ProMusicianService acknowledges that all work performed for the customer relates to contract work.
ProMusicianService herewith grants to the customer all rights of any kind and nature to and for the results and profits from the goods and services provided by ProMusicianService within the scope of this agreement. This applies without restriction, to and including all rights to and for any following performances, compositions and/or masters, including global copyrights thereto (this includes global copyrights and all rights to renewals and expansions) for all purposes, regardless of what kind, whether known currently or subsequently arising, in a global scope. Accordingly the customer as sole proprietor and author has the sole and exclusive copyright to all performances, compositions and/or masters, to the services of ProMusicianService, performed in the name of the customer.
In the event that we – for any reason whatsoever – should not happen to be the author of the performance, compositions and/or masters, then ProMusicianService herewith conveys to the customer all rights, legal title and ownership to and for the performances, compositions and/or masters world-wide.
ProMusicianService acknowledges and agrees that the customer and customer’s subsidiaries, legal successors, licensees etc. have the right of utilization to the performances, compositions and/or masters in all presently known and future known types of utilization, to use, to reproduce, to record, to re-record, to adapt, to process and to delete from other works, to append to such works or to combine therewith, to translate, to print, to publish, to advertise, to convey, to send, to disseminate and otherwise to use and to authorize such usage.
ProMusicianService herewith waives any and all legal regulations globally which are recognized as “moral rights” or similar provisions of a contract, or a regulation or of a legal provision of any country or of any quasi-State authority.
+ For a preview of a track recorded by us, a period of from two to four business days or work days is anticipated, starting from the date of accepted order or from the date of receipt of your change request (weekends and holidays excepted). We require an additional 12 – 48 hours to upload the tracks to our server, from which you can then download the tracks.
If you may require a specific schedule, please contact us using the telephone number +43(0) 664 5870 422. Depending on availability, we may be able to accelerate the process.
+ In the event that important information for processing of the request is missing, then we will make contact with you. Our processing time will then be an additional two business days starting from receipt of the requested additional materials/information.
+ In some, very rare occasions, we reserve the right to request an extension of the processing time. In such case we shall notify you in writing by email.
+ Our highest priority is to offer you exactly the recording that you require. Therefore we offer a no-cost first revision for all our services.
+ Costs for supplemental revisions shall be 50% of the original price. However, we reserve the right in certain cases, when changes are more work-intensive, to charge a greater amount. In the case of complete re-recording, we shall charge 75% of the original price.
+ Change requests must be filed within two weeks, starting from the day on which we have made the preview available. Otherwise, the recording shall be deemed as accepted.
+ We recommend that you download your tracks from our server and thus avoid a longer wait time for shipping of your CD by mail. Within Europe the shipment of a CD takes between 2 and 7 business days, starting from the date of your approval. Outside of Europe, shipping can require additional time.
Customer returns, applies only to an initial order.
+ Test our service at no risk. Before shipping of the final recordings in the form of WAV-files, we will send you an MP3-preview which allows you to check out the recordings. If you are not completely satisfied, you can decide to receive a full refund instead of the final recorded track.
Customer returns, applies to every order.
+ In the event that you wish to cancel the project at any particular time during the production process, we will refund to you an amount paid, minus the regular price for the individual tracks that you have already approved. If you do not approve of or request a refund within two weeks for the preview provided to you, then the production will be deemed as having been approved.
+ Once a revision request has been received, then no further refunding shall be allowed.
Your response
+ In the event that you do not respond to an order within two weeks, then the order shall be automatically deemed as having been accepted and you will receive the finished data files.
+ Changes after approval shall be invoiced at an additional charge of $ 90 each.
+ The customer is the sole legal proprietor of the master recording and/or of the composition, and of all elements contained therein, and warrants that no laws have been violated or rights infringed, including but not limited to copyrights of a natural or legal person.
+ In the event that the customer is not the lawful proprietor, customer shall assure ProMusicianService that customer has obtained the necessary and required permission/licenses from the legal owner for re-recording, processing and/or change to the master recordings and/or compositions.
+ The customer shall be required to indemnify ProMusicianService, its representatives or legal successors against any and all claims, liabilities, costs, loss, damages or expenses, including but not limited to reasonable attorney fees and court costs, which may arise from any particular violation on the part of customer regarding the assurances specified in this agreement.
+ ProMusicianService is not responsible for damages or loss arising from the usage of our services.
+ The customer waives the right to initiate legal measures against ProMusicianService and/or our employees due to damages or loss, whether of a financial or other kind, which customer may suffer from the use of our services.
+ ProMusicianService reserves the right to deny and/or to terminate services at any time at our own discretion.
+ ProMusicianService shall preserve your tracks only for a period of three months after completion of the particular project. It is the customer’s responsibility to download and to save the source tracks during this time.
You have the opportunity to order hosting upgrades for your source tracks with every order and thus to extend the availability of the data files.
+ These General Business Conditions can be revised at any time without prior notice.
+ The protection and confidentiality of the personal data and songs by our customers are of the greatest priority for us.
+ Your order with details on the concluded agreement (e.g. kind of product, price etc.) will be stored by us. We will send you the General Business Conditions; you can call up the General Business Conditions on our Website at any time even after completion of the agreement.
+ The exclusive Court of Record for all disputes arising from this agreement is at our business headquarters, if you are a merchant.
ProMusicianService offers services relating to the marketing of music and sound compositions for the author or the holders of rights thereto. ProMusicianService places music and sound compositions with suitable Internet portals. It monitors and markets the sound compositions based on the following general terms and conditions of business. These general terms and conditions of business regulate the contractual relationship between the customer and ProMusicianService.
Upon registration the customer confirms that he/she is eighteen years of age and accepts the following terms and conditions of business. The customer is obliged to transact providing full and complete information.
Recordings, in the sense of this agreement, are sound recordings and recordings that combine sound and images (e.g. music videos) that the customer provides to ProMusicianService after consenting to this agreement or thereafter. ProMusicianService reserves the right to reject material provided to it (recordings, videos, or accompanying materials) based on its own judgment, especially if these recordings violate criminal provisions or affect third-party rights.
Accompanying material constitutes, inter alia, the art work for CD covers, as well as additional information and documentation concerning the recordings that have been made available and their creators.
ProMusicianService and/or its partners are entitled to supplement and change material that has already been provided in order to fulfill its contractual obligations, especially in regard to preparing the packaging for Disc On Demand.
If accompanying material is not provided ProMusicianService is entitled to create material of this nature. In such cases ProMusicianService makes every effort to obtain the agreement of the customer.
If the customer states that he/she is not agreeable to the additional accompanying material, then he/she has the opportunity: (a) to prepare suitable supplementary material, or (b) to request that delivery of the material in the manner that he/she objects to be stopped.
ProMusicianService and/or its partners are entitled to supplement and change material that has already been provided in order to fulfill its contractual obligations, especially in regard to preparing the packaging for Disc On Demand.
If accompanying material is not provided ProMusicianService is entitled to create material of this nature. In such cases ProMusicianService makes every effort to obtain the agreement of the customer.
If the customer states that he/she is not agreeable to the additional accompanying material, then he/she has the opportunity: (a) to prepare suitable supplementary material, or (b) to request that delivery of the material in the manner that he/she objects to be stopped. ProMusicianService makes no guarantees as to the quality, the amount, or other aspects of the production and delivery of Disc on Demand.
The customer hereby assigns to ProMusicianService all rights necessary for the digital marketing of recordings that are subject to this contract. In order to carry out this contract, ProMusicianService is entitled to either use these rights itself or to exercise them by means of third parties.
ProMusicianService is also entitled to transfer the rights that have been assigned to it in whole or in part to third parties.
By clicking on the Login button the customer assigns ProMusicianService – irrevocably, worldwide, and for the duration of the contractual relationship – the following non-exclusive rights in regard to the recordings or the accompanying material: the rights to, in whole or in part, sell, duplicate, distribute, and otherwise use them or to distribute them by employing all means and media (whether existing now or the future) and in all online stores (e.g. iTunes or Amazon) or to place them with interactive or non-interactive streaming and radio services that are available at the time of contract conclusion or thereafter. In this regard it is of no importance whether the services used for purposes of advertising and marketing are for payment or not.
It is the customer's duty to ensure that the recordings and accompanying material provided to ProMusicianService are not subject to third-party rights and that ProMusicianService does not violate third-party rights in fulfilling this contract and that no claims are brought against it for such a violation.
ProMusicianService is authorized to collect all proceeds generated as a result of the contractual relationship. Net earnings are the actual payments made by vendors in connection with the sales of recordings. Net earnings are due to each client.
ProMusicianService will set up a customer account for each customer (a ProMusicianService account). It will be in the form of a virtual clearing account.
The customer can call up his/her account balance at any time by use of a user ID.
ProMusicianService is authorized to administer collective proceeds in an interest-yielding bank account. According to its own discretion, ProMusicianService can either retain all returns on capital generated by the net earnings or pay out the content of this bank account to the customer in whole or in part.
Credit entries for the net earnings will be made to the ProMusicianService account within 14 days after receipt of payment by ProMusicianService. As soon as payment has been credited to the account, the customer can withdraw the full or partial amounts according to his/her wishes.
If the artist owes ProMusicianService sums of money based on this agreement, ProMusicianService reserves the right to debit all or part of these amounts from the net earnings that are to be paid to customer.
The client hereby expressly declares its agreement with ProMusicianService's authorization to directly withdraw the annual fee, taxes due, and other costs incurred in connection with ProMusicianService services directly from customer's ProMusicianService account or through other payment methods made available by customer (e.g. a valid Paypal account, credit cards, etc.).
The customer is obligated to fulfill his/her obligations under the contract. He/she must pay the fees indicated on the current price table to ProMusicianService. The current price table follows the general terms and conditions of business.
The client is obligated to promptly inform ProMusicianService regarding changes in the method of payment. This is to be done by making necessary changes to the settings in his/her ProMusicianService account. If no valid means of payment is available to ProMusicianService, ProMusicianService is entitled to cease rendering all services.
The customer is solely responsible for requesting and paying for Digital Phonorecord Delivery (DPD) and all additional fees incurred by licenses for the holder of copyright to musical compositions (or their representatives, e.g. GEMA). This applies especially to payments subject to a wage agreement that are incurred through the utilization of the underlying rights by ProMusicianService as well as for royalties for artists, producers, and other persons who were involved in the creation of the recording. Payments to performing rights societies/(copyright) collecting societies are not included herein, unless these are undertaken by the respective Digital Music Service Provider (DMSP) or ProMusicianService.
The customer is solely responsible for all fees, dues, taxes, and cost allocations that result from use of the ProMusicianService account by the customer or others.
The customer is solely responsible for seeing that earnings resulting from this contract are properly taxed. This also applies for any foreign taxes that fall due. ProMusicianService usually requires that the customer request and pay for licenses for the publication of music from Digital Music Service Providers (DMSPs). These license fees can, but do not have to, be taken out of the income to be paid to ProMusicianService by the DMSPs. If a DMSP outside Germany cannot do this, then ProMusicianService has the right either: (a) to refuse to license such a DMSP or (b) to itself take responsibility for the billing and payment of music publication licenses associated with sales through this DMSP.
In such a case ProMusicianService has the right to deduct all license fees incurred from the net earnings that are to be paid to customer. Should ProMusicianService have to pay one or more of the aforementioned sums or should it decide to pay such sums, these payments will be deducted from the net earnings.
The customer warrants and guarantees that it is both entitled and in a position to enter into this contract, to fulfill it, and to convey the necessary rights. The customer is responsible for the content of the recording and materials provided.
The customer warrants and is responsible for seeing that recordings and accompanying materials provided to ProMusicianService do not violate criminal provisions or provisions involving punishment by a fine, as well as that the recordings and the materials associated with them do not violate third party rights.
ProMusicianService is only liable for intent or gross negligence.
The customer is liable for insuring that his/her registration and registration ID are not used for purposes that would violate criminal law provisions or third-party rights.
If ProMusicianService becomes aware that third-party rights are being infringed or criminal law provisions are being violated by this Contract or the recordings that are the subject matter thereof and/or by the material accompanying such recordings, then ProMusicianService is entitled to retain any funds in the customer account until the legal situation and the status of any possible third-party claims have been clarified and resolved.
The customer indemnifies ProMusicianService and its contract partners and employees from all possible third- party claims, as well as against the cost of legal proceedings or defense against third party rights, if these claims are based on the implementation of this contract. The indemnification especially includes attorneys' fees and legal costs, claims for damages, and claims for payment based on license analogy or copyright violations.
ProMusicianService will promptly inform the customer in the case of a claim or the bringing of a complaint. The customer is required to defend ProMusicianService at its own cost and with the legal assistance that ProMusicianService deems necessary. Should legal proceedings be instituted against ProMusicianService, ProMusicianService has the right to retain all payments made to the artist in the context of this agreement up to the amount of the expected payment obligations. Any conclusion of a legal controversy by means of settlement or other measures requires the prior written agreement of ProMusicianService.
Bills sent by ProMusicianService are to be promptly examined by the customer upon receipt. Any possible claims of the customer based on incorrect billing are to be brought against ProMusicianService within one year of receipt of the bill and in writing if the error in billing was not intentional or due to gross negligence on the part of ProMusicianService.
This agreement enters into effect upon registration with ProMusicianService and for the period of one year. The agreement is extended for another year if it is not terminated at least one month before the end of the current contract.
Upon receiving written notice regarding termination of the annual membership for one or more albums or videos ProMusicianService is entitled to remove all terminated albums or videos from online stores (e.g. iTunes or Amazon) within 14 days. The customer can make application to allow the terminated recordings or videos to remain in the online stores until the end of the contract's duration.
Reimbursement – also proportionally – for fees that have been paid in advance for terminated albums or videos is precluded, even if the termination takes place before the end of the year.
The contracting parties are mutually obligated to confidentiality in regard to this contract as well as all business information or business practices, knowledge of which is obtained in its context, unless information was already generally available to third parties or the information must be disclosed for legal/statutory purposes. This duty of non-disclosure continues beyond the end of the contract.
ProMusicianService makes available without cost an ISRC (International Standard Recording Code) and a GTIN (Global Trade Item Number, earlier EAN or UPC) to every customer. These are intended exclusively for use by customers and may not be conveyed or sold. Should they be conveyed or sold ProMusicianService will charge the customer 20 € per barcode, ISRC, or GTIN as well as all other costs and expenses incurred due to the sale or transfer. ProMusicianService is entitled to offset these costs and expenses against possible claims of the customer.
ProMusicianService does not guarantee that the customer will obtain net earnings due to this agreement.
ProMusicianService can assign or transfer its rights under this agreement in whole or in part. ProMusicianService is to be informed if the customer would like to assign or transfer his/her rights under this agreement.
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