masters and other formats to you upon request, please be aware that we have a very high turnover of data to manage. As such, your project will be archived two weeks after end-product delivery, and we cannot be held responsible if this archived data is lost through circumstances beyond our control, including (but not limited to) data corruption and fire.
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:
(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;
(b) Failure by you to give adequate instructions, or supply the necessary information in due time;
(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.
In order to begin any studio session or project working with Auburn Jam Music, or to register for an account in order to purchase and download products available on the Website, the Customer will need to provide information including a first and last name, current and working email address owned by the customer, a password, and billing and/or shipping address.
This information is confidential and you remain responsible for the consequences of the use of your account and information, and for providing correct information, modifying as and when necessary.
In order to being any session or project with Auburn Jam Music, or to purchase and download products from the Website, you will be asked to provide some personal information including, but not limited to, your first and last name, address, country, email address, phone number, billing and/or shipping address or other contact information. If you do not wish to provide this information, you are under no obligation to use services that require it. You are still very welcome to visit the Website and use any of our services which do not require any personal information.
When making a purchase from our website, there will be an active opt-in option during the purchasing process to join our mailing list, should you wish to. When visiting the studio or working with us on a music production project, we may ask your permission via email to add you to our mailing list. If you agree, we will add your first and last name and email address to our mailing list, which is administrated using Mailchimp.
Auburn Jam Music may use information you provide to deliver to you the services you’ve purchased. These include, but are not limited to, fulfilling your requests for products and services, delivering the content you’ve purchased, and helping our support to follow-up your issues. If you have opted in to join our mailing list during the Website purchasing process, or via email as a studio customer, we will use your information to keep in touch with you regarding news from our production studio, new music releases and business updates.
The information you provide will only be used by Auburn Jam Music. However, your information may be disclosed where we are obliged or permitted by law. If you post or send offensive, inappropriate or objectionable content on Auburn Jam Music’s Website or studio, or otherwise engage in any disruptive behaviour on the Website or at the studio, Auburn Jam Music can use collected information to stop such behaviour.
Auburn Jam Music is dedicated to protecting the personal information you provide, and will not release it to any third party. Also, Auburn Jam Music will not sell, rent, swap or authorize any third party to use your e-mail address or any information that personally identifies you.
If the Customer communicated with Auburn Jam Music via e-mail, telephone, web form or by posting a comment on the website, we may retain such information in the records of your account. We do so in order to measure and improve our customer service and to protect ourselves against potential fraud and violations of our Terms of service.
Cookies are small amounts of data sent to your computer. They may be used to store or recall some information such as your password or user name so that you do not need to re-enter that data each time you use our Website. Please note that your browser could be configured to accept or reject cookies, or notify you when a cookie is set, so you may need to enable cookies from www.auburnjam.co.uk to use some of the services on our Website.
The Customer always has the right to access their personal information, the right to rectify or to complete it if it is inaccurate or incomplete, as well as the right to oppose its use in any way not authorised by this document.
Any such request should be made by email to firstname.lastname@example.org
Auburn Jam Music cares about the security of your personal information. In order to ensure data privacy, security, and protect against the loss, misuse or alteration of the information under our control, our database is security protected.
Auburn Jam Music may deactivate, without notice or allowance, your account in case of disrespect by you of these general conditions, of illegal distribution or use of the products provided, of failure to pay the due sums, or other acts against Auburn Jam Music’s interests.
If you wish to deactivate your account, please email your request to email@example.com
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.