Terms and Conditions
The following terms and conditions apply to all services provided by Rob Kelly Sound Engineering. Rob Kelly Sound Engineering will be referred to as RKS in the remainder of the page. By placing an order with RKS, the client (anyone who books and/or purchases an audio production service of any type from RKS) agrees to the terms and conditions of RKS and any third party used to facilitate the order, such as PayPal and online file transfer services.
Rob Kelly Sound Engineering offers the following services:
- Mobile audio production (referred to as “mobile services”)
RKS offers services whereby Robert Kelly or an elected subcontractor will travel to the client or to an place agreed by the parties involved in order to complete audio production tasks. These tasks included but are not limited to; sound recording, sound editing, sound mixing, sound mastering, acoustic measurement, consultancy and education.
- Online audio production (referred to as “online services”)
RKS offers services where by Robert Kelly or an elected subcontractor processes audio file sent to RKS by clients via internet file sharing services and/or by way of physical media. These services include but are not limited to sound editing, sound mixing, sound mastering, sound restoration, consultancy and education.
All work undertaken by RKS will be carried out by competent audio engineers and technicians.
Most pricing is listed on http://www.robkellysound.com; pricing which is not must come from Robert Kelly, directly. In any situation where there are two prices quoted for the same service, the cheaper price will apply for that single project only. All prices are supplied for the exact services requested. This price will not fluctuate; however, additional charges can be incurred through various actions. The client will always be notified before these actions take place.
Payment and Deposits
Payment for mobile services can be made via PayPal, bank transfer, cash, on site credit/debt card payment or any combination of these methods. RKS and the client will agree a payment structure before the project takes place. This will generally consist of a deposit payment which is made before the work takes place where the balance is paid on project completion.
The deposit must be paid in order to secure the booking, equipment, travel and associated costs. Deposit amounts are variable, to suit the clients budgets. Deposits apply for the following services and can be found on the appropriate service webpages of this site; hourly recordings, daily recordings, per song being mixed, per song being mastered; for services which do not come under these categories, the deposit amount is at the discretion of RKS. These deposits are used to secure studio time and any associated rentals which need to be made; such as recording spaces, guitar amps etc. Therefore, deposits are non-refundable in most cases (see Refunds below).
All charges, including those incurred due to extra work having to be carried out and/or expedited turnaround must be paid in full before the final product is released to the client; the final product being a release quality audio file.
Prices for all services are given in Euro. For online services and mobile services paid via the PayPal system, PayPal will handle currency exchanges as per the clients settings. For services which are not paid via PayPal, the Euro hourly and/or daily rate will be converted into the appropriate local currency. The client and RKS can agree to use either the converted price on the day of confirming a booking or wait until the day(s) of the services being rendered to convert the Euro price to the local currency. Deposits paid in local currencies will be calculated on the exchange rate on the day of booking.
Refunds with respect to online services are permitted in the following circumstances:
- A client pays the deposit for a service but can then not proceed with the project. For online services, as long as the project has not been started then a refund can be given. In cases where the project has been started, a deposit less the hourly fee for work carried out will be provided. If the work carried out amounts to more than the deposit amount then no deposit is returned and RKS can seek payment for the work carried out.
- Where a client is not satisfied with the end result of a given project; a refund can be applied for. It will only be granted in situations where both the client and RKS agree that every effort has been made to satisfy the project aims. Refunds will not be considered in situations where clients have not submitted the two free sets of revisions offered with every editing, mixing and mastering service. Deposits are not refunded in this case.
- Where RKS is forced to terminate a project due to external circumstances not relating to the client; deposits are refunded.
- Where equipment failure results in excessive delay in the turnaround time. Refunds are provided at the discretion of RKS.
Refunds with respect to mobile services are permitted in the following circumstances:
- A client cancels their booking with more than 5 working days notice, where a working day is a weekday, Monday to Friday, inclusive. Deposits are non-refundable where cancellations are made within this period.
For all services provided, refunds are not permitted where:
- Fast (expedited) turnaround orders are placed,
- The expected standard turnaround time is not met,
- Orders are made for special offers,
- Where no revisions are submitted with respect to online audio production services,
- Projects are terminated by the client for reasons relating to the technical quality of source material.
With respect to mobile services; an expected 3 to 7 working day standard turnaround applies to raw recordings being processed and sent to the client for their own personal or professional use. For mobile services which lead to online audio production services, the next paragraph applies. With respect to online, an expected 7 to 14 working day turnaround applies to all editing, mixing and mastering projects.
The turnaround times are a general expectation. Actual turnaround time will depend on the volume of work being processed by RKS at a given time. RKS will notify the client of the expected turnaround time for their project(s). Expedited turnaround can be purchased subject to availability. In these cases, an additional “per song” charge is applied to Music Production services and a new hourly rate will be enforced in Audio Production services. These prices and rates are determined by RKS and shown on the relevant service page of this website.
Project Termination and Non Payment
Where a client has paid for services and wishes to terminate the project, the client must express this with an email to firstname.lastname@example.org or email@example.com. No other method of communication will be considered for this purpose as the email addresses will be the primary point of contact between RKS and any client and checked frequently.
Under no circumstance will RKS be obliged to supply the result of the services rendered to the client which was carried out up to the point of termination. Additionally, RKS will not supply the result of the work carried out if there are any outstanding fees which the client has to pay.
The project can be terminated at the discretion of RKS in the event it is forced by external circumstances which do not relate to the client.
Project Files and Technical Quality
RKS takes no responsibility for the loss and/or corruption of project files which are sent by the client to RKS. RKS takes no responsibility for the integrity of project files while they are being sent to RKS, whether it is by electronic or physical transfer. RKS does not take responsibility for the clients personal file management methodologies and will not guarantee to keep a copy of the files exactly as they have been sent to RKS.
With respect to online services, RKS can refuse to work on a project on the grounds of its technical quality being of too low a standard. With respect to mobile services, RKS is not responsible for the client supplying or wishing to use low quality musical equipment. In these cases, the client will be notified that there is an issue. The project will only continue when the client agrees that certain expectations may be unrealistic given the quality of the source material and/or instrumentation. RKS must notify the client of these issues by email.
Only correspondence made by email can be used to confirm what has been communicated between RKS and the client. Only client to RKS and RKS to client correspondence from firstname.lastname@example.org and/or email@example.com and the client’s email address is valid, unless otherwise stated. It is the responsibility of RKS and the client to ensure important issues are communicated and/or confirmed by email. An email has been sent when it is present in the appropriate sent folder of the RKS and client email systems and which has been sent to the correct email address.
Audition and Final Project Mixes
In order to audition project mixes, audio file(s) will generally be uploaded to www.soundcloud.com. The file(s) will be made private and the link(s) will be distributed to the client. Under no circumstance may the client use a piece of audition audio for their use outside of the auditioning process. The file will not be of broadcast or distribution quality and will include periods of silence which will be overlaid at points throughout the mix. On the occasions where audition material is sent to the client but not via Soundcloud, it will be emailed or supplied on physical media.
Final project mixes will be supplied to the client in whatever digital format they require. An additional file will be supplied which will be of the highest studio quality (if applicable) and the client may manipulate this as they wish. Final project mixes and files will only be supplied when full payment has been received.
Revisions of acceptable quality are ones which are informative and clear. A revision request will only be deemed acceptable if it deals with a specific aspect to a sound. For example: “The attack of the kick drum is too harsh”, ” The bass guitar is too quiet in the verse” and “I would like more reverb on the vocal” are acceptable revision items. “I don’t like the bass guitar”, “It doesn’t sound right” and similar examples are not acceptable.
In all situations where the project material is distributed; credits must be made to RKS. All credits must be approved by RKS before hand. An agreed credit can be used multiple times. An example credit is given:
“Recorded, Mixed and Mastered by Rob Kelly Sound Engineering – www.robkellysound.com”
Where the project material has been distributed without the proper crediting of RKS, RKS reserves the right to seek compensation by any and all means available.
If there is an issue with the equipment required to undertake a client’s project, the best efforts will be made to rectify the issue and complete the project on time or as soon as possible thereafter. Refunds are permitted at the discretion of RKS. RKS commits to finishing your project once the issues have been rectified.
Information such as a clients name, address and select payment information can be supplied to RKS via the payment procedure and by project correspondence. Any and all information collected will only be of the type which facilitates the services which RKS offers. No information will be passed on to third parties without the consent of the respective client. Please visit www.paypal.com to read the terms and conditions associated with using it’s payment system.
Your email address may be used for communication purposes which is not directly associated with a project which has previously or is currently being carried out. Website users are reminded that RKS takes no responsibility for the content of external providers such as advertisers.
With respect to online services; the client agrees to these terms and conditions when they purchase an online service from RKS. With respect to mobile services; the client agrees to the terms and conditions when they a session has been booked and the appropriate deposit has been paid.