The Client: the party utilizing the mastering services of Neptune Mastering.
Material: audio material, whether music, speech or any other form of the audio signal, contained in any format, whether digitally, such as on a computer hard drive, on storage media such as CDR or DVDR, or, in the analogue format of any description, such as ¼ inch tape or audio cassette.
Mastering Engineer: the person employed by Neptune Mastering to execute the audio changes to the Client’s supplied audio material.
Signatory: the natural person signing the invoice and or other documentation, such as whose name and signature appear on the “received by” and “print name” fields of the relevant documents (quote, invoice or receipt).
1. The Client is entitled to the execution of reasonable sonic changes (further mastering) to the sound of the final mastered product as supplied by Neptune Mastering, however, Neptune Mastering does not guarantee the Client’s satisfaction or the quality of the final mastered materials because of limitations of technology and the varying nature and quality of the supplied materials. The artistic wishes and recommendations of the Client regarding the material to be mastered will be adhered to as much as possible.
The Client has 5 working days after the date of the delivery of the masters in which to request re-mastering of the original supplied material. 1 revision will be made at the discretion of the mastering engineer without further charge. Any other revisions after that will be charged at the standard rate. In any case that the Client wishes to provide an altered original, whether in arrangement, mixdown or any other changes, the right to a free re-mastering will forfeit. Refunds are not possible.
2. Neptune Mastering accepts no responsibility or liability for losses or damages, whether emotional, financial, material or physical, incurred as a result of the commercial success or failure of the final material mastered by Neptune Mastering.
3. Neptune Mastering assumes that the Client possesses the relevant legal and intellectual rights about the audio material supplied by the Client or their representative to Neptune Mastering for mastering. As such, Neptune Mastering can accept no responsibility or consequent liability for prior, present or future illegal or inappropriate use of any audio material, or part thereof that it receives for mastering or is currently mastering or has mastered. The adherence to and fulfilment of the conditions of all relevant commercial and criminal laws about the prior or subsequent creation, use and distribution of audio materials supplied to Neptune Mastering and received by the Client in the mastered state remains the sole responsibility of the Client and or their representative (signatory).
4. Any payment made to Neptune Mastering in counterfeit cash bills or other fraudulent means whether knowingly or unknowingly will not be accepted as a final payment.
5. It is the Clients responsibility to ensure the safety of the original audio materials provided by making backup copies before sending them to Neptune Mastering.
6. In the event of the reproduction, packaging or distribution of any materials, or part/parts thereof, in any audio format whether analogue or digital, mastered by Neptune Mastering and whether for sale or promotional activities, then – The words, “Mastered by Patrick DSP Gharapetian at Neptune Mastering” must appear as a credit on the printed material accompanying the recording or as part of the text accompanying credits delivered in an electronic format, or the case of a physical storage medium such as CD – on the storage medium itself.
7. In the event of the audio material, having been mastered by Neptune Mastering, is distributed for sale, promotional or any other commercial purpose, whether forming the entire content of the distributed collection of audio recordings (as in the case of a compilation) or part thereof, then – All such tracks must be the final product or identical copies of the final mastered materials as mastered by Neptune Mastering and may not undergo further editing or audio alteration before duplication or distribution.
8. Should the Client wish to deliver the original un-mastered materials to Neptune Mastering via any third party whether it is sent via post, registered post or courier, the risk of loss or damage to the original materials is entirely the Client.
9. Neptune Mastering accepts no responsibility for loss or damage to audio materials, whether mastered or un-mastered or their respective storage mediums, which are lost or damaged while in transit or otherwise in the possession of a third party such as the postal services or a courier company and whether in transit to or from the Client.
10. Neptune Mastering tests all final master storage media (CDR) for errors before delivery but does not guarantee that the supplied storage media is error-free and will not accept responsibility for losses incurred due to failures of storage media or the media writing tools used to produce them. It is the Client’s responsibility to ensure that the received storage media is complete, functional and without errors before duplication or reproduction of the media or the material contained therein. Please listen to your master copy before delivering it for duplication/reproduction/distribution/cutting.
11. Neptune Mastering is not obliged to disclose details of any part of the mastering process to the Client or their representative. All employed processes, equipment settings and mastering techniques are the sole intellectual property of Neptune Mastering and may not be acquired whether deliberately or accidentally without written permission of the members of Neptune Mastering.
12. Neptune Mastering does not necessarily agree with or endorse the content of the audio materials provided to Neptune Mastering for mastering and no such agreement or endorsement is stated or implied by Neptune Mastering’s contractual agreement to perform the service of mastering the audio material in question.
13. The Client at all times and under all circumstances takes full responsibility for the political, sexual, violent or otherwise immoral words, concepts or gestures contained in audio materials supplied to Neptune Mastering and irrespective of its stage in the mastering process, which may be deemed illegal or unsavoury or constitute a violation of applicable German or international law. Neptune Mastering does not claim ownership of such materials even if in possession of such materials and can not be held responsible for the consequences of the deliberate or accidental broadcast of or dissemination of through other means of any material it receives for mastering, is mastering or has mastered.
14. Neptune Mastering will act to conserve the privacy and secrecy of all audio materials it receives for mastering and will not provide the material whether mastered, un-mastered or in the process of being mastered to anyone other than the Client, an employee of the Client, or their elected representative as reflected on the quote.
15. The Client is not obliged yet kindly requested to provide Neptune Mastering with the cover artwork of material mastered by Neptune Mastering whenever possible. In case of artwork being supplied, Neptune Mastering has the right to use such artwork for promotion on its website(s).
16. The Client is required to complete the registration process to open an account to use the Services and purchase Products. Such a process requires the provision of certain information by the Client and the registration of a username and password. The Client is responsible for maintaining the confidentiality of the username and password. The Client is fully responsible for any unauthorized person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. It is recommended to change passwords periodically for additional security. The Client agrees to immediately notify Neptune Mastering of any unauthorized use of the password or account or any other breach of security. In no event will Neptune Mastering be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of the Client’s username and or password. In the sole discretion of Neptune Mastering and at any time with or without prior notice, Neptune Mastering may purge any of its files associated with the Client’s account and Materials. As a result, it is the Clients responsibility to keep copies of the original and mastered files and or Materials. If the Client requests an additional copy of mastered material from Neptune Mastering, Neptune Mastering may not be able to provide one unless the Client purchased the Archiving service. The material will only be kept as long as the Client is subscribed and paid for such service. (yearly charged). The Client will release Neptune Mastering from any related liability in connection therewith.
17. Neptune Mastering cannot be held responsible for loss of intellectual property and consequent emotional, physical, material or financial losses suffered by the Client through theft or loss through transmission and subsequent interception of audio material whether in physical, analogue or digital formats by parties for whom such transmissions were not intended, or through loss due to illegal access to Neptune Mastering’s computer systems or hacking, or as the result of a computer virus.
18. Terms and conditions are subject to periodic change without notice.