Terms & Conditions of EDsound.
1 DEFINITIONS
The following expressions shall have the following meanings:
1.1 “EDsound” means Eddie Delag, 3.Squirrel Close, Plymouth PL65FJ;
1.2 “Client” means any person who employs Services from EDsound;
1.3 “Artist” means the performer secured for the Engagement;
1.4 “Services” means EDsound services required to procure an engagement;
1.5 “Engagement” means the employment or use of the Artist by the Client, or any third party to whom the Client has introduced the Artist, on a permanent or short-term basis under any form of contract or relevant agreement;
1.6 “Performance Fee” means the monies due to the Artist from the Client for the Engagement;
1.7 “Special Requirements” means the specific requirements stipulated by EDsound on behalf of the Artist in terms of the Engagement regarding any other necessities;
1.8 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by EDsound;
1.9 “Agreement” means the arrangement for the supply of Artists by EDsound to the Client incorporating these Terms and Conditions.
2 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Artists by EDsound to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by EDsound.
2.3 These Terms and Conditions shall be available on the web at www.EDsound.co.uk.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which EDsound may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.5 EDsound is acting as an Employment Agency and therefore cannot be held responsible for any non-fulfillment or breach of obligations between the Client and the Artist.
3 SERVICES
Any variation to the Services must be agreed by EDsound in writing.
4 PRICE AND PAYMENT
4.1 The price for Artists is specified per engagement at the time of booking and is exclusive of any other charges as agreed at the time of booking.
4.3 The Client shall pay EDsound the Performance Fee within 30 days of receipt of invoice. The Performance Fee is non-refundable except in the circumstances described in Condition 5.5.
4.4 The Client is responsible for bringing to the attention of EDsound any queries regarding an invoice within 14 days of the receipt of the invoice.
4.5 All direct expenses incurred by EDsound and the Artist in connection with the provision of the Services and the Engagement and agreed prior to the engagement will be re-charged at cost or as agreed and are payable by the Client on production of the appropriate receipts.
4.6 The Client shall meet the costs of any pre-agreed Special Requirements prior to the Engagement.
4.7 The Client will pay interest on all late payments at a rate of 5% per annum above the Bank of England Base Rate.
4.8 EDsound is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to EDsound is late.
4.9 EDsound and Artist have the right to withhold Services if payment for previous engagements has not been made within 60 days of Client’s receipt of invoice.
4.10 The Client is not entitled to withhold or off-set any monies due to EDsound.
4.11 EDsound is entitled to vary the price to take account of:
4.11.1 any additional Services changes requested by the Client which were not included at the time of booking.
4.11.2 any reasonable increase in hourly, daily or set rates, if applicable;
4.11.3 any overrun of the booked time for the Engagement.
5 CANCELLATION
5.1 In the event that the Client cancels an Engagement they will be liable to pay cancellation charges agreed at the time of booking, provided that in any event if an Engagement is cancelled fewer than 48hrs before its commencement then a 100% cancellation fee will be charged.
5.2 The Client must notify EDsound immediately of any cancellation in order that EDsound may notify the Artist.
5.3 If the venue provided by the Client is unable to accommodate the Artist and the Artist is unable to perform for this reason the Client will be liable for the full Performance Fee.
5.4 The Artist may not under any conditions cancel the Engagement unless due to Force Majeure or illness. In such cases, on provision of reasonable proof, the Artist will not be held in breach of contract by the Client.
5.5 In the event of cancellation by the Artist, EDsound may substitute a replacement artist, subject to the Client’s approval (approval not to be unreasonably withheld or delayed).
5.6 If the Artist cancels the Engagement and a replacement artist cannot be supplied in terms of Condition 5.5 any monies paid in advance by the Client must be repaid in full, within fourteen days of the cancellation.
6 CLIENT OBLIGATIONS
6.1 The Client agrees to cooperate with EDsound as may be required.
6.2 The Client agrees to refrain from directly or indirectly recruiting any person employed or engaged by EDsound for the purpose of providing the Services, except via EDsound.
6.3 The Client agrees to treat the Artist politely and in a professional manner.
6.4 The Client shall take every reasonable precaution to prevent the Artist being threatened, verbally abused, or physically abused.
6.5 The Client agrees that if the Artist is threatened, verbally abused, or physically abused by anyone present at the performance then the Artist will be entitled not to perform, without penalty, and still be paid the full Performance Fee.
6.6 The Client is responsible for ensuring that the venue, and any equipment belonging to the Client and used by the Artist, comply with health and safety regulations.
6.7 The Client must hold adequate insurance policies in respect of any Engagement.
6.8 The Client is responsible for complying with all legal obligations connected with the Engagement of the Artist.
6.9 The Client is responsible for obtaining any work permits or other approvals for the Artist prior to the commencement of an Engagement.
7 EDsound OBLIGATIONS
7.1 EDsound shall supply the Services as specified by the Client at the time of booking.
7.2 EDsound shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognized codes of practice and statutory obligations.
7.3 EDsound will provide the necessary permits for all artists under the age of sixteen years old in compliance with The Local Authority.
7.4 EDsound will take all reasonable steps to provide personnel who behave in an acceptable manner but cannot be held responsible for any poor conduct exhibited by the Artist.
7.5 EDsound will hold a copy of the contract relating to the Engagement and will act as the negotiator between both the Client and the Artist.
7.6 EDsound shall comply with all regulations and statutory obligations regarding the use and storage of information relating to the Client.
8 CHANGES TO PERFORMANCE SCHEDULE
8.1 Any changes to the performance schedule will be subject to these Terms and Conditions.
8.2 If changes are required to the performance schedule on the day of the event these changes should be discussed with EDsound where possible, otherwise agreement should be reached between the Client and the Artist.
8.3 In the event that the Artist is unable to complete a performance due to a delay in the start of the performance schedule, where such delay is no fault of the Artist, the Client shall remain liable to pay the Artist the full Performance Fee due.
8.4a In the event that the performance finishes ahead of schedule the Client agrees to pay for the full duration of the booking.
8.4b Should the Artist be required by the Client to extend the length of the performance EDsound is entitled to charge the Client a further fee as to be agreed between the parties.
8.5 EDsound must be notified of any changes to the fees paid to the Artist by the Client for the Engagement.
8.6 In the event that the Client re-schedules an Engagement fewer than 48 hours before its commencement they will be liable to pay a 100% cancellation fee.
9 RE-ENGAGEMENT OF THE ARTIST
The Client must negotiate all future bookings for the Artist directly with EDsound for as long as the Artist is represented by EDsound, or copied into any correspondence as otherwise agreed.
10 EDsound TERMS & CONDITIONS
10.1 Our current studio rates are £75 per hour.
10.2 Our opening hours are from 9am-5pm Monday to Friday. ‘Evening’/’Weekend’ rates apply to time not booked within this time frame. Any editing needed will be charged at the hourly recording rate.
10.3 The minimum studio booking is 1 hour. We charge in 30 minute increments thereafter. The full booked time will be charged for, plus any over-run and extra work carried out in the studio, such as session preparation, editing or mixing. Studio bookings can be made and confirmed either via telephone or e-mail. Please give all details of requirements and any other necessary details for the session. Pencilled overruns can be booked in for 30 minutes or 1 hour (subject to studio availability). The same applies to booking an Artist. If you exceed your booked time by 15 minutes without having booked an overrun, you will be charged for a full hour, unless otherwise agreed in advance. The same applies to pencilled overruns of an hour. This applies to both studio and Artist.
10.4 Pencil bookings can be held on a ‘provisional’ basis. We reserve the right to request confirmation of the booking if another client wishes to book the same time. Once a booking is ‘confirmed’, a contract is established whereby EDsound undertakes to provide facilities booked and the client becomes responsible for payment of any booked time and other services. If we haven’t received a confirmation 48 hours prior to the start of a pencilled booking your allocated time may be lost.
10.5 If working To Picture, please provide files at least 24hours before the booking.
10.6 Please give hours notice for any cancellations or rescheduling. The full cost of the hours booked or voiceover session fee will be charged if a booking is cancelled with fewer than 48 hours notice
11 TERMINATION
11.1 The Agreement shall continue until the Services have been provided or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
11.2 EDsound may terminate the Agreement if the Client has failed to make over any payment due within 90 days of the sum being requested.
11.3 Either party may terminate the Agreement by notice in writing to the other if:
11.3.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
11.3.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
11.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
11.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
11.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
11.4 In the event of termination the Client must make over to EDsound any payment for work done and expenses incurred up to the date of termination.
11.5 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination. Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
12 WARRANTY
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the liability of EDsound for death or personal injury or any other liability that is non-excludable as a matter of law. EDsound shall not be liable for any direct, indirect or consequential loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by EDsound in the insurance year in which the Client’s claim is first notified.
14 INDEMNITY
The Client shall indemnify EDsound against all claims, costs and expenses which EDsound may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations
16 ASSIGNMENT
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of EDsound.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
18 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
19 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
20 NOTICES
Any notice to be given by either party to the other may be served by email, personal service or by post to the registered address of the other party or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts
Privacy Policy for EDsound
Privacy Policy Last updated: May 05, 2022 This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Privacy Policy Generator. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of this Privacy Policy: Account means a unique account created for You to access our Service or parts of our Service. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to EDsound, 3 Squirrel Close, Plymouth, Devon, UK. Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses. Country refers to: United Kingdom Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Personal Data is any information that relates to an identified or identifiable individual. Service refers to the Website. Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). Website refers to EDsound, accessible from www.EDsound.co.uk You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Collecting and Using Your Personal Data Types of Data Collected Personal Data While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: Email address First name and last name Usage Data Usage Data Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device. Tracking Technologies and Cookies We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Service. The technologies We use may include: Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies. Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flashplayer/kb/disable-local-shared-objectsflash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_obj ects_ Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity). Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Use of Cookies by Free Privacy Policy. We use both Session and Persistent Cookies for the purposes set out below: Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services. Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website. Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to reenter your preferences every time You use the Website. For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy. Use of Your Personal Data The Company may use Personal Data for the following purposes: To provide and maintain our Service, including to monitor the usage of our Service. To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user. For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. To manage Your requests: To attend and manage Your requests to Us. For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred. For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience. We may share Your personal information in the following situations: With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You. For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions. With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. With Your consent: We may disclose Your personal information for any other purpose with Your consent. Retention of Your Personal Data The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. Transfer of Your Personal Data Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information. Disclosure of Your Personal Data Business Transactions If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy. Law enforcement Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Other legal requirements The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: Comply with a legal obligation Protect and defend the rights or property of the Company Prevent or investigate possible wrongdoing in connection with the Service Protect the personal safety of Users of the Service or the public Protect against legal liability Security of Your Personal Data The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. Children's Privacy Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information. Links to Other Websites Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. Changes to this Privacy Policy We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Contact Us If you have any questions about this Privacy Policy, You can contact us: By email: ed@EDsound.co.uk