Terms and Conditions
The terms “HPS”, or “us” or “we” refers to HPS, the owner of the website. The term “you” refers to the user or viewer of our website.
1 Content & General Use:
1.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
1.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.3 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this notice, which shall remain in full force and effect.
1.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
1.5 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. We do not warrant that the Content or Materials are virus-free or that the operation of the Site will be uninterrupted or error free. Any Content or Material that you download to your computer or otherwise obtain through the Site is at your own discretion. You will be solely responsible for any damage to your computer or any of your data that results from you downloading any of the Content or Material.
1.6 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give to a claim for damages and/or be a criminal offense.
1.7 This website also includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
1.8 Your use of this website and any dispute arising out of such use of the website is subject to the laws of the world.
1.9 You agree to to use the site (including publishing links to the site from your own or other sites) in a fashion that does not (in our sole judgement) negatively reflect upon our goodwill or reputation)
Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.
In addition to general information about our services, the site also provides you with optional audio upload and download facilities and an interactive Order Form through which you may contact us, and provide us with information about yourself and your requirements. The use of this area of the site.
HPS is subject to the ‘General Use’ terms specified above as well as the following:
2 Online Mastering – Upload and Ordering Facilities
2.1 There is no obligation on us embodied in your decision to upload audio to our server.
2.2 Your online Order Form submission is for our information only and does not in any way constitute a contract.
2.3 If we decide to enter into an agreement with you based on your online Order Form submission, we will contact you by email to confirm the details and conditions of such an agreement. For the avoidance of doubt our email will take precedence in the case of any conflict.
2.4 Once work has commenced, any audio you have uploaded will be copied to our studio drives. Once this has taken place, such audio will be deleted from our server.
2.5 If we decide not to proceed with any work on audio you upload, we will delete it from our server.
2.6 We reserve the right to delete without notice any files uploaded to our server which are not specifically referred to in an online Order Form or brought to our attention by email.
3.1 HPS shall carry out the Work as described in your online Order Form (subject to confirmation by email) with all due care and diligence, in a fully and suitably equipped Mastering Studio by an experienced Engineer.
3.2 For the avoidance of doubt the Client acknowledges and accepts that it is incumbent upon the Client to ensure that the Pre Production Master (if supplied) or any Pre-Production Master created by the client using Mastered files supplied by HPS meets with its full satisfaction as aforesaid before proceeding to mass production commercial exploitation of the recording thereon.
3.1 In consideration of any work we undertake for you, you will pay us a Fee identified by us in our confirmation email.
3.2 You will pay us a deposit of not less than 50% of the total Fee before we proceed. The balance will become due upon your approval of your audition file samples (s).
3.3 When we have received full payment from you, we will provide your mastered file(s) and/or disc(s).
3.4 Unless otherwise agreed in writing, the payment mechanism shall be by debit/credit card, or by way of a secure third party internet site.
3.5 Your debit/credit card details will be taken from you over the telephone and not stored electronically or otherwise by us. There is no facility on the website for collecting payment details.
3.6 All amounts identified are exclusive of VAT and other applicable taxes. These will be payable by you at the current rate.
4 Download Facilities:
4.1 When you fill in your online Order Form you will provide a “Username” and “Password” which will give you sole access to your personal folder on our server.
4.2 You shall not use and /or access or attempt to use and /or access any other account than your own.
4.3 You agree that you are responsible for maintaining the confidentiality of your Password and Username and are fully responsible for all activities using your Password and Username.
4.4 We deserve the right to disable your Username & Password at our sole discretion.
4.4 The ownership of all audio or other material you upload to our server is retained by you. Whilst we will takes such steps as we feel appropriate to protect your audio or other materials we cannot guarantee the same. FOR THE AVOIDANCE OF DOUBT WE HEREBY EXCLUDE ALL LOSSES, DAMAGES, COSTS, EXPENSES OR SUCH OTHER LIABILITIES RELATING TO ANY LOSS OR UNAUTHORISED ACCESS OF YOUR AUDIO AND/OR MATERIALS.
5 Separate Terms & Conditions
5.1 These terms and conditions apply to the use of the website and the Online service. The purchase and use of services available are subject to separate terms & conditions.
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
1.1 Information about your computer and about your visits to and use of this website, such as your IP address, geographical location, browser type, referral source, length of visit and number of page views;
1.2 Information that you provide to us for the purpose of registering with us;
1.3 Any other information that you choose to send to us.
We do not collect credit/debit card details or any other payment information electronically via this website.
(2) Using your personal data
We may use your personal information to:
2.1 Enable your use of the services available on the website;
2.2 Send to you goods purchased via the website, and supply to you services purchased via the website;
2.3 Send statements and invoices to you, and collect payments from you;
2.4 Send you general (non-marketing) commercial communications;
2.5 Send you email notifications which you have specifically requested;
2.6 Deal with enquiries and complaints made by or about you relating to the website.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
(3) Other disclosures
3.1 To the extent that we are required to do so by law;
3.2 In connection with any legal proceedings or prospective legal proceedings;
3.3 In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
3.4 To the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.
(4) Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential.
(5) Policy amendments
(6) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at $10.00).
(7) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(8) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
HPS SOUND & TECHNICAL
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