Terms and Conditions
Magnetic Fidelity ("Magnetic Fidelity")
Foreword:
At Magnetic Fidelity we strive to provide the absolute sonic experience to our customers. We are always aiming for 100% customer satisfaction and we are proud of our outstanding customer service as well as our proven track record of very successful and awesome sounding albums. In the unlikely event that any problems should occur, affecting your experience with Magnetic Fidelity and the products or services we offer, we will try our best to promptly resolve any burdensome issues. However, some situations are beyond our control, in which case we attempt to warn and advise our customers about potential issues which may be of concern. In any case, we have compiled our Terms and Conditions as set out below, to prevent any misunderstandings and unfortunate situations in general.
These Terms and Conditions will always apply to any work undertaken by Magnetic Fidelity, and you are automatically accepting these Terms and Conditions by using our website, giving us any work or receiving any of our products or services.
1) Acceptance of Terms
By using this website and by making any arrangements with Magnetic Fidelity regarding our products or services and specifically when making any payments to Magnetic Fidelity, you are automatically agreeing to our Terms and Conditions as described herein. These written Terms and Conditions shall be the sole agreement between Magnetic Fidelity and the customer and shall render invalid any and all other contracts and written or oral agreements.
2) Exclusion of Warranties
2.1) Magnetic Fidelity shall not be held liable for any direct, special, incidental, consequential or other damages under any circumstances, that may arise as a result of any services or products provided by Magnetic Fidelity.
2.2)Magnetic Fidelity cannot offer any warranty, not even the implied warranty of merchantability or fitness for any particular purpose, of the final product or the individual production and/or manufacturing stages, or any service offered by Magnetic Fidelity.
2.3) Magnetic Fidelity cannot offer guaranteed delivery or manufacturing dates, under any circumstances. As such, we cannot accept any liability for any damages resulting from inability to deliver products or services within a specific time frame. Verbal or written indications of usual time frames do not constitute a contractual obligation.
2.4) Magnetic Fidelity cannot offer any guarantee of sound quality or suitability of our products and services for any subsequent process. The customer shall be fully responsible for evaluating and approving all reference material before proceeding with any manufacturing process or distribution.
2.5) Magnetic Fidelity shall not be held liable for any errors, faults, or other problems with material provided to us by third-parties on behalf of the customer. The customer is expected to check, evaluate and approve all material provided to us by third-parties on their behalf.
2.6) Magnetic Fidelity shall not be held liable for any damages or loss of property and equipment suffered by the customer during attended sessions, as well as any damages to health during their presence in any premises or locations where the provision of services or products by Magnetic Fidelity may take place.
2.7) Magnetic Fidelity shall not be held liable for any damages that may occur in transit, either through physical transportation of items or through the digital transfer of data. Customers shall be responsible for acquiring insurance covering such damages, and using appropriate diagnostic tools for identifying potential problems prior to dispatch and upon receipt.
2.8) Magnetic Fidelity shall not be held liable for any damages occurring from unauthorised use of our trade name, services, website, or any of the content on our website, printed material, audio in any format, or email communication.
2.9) Magnetic Fidelity does not offer any warranty that any of the equipment displayed on the Magnetic Fidelity website will be fully functional and available for use by our customers or that any specific piece of equipment will be used in conjunction with any of the products or services offered by Magnetic Fidelity.
3) Customer Liability and Risks
3.1) All source material shall be delivered to Magnetic Fidelity in strict accordance with our provided specifications. Inability to do so may result in extra processing charges.
3.2) The customer shall be solely and fully responsible for any royalties, licenses, payments, taxes, duties, fines, fees, commissions, and all other costs and liability that may arise directly or otherwise, from the production, processing, handling, manufacturing, distribution, or possession of the original source material, intellectual property, media, derivative works, by-products or other materials used or produced in the course of the provision of any products or services by Magnetic Fidelity, regardless of place, location or jurisdiction.
3.3) Magnetic Fidelity provides services and products which may require use of potentially hazardous materials and machinery, in a variety of locations and premises. Access to any such premises and attendance of customers, potential customers, or visitors is only permitted at their own risk. Magnetic Fidelity cannot guarantee the health and safety of anyone present in the vicinity of professionals at work, or in any premises or location where the provision of products or services by Magnetic Fidelity may take place.
3.4)The customer, potential customer, website user, or any other party directly or indirectly accepting or agreeing to these Terms and Conditions, agrees to indemnify, defend and hold harmless Magnetic Fidelity and their representatives against any claims, legal disputes, judgements, fines, fees, and all other losses including reasonable attorney's fees and any other expense towards legal representation and defense, howsoever arising out of or related to any material or intellectual property provided to Magnetic Fidelity, whether in relation to products and/or services or otherwise.
4) Scheduled Work
In the event that any scheduled work needs to be delayed or cancelled, Magnetic Fidelity shall not be liable for any loss or damage of any nature whatsoever, suffered by the customer. Such work would simply be rescheduled, at Magnetic Fidelity's sole discretion, for any date deemed convenient.
5)Use of the website
5.1)This website is owned and operated by Magnetic Fidelity.
5.2)The information, artwork, text, video, audio, pictures, software and other intellectual property contained on the website are owned by Magnetic Fidelity and all rights are reserved. Unauthorised use is strictly prohibited.
5.3)The Magnetic Fidelity website may contain links to other websites. Magnetic Fidelity is not responsible for or liable for the content or Terms of Use and practices of other websites. All external websites are accessed at the user's own risk.
5.4)By accessing this website, users expressly agree that use of the website and related services or products is at their sole risk. Magnetic Fidelity does not offer any warranties with regard to the website, not even the implied warranty of merchantability or fitness for any particular purpose.
5.5) By using the website, its content and/or related products or services, you agree that Magnetic Fidelity will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the website, content or related services.
5.6)Magnetic Fidelity reserves the right to modify any content on this website, at any time, without prior notice to users.
5.7)Magnetic Fidelity does not offer any warranty regarding the compatibility of this website with any particular equipment, device, or software.
6) Personal Data
Magnetic Fidelity cannot offer any warranty regarding the security of any personal information under any circumstance. Magnetic Fidelity assumes no liability for any disclosure of personal data due to unauthorised third party access or other acts of third parties.
7) Payment
7.1)All payments to Magnetic Fidelity shall strictly be made in advance of any products or services being delivered or received by the customer, in the currency and with the payment method agreed for each individual circumstance.
7.2) Magnetic Fidelity shall not be required to deliver or make available any products or services until payment in full has been received.
7.3) In the event that payment has not been made in full for any work undertaken by Magnetic Fidelity and as a result, any products or services requested by the customer have not been delivered, Magnetic Fidelity shall not be required to refund or reimburse any partial payments made in advance or made towards the completion of payment in full.
7.4) For billing purposes "track" shall be defined as audio of up to six minutes in duration, stored on, recorded on, or reproduced from any medium and format. Audio of less than six minutes in duration shall be considered a ``track'' in the event that it is a distinct recording, composition, or distinct part of a larger recording or composition. Audio exceeding six minutes in duration as a continuous recording or composition shall be billed as multiple tracks, the number of which shall be calculated as the total duration in minutes divided by six, and the result shall be rounded to the nearest integer. The application of this definition for billing purposes shall be at the sole discretion of Magnetic Fidelity.
7.5) The definition of a "recording day" for billing purposes shall be at the sole discretion of Magnetic Fidelity, depending upon the nature of the work particular to each individual instance. Magnetic Fidelity does not offer any warranty regarding the number of working hours defined as a "recording day", in relation to any products or services.
7.4) By making any payment to Magnetic Fidelity, you hereby acknowledge having received, read, understood and accepted these Terms and Conditions.
8) Choice of Law
8.1) These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes or legal proceedings arising out of or related to these Terms and Conditions shall be brought and adjudicated solely in the courts of England and Wales.
8.2) By using this website or by requesting any products or services, or when making any payment to Magnetic Fidelity, you are hereby accepting and agreeing to the sole jurisdiction of the English courts for the adjudication of any disputes or legal proceedings arising out of or related directly, indirectly, consequentially or in any other way to these Terms and Conditions.
9) Severability
Should any provision of these Terms and Conditions be deemed invalid, illegal or unenforceable at any time, the remaining provisions shall remain in full force and effect. Each provision if this Agreement is hereby declared to be separate, severable and distinct.
10) Force Majeure
Magnetic Fidelity shall not be under any liability for any failure to comply with any of the provisions of these Terms and Conditions or any failure to provide any products or services due to Force Majeure. For the purposes of these Terms and Conditions "Force Majeure" shall be deemed to include Acts of God, explosion, flood, tempest, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance, requisition, acts or restrictions or regulations or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations and embargo, capital controls, strikes, lock-outs or other industrial actions or trade disputes, difficulties obtaining materials, labour, fuel, parts or any machinery, power failure, breakdown in machinery, pandemic, epidemic or other form of illness or difficulty in obtaining medical supplies or healthcare.
