TERMS AND CONDITIONS

The following terms of service (these "Terms of Service"), govern your access to and use of WAVESMITH STUDIO services, including any content, functionality and services offered on or through www.wavesmithstudio.com (the "Site or website")

Please read the Terms of Service carefully before you start to use the Site. By accessing, browsing, registering to use the Site, or Services or by clicking to accept or agree to the Terms of Service & our privacy policy when this option is made available to you, you acknowledge that you have read, understood accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use & Privacy Policy, do not use any portion of the Site, or the Services. Failure to use the Site in accordance with these Terms & Privacy Policy may subject you to civil and criminal penalties.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between us and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

1. ACCEPTANCE OF TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your” or “user”) and WAVESMITH STUDIO (“WAVESMITH STUDIO”, “we”, “us” or “our”), concerning your access to and use of www.wavesmithstudio.com. You agree that by accessing the Site, you have read, understood, and agree to be bound by the terms and conditions and Privacy Policy incorporated. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to WAVESMITH STUDIO. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

2. USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify WAVESMITH STUDIO for any losses, costs or damages, including reasonable legal fees, incurred by WAVESMITH STUDIO in relation to, or arising out of, such a breach.

3. ABOUT WAVESMITH STUDIO SERVICES

WAVESMITH STUDIO carries its business operations in the United Kingdom and remains your go to online music mixing and mastering service provider. Mateusz Debosz is professional mixing and mastering engineer with a lot of knowledge and refined musical preferences, as opposed to other online mastering businesses that employ automatic algorithms. Mateusz have the skills, resources, and knowledge to achieve the precise sound you want for your song, whether you want a mix/remix (based on your original material) or you need your song professionally mastered to compete with the best mainstream artists. When you choose to work with us, we assure you that:

Our work is copyright free. No strings attached.
Your music is kept 100% confidential.
Our service is designed in 4 simple steps process: order, upload, approve sample (optional), get your finished project.

Our services are provided in the following categories:

Mixing only
Stereo mastering
Stems mastering
Mixing and mastering together
Custom services

To begin, we will charge you a fee to utilise the services. If you choose a service package, you will be requested to upload your recorded tracks/songs to an external server. External servers used by the platform include www.wetransfer.com, www.mega.io, and any other sharing platform such as icloud, dropbox, onedrive, and so on. You should read the terms and privacy policies of these third-party service providers. You agree to grant us access via an email link or the contact form you filled out on the platform. After uploading project, you are required to fill in the relevant UPLOAD FORM - mixing, mastering or mixing & mastering. After we receive your uploaded track and filled in upload form, we will email you with order acceptance. Next, we will send you a sample (if selected) for approval and then your finished product, which will be a mixed, mastered, or mixed and mastered song. Payments will be accepted via PayPal as well as credit/debit cards or bank transfer.

4. CONTRACT WITH YOU

4.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

4.2 If we are unable to accept your order, we will inform you of this and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we are unable to accept your recording, or because we have identified an error in the price or description of the services. Please also refer to Clause 5.4.

5. CONDITIONS OF USE

5.1 Services vary according to the service package you have chosen at the time of submitting your order.

5.2 To streamline ordering process for all Non-UK business customers (B2B transactions), Wavesmith Studio provides DISCOUNT CODES to remove VAT from final price at the checkout. These discount codes are present on website and begin with B2B. Orders made with these discount codes will be firstly verified. You are required to provide Wavesmith Studio with your business/company name and with a valid VAT number or if you don’t have one, then other Tax Identification Number or certificate from fiscal authorities or other commercial documents indicating that you actually are a business customer. Any purchases made using B2B discount codes by customers which are not business or can’t provide evidence that they are business, will be cancelled and fully refunded or option of addition of VAT will be given and order will become accepted after additional payment of VAT amount.

5.3 Making sure your information is accurate. As we are making a recording based on the materials and information that you supply to us, it is important that you carefully review your order before submitting it and that the information provided by you is within any limits or specifications provided on our website, and is submitted to us in the ways set out on our website.

5.4 We have the right to refuse to accept, or complete an order (if we have already accepted it) if the recordings entered:

are obscene, rude, racist, discriminatory or offensive in any way; or;
if we believe that the recordings submitted are in breach of any copyright or other intellectual property rights; or
any recordings or materials that you submit are deemed by us to be of insufficient technical quality.

5.5 If we cancel our services for any reason set out in Clause 5.3, we will charge you for any services completed up to the point of our cancellation.

6. YOUR RIGHTS TO MAKE CHANGES

6.1 If you believe that you have submitted incorrect recordings or information, please contact us via wavesmithstudio@gmail.com or contact form on website as soon as possible. We will make any reasonable changes if we have not yet started our services, free of charge.

6.2 If you wish to make changes to the recording after you have received, you may do so but any revision requests are limited to those as stated within the service package ordered by you. All revision requests must be made within 30 days of our sending the recording to you. We will provide any revisions within a reasonable period of time.

7. WARRANTIES AND INDEMNITY

7.1 You hereby warrant that, in regards to all recordings and materials (Works) that you supply to us:

a) are original Works by you, and/or you have obtained and will maintain all rights, licenses, consents, waivers, clearances, or approvals required from any collecting society, record label, publisher or any other party in order for us to lawfully use your Works in providing our services, including, without limitation, the right to upload, reproduce, store, transmit, distribute and share your Work;

b) do not and will not infringe or violate the rights of any third party, including, without limitation, any copyright or other intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information; and

c) that you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in your Works in order to include their name, voice, performance or likeness in the recordings that we will supply to you.

7.2 You warrant that you will defend, hold harmless, and indemnify us and related parties from and against any third-party claims and liabilities, including, without limitation, reasonable legal fees and costs, in respect of any breach of Clause 7.1 and in regards to any other form of action or claim that arises out of or is in connection to the Works and/or the products/recordings that we supply to you in providing our services.

8. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. WAVESMITH STUDIO hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. WAVESMITH STUDIO shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

9. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

10. YOUR REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information and all information filled in any upload form you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction of which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

11. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site, including these Terms of Service and the Privacy Policy.

12. SHIPPING AND DELIVERIES

Turnaround for mixing will depend on number of tracks and complexity of the project but anything between 2-7days; turnaround for stereo mastering 1-3 days; stems mastering - 2-4 days; mixing and mastering 2-10 days (depending on the complexity of project). If customer opted in for a sample approval scheme, the turnaround times may extend by the time of awaiting approval or additional changes requested by customer. The delivery deadline will be confirmed in order confirmation/acceptance email.

Finished songs will be delivered online via the sharing services stated above - wetransfer, icloud, dropbox, etc. For an additional fee CDs or USB sticks can be delivered - specific requests and delivery for that will be agreed with individually. Orders for mixing only, will be supplied in stereo wave file format in the same quality as source files received (for example, if the project was sent in 24bit/48kHz, the delivered mix will be in the same quality), as well as the highest quality 320kbps mp3 file will be supplied. More details on delivery is provided below in corresponding service categories. Customers can choose add-ons from Website store to their orders and also ask for additional work by contacting Wavesmith Studio and prices will be agreed individually. Customers can choose from following add-ons:

CLEAN version (removing/creatively changing swears, offensive words/phrases etc.)
Stems (quantity of stems will be agreed depending on the project but can include drums, vocals, guitars etc)
Acapella and Instrumental version (vocals and instrumental track - only music)

Stems are always delivered together with mix, after the final mix approval by customer. These will be delivered as .wav files 24bit depth and sample rate of the customer’s project, same as delivered mix. If customer ordered mix and mastering service, then stems are delivered as mixed only - as default. If customer requires to pass the stems through mastering process as well, then it needs to be individually agreed and clearly requested.

Orders for mixing and mastering will be delivered as a mixed-only file, as described above, as well as a mastered music file in the same quality as source material received, prepared for digital/streaming distribution, as well as a 16bit version ready for CD distribution (this is not a separate master but Version optimised technically for CD release) and best quality 320kbps mp3. Orders for mastering and stem mastering will be provided in the same manner as indicated above for mastering. Orders for entire albums with 9 or more songs will receive a 20% discount by using a discount code provided on the website, while orders with 4-8 tracks will receive a 10% discount, by using discount code provided on the website. Discounts can only be applied to orders within the same category and any order placed with discount code applied, which did not qualify for discount, will be cancelled. To qualify for specific discount, customer must add minimum number of services to the basket and pay for them at the checkout. For 10% discount the minimum number of services is 4 and maximum 8. For 20% discount the minimum number of services is 9, with no maximum. To qualify for discount, customer must add the required number of services within one category - mixing, mastering or mixing and mastering. Discounts cannot be applied to orders, for example, consisting of 3x mixing services and 2x mastering services because these are from different categories. Any compilation of services within the specific category is allowed (it does not need to be 4x the same service) i.e 2x 2 stems mastering and 4x stereo mastering will be qualified for discount of 10%. Discounts can be applied to orders of 2 or more categories only, if the minimum number of services is added in every category - for example 4x services from mixing&mastering category and 4x services from mastering category - the total amount in basket will be qualified for a 10% discount.

Wavesmith Studio operates a sample approval scheme. Customer receives a sample (30 seconds - 1 minute) of work done in approximately 80% for approval. After receiving the sample, customer have 24 hours (if it takes longer, then turnaround will extend) either to approve it, ask for changes or cancel the order and request full refund upon giving a reason. When customer approves the sample, then no refund will be possible (customer is still entitled for up to 10 revisions after final delivery). When customer request changes, then Wavesmith Studio will implement them and provide new sample within 48 hours (this process may extend quoted turnaround accordingly). If customer still don’t approve the sample, Wavesmith Studio may agree to implement another changes or withdraw from the contract and provide customer with a full refund. When customer does not approve the sample and is not satisfied with the work done by Wavesmith Studio, at this point can request a full refund upon giving a reason for dissatisfaction. Refund will be processed promptly. Customer needs to approve or decline the sample within 14 days (including weekends), if Wavesmith Studio do not get answer by this time, sample will be automatically approved, final delivery will have a place and no refund will be possible.

Wavesmith Studio has a right to withdraw from the contract if customer does not approve the sample and will provide customer with full refund promptly.

More details are provided below in relation to service category.

If order is placed for more than 1 song, only 1 song will be given to customer as a sample for approval. Customer may choose which one by contacting Wavesmith Studio. Approval of that 1 sample song by customer means that customer is satisfied with work carried out by Wavesmith Studio and customer acknowledges that no refund will be possible for any other song, album or project within this order.

When order is placed for more than one song, Wavesmith Studio will start to work only on 1 song for customer and deliver a sample promptly. Up to a customer’s approval, there will no other work take place on customer’s order and if customer does not approve the sample within 24 hours, then the estimated turnaround will be extended by the number of days awaiting for approval. If customer response within 24 hours, but have raised concerns, Wavesmith Studio will address all the concerns within 48 hours and deliver another sample for approval, but deadline may also extend. (Example: if deadline was set to 01.06.2023 and customer receives a sample on 02.05.2023 but approves it in 06.05.2023 then the order’s deadline will automatically change to 05.06.2023, if customer had approved the sample on 03.05.2023, then no change to deadline would have occurred).

Customer can also resign from sample approval scheme, to speed up the process, in UPLOAD filling form or by directly contacting Wavesmith Studio. In this case all work on the project commences promptly and customer receives final delivery faster. If customer resigns from sample approval scheme, then no refund will be possible.

MIXING - DELIVERIES AND INFORMATION

All Mixing and Mixing&Mastering services listed on www.wavesmithstudio.com do not include full tracks' time alignments or advanced tuning (effect/stylistic tunings like auto-tune vocal effect are included as part of the standard mixing). Prices are based on normal range of work requirements. Before any work commence on customer’s project, tracks will be checked thoroughly and customer will be notified if there are any issues with source files. If tracks needs more attention and more work, like advanced vocal or instrument tunings or tracks are not aligned in time/phase or needs a lot of additional editing (i.e comping), then customer will be informed promptly and quote for additional work will also be given. Customer can choose what to do and the choice is: customer makes all required changes, Wavesmith Studio proceed with the track as it is, but customer will not be able to ask for a refund, as faults within the tracks has been raised before and the final song will not meet Wavesmith Studio standards or last and recommended - customer agrees to the quote, make a payment and Wavesmith Studio makes all required changes, edits, tunings etc. If customer wants, can also cancel the order and will be issued with a full refund. As a standard, there is 10 reviews free of charge included with every mixing service, customer need to ask for a review up to 30 days from the date when mixed track has been delivered. If as a review, customer wants to make a really massive change like remove some instruments or add new tracks or completely change the mix, then Wavesmith Studio may charge customer extra, for additional work. Sample of song(s) - around 30 seconds to 1 minute - will be delivered to customer after initial mixing for purpose of approval that the song goes into a right direction and that customer is satisfied with quality. This will not be a final mix. It will be a mix done in approximately 80%. From here, mix can be further shaped together and customer can have an input all the time or Wavesmith Studio can carry on working on their own - the choice is customers’ - and customer can always ask for a revision later on. Customer’s approval confirms that is happy and satisfied with the song and it’s quality. Up to the point of sample approval, customer can withdraw from contract and ask for a full refund upon giving a reason. After the confirmation/approval of the sample, there will be no refund possible. If customer does not approve a sample and request a full refund, then no delivery will occur and customer will not receive a full song mixed. Order becomes cancelled and refund will be provided.

Turnaround for mixing is 2-7 days depending on complexity of the project.
After the payment, customer’s project will be checked and if there are any issues customer will be notified promptly. If no issues are detected - then customer will receive an order acceptance, from this point the contract comes into existence.
Customer will receive song mixed in source files quality (for example, if project is uploaded in 48kHz/24bit quality, the same quality file will be delivered as mixed song).
Mix will also be delivered in 320kbps mp3.
Customer can choose add-ons to the service like stems, clean version, acapella&instrumental from add-ons menu.
Stems/Instrumental&Acapella/Clean version - if selected - will be delivered as .wav files in source files quality (bit depth/sample rate).

MASTERING - DELIVERIES AND INFORMATION

Every song submitted for mastering will firstly be carefully checked and detailed feedback will be provided, if there is any aspect of the mix which could benefit from change or needs improvement, then customer will be notified. Any customer who buy mastering service at Wavesmith Studio, is offered a free feedback on a mix before submission for mastering. To benefit the most from this, customer needs to make a purchase of mastering service first and tick the relevant box in the mastering upload form. As a standard there is up to 5 reviews included in price, customer need to ask for a review within 30 days, from the date when mastered track(s) has been delivered. Sample of song(s) - around 30 seconds to 1 minute - will be delivered to customer after initial mastering for purpose of approval that the song goes into a right direction and that customer is satisfied with quality. This will not be a final master. It will be a master done in approximately 80%. From here, the song can be further shaped together and customer can have an input all the time or Wavesmith Studio can carry on working on their own - the choice is customers’ - and customer can always ask for a revision later on. Customer’s approval confirms that is happy and satisfied with the song and it’s quality. Up to the point of sample approval, customer can withdraw from contract and ask for a full refund upon giving a reason. After the confirmation/approval of the sample, there will be no refund possible. If customer request a full refund, then no delivery will occur and customer will not receive a full song(s)/project(s) mastered. Order will become cancelled and refund processed.

Turnaround for stereo mastering is 1-3 days and stems mastering 2-4 days.
After the payment, customer’s project will be checked and if there are any issues customer will be notified promptly. If no issues are detected - then customer will receive an order acceptance, from this point the contract comes into existence.
Mastered projects will be delivered in 24bit depth and sample rate of the project, 24bit/48kHz file for video purposes and 320kbps mp3.
Please fill the form on UPLOAD YOUR PROJECT tab and make sure the MAIN DELIVERY section is correctly filled in.
Customer needs to select specific release format for master - streaming services, CD release, Vinyl or Default. The price is the same for all mediums, the process is slightly different so that's why it is important for customer to know where music will be released. If customer needs more than 1 master then add-ons can be selected to the order. Also, for Digital, Default and Vinyl releases chosen as main delivery Wavesmith Studio will deliver the same master optimised for CD release - free of charge. This will not be a separate master. It will be the same master as the MAIN DELIVERY selected, but optimised for CD release - dithered and bounced to 16bit/44.1kHz. If customer wants to have a different master (for example louder) for CD release, then additional delivery format should be chosen from add-ons.

Depending on main delivery format selected, customer will receive (refers to singles/multiple songs, which do not form any kind of compilation like LP or EP):

Digital/Streaming - song(s) mastered specifically for delivery to digital services like Spotify, Tidal etc.

Mastered stereo .wav file in 24bit depth and sample rate of customer’s project.
The same master optimised for CD release (16bit/44.1kHz). Please note that the CD release version is not a separate master.
The same master optimised for use in video (24bit/48kHz). (In case if the delivered project was different specification)
320kbps mp3 file.

CD release - song(s) mastered specifically for music released on CD.

Stereo .wav file mastered to red book standard for CD release.
Stereo .wav file in 24bit depth and sample rate of customer’s project.
The same master optimised for use in video (24bit/48kHz).
320kbps mp3 file.

Vinyl release - song(s) mastered specifically for Vinyl release.

Stereo .wav file mastered to sound the best on Vinyl.
The same master optimised for CD release (16bit/44.1kHz). Please note that the CD release version is not a separate master.
The same master optimised for use in video (24bit/48kHz).
320kbps mp3 file.

Default - this option is the best compromise for a customer who wants to release music digitally but is still not sure where and how exactly. This version will be optimised to sound the best on streamings as well as released on CD. Customer needs to be aware that tracks will not be mastered the loudest they could as this might not sound good on streaming services. Also, it is important to note that this delivery format is not recommended for Vinyl releases. Master for Vinyl should always be ordered as main or additional delivery format.

Mastered stereo .wav file in 24bit depth and sample rate of customer’s project.
Stereo .wav file mastered to red book standard for CD release.
The same master optimised for use in video (24bit/48kHz).
320kbps mp3 file.

Depending on main delivery format selection, customer will receive (refers to full albums like EPs and LPs or other compilations):

Digital/Streaming - album mastered specifically for delivery to digital services like Spotify, Tidal etc.

Album made of mastered stereo .wav files in 24bit depth and sample rate of customer’s project.
The same mastered album optimised for CD release (16bit/44.1kHz). Please note that the CD release version is not a separate master.
The same mastered album optimised for use in video (24bit/48kHz). (In case if the delivered project was different specification).
320kbps mp3 file.
DDP file for optional CD release. It will not be a separate master but version technically optimised for CD release.

CD release - album mastered specifically to be released on CD and to meet RED BOOK standards.

Album made of stereo .wav files mastered to meet RED BOOK CD standard.
Album made of stereo .wav files in 24bit depth and sample rate of customer’s project
The same mastered album optimised for use in video (24bit/48kHz). (In case if the delivered project was different specification).
320kbps mp3 files.
DDP file for CD manufacturing plant.

Vinyl release - album mastered specifically to be released as Vinyl Record.

Album made of Stereo .wav files mastered to sound the best on Vinyl and in agreed sequence to make sure sound degradation is minimised.
The same mastered album optimised for CD release (16bit/44.1kHz). Please note that the CD release version is not a separate master.
The same mastered album optimised for use in video (24bit/48kHz).
320kbps mp3 files
DDP file for optional CD release. It will not be separate master but version technically optimised for CD release.

Album made of Stereo .wav files in 24bit depth and sample rate of customer’s project.
Album made of Stereo .wav files mastered to red book standard for CD release.
The same mastered album optimised for use in video (24bit/48kHz).
320kbps mp3 files.
DDP file for CD manufacturing plant.

MIXING & MASTERING - DELIVERIES AND INFORMATION

Mixing and mastering is a combined service of both separates described above. As a result, customer receive a release-ready track which can be shared with listeners straight away. All Mixing and Mixing&Mastering services listed on www.wavesmithstudio.com do not include full tracks' time alignments or advanced tuning (effect/stylistic tunings like auto-tune vocal effect are included as part of the standard mixing). Prices are based on normal range or work requirements. Before any work commences on customer’s project, uploaded tracks will be carefully checked and customer will be notified if any issues has been identified on source material. If tracks need more attention and more work, like advanced vocal or instrument tunings or tracks are not aligned in time/phase or needs a lot of editing (i.e comping), then customer will be informed promptly and quote for additional work will also be given. Customer can choose what to do and the choice is: customer makes all required changes, Wavesmith Studio proceed with the track as it is but customer will not be able to ask for a refund, as faults within the tracks has been raised before and final song will not meet Wavesmith Studio’s standards, or last and recommended - customer agrees to the quote, make a payment and Wavesmith Studio makes all required changes, edits, tunings etc. If customer wants, can also cancel the order and will be issued with a full refund. As a standard customer can have up to 10 reviews free of charge after the final master delivery. If customer wants to make a really massive change like remove some instruments or add new tracks or completely change the mix, then Wavesmith Studio may charge customer extra for additional work. Sample of song(s) - around 30 seconds to 1 minute - will be delivered to customer after finished mixing and initial mastering for purpose of approval that the song goes into a right direction and that customer is satisfied with quality. This will not be a final master. It will be a master done in approximately 80%. From here, the song can be further shaped together and customer can have an input all the time or Wavesmith Studio can carry on working on their own - the choice is customers’ - and customer can always ask for a revision later on. Customer’s approval confirms that is happy and satisfied with the song and it’s quality. Up to the point of sample approval, customer can withdraw from contract and ask for a full refund upon giving a reason. After the confirmation/approval of the sample, there will be no refund possible. If customer request a full refund, then no delivery will occur and customer will not receive a full song mastered. Order will become cancelled and refund processed.

Turnaround for mixing & mastering is 2-10 days depending on complexity of the project.
After the payment, customer’s project will be checked and if there are any issues customer will be notified promptly. If no issues are detected - then customer will receive an order acceptance, from this point the contract comes into existence.
Customer will receive song mixed in source files quality (for example, if you upload your project in 48kHz/24bit quality, this is what I will deliver to you as a mixed song).
Mastered projects will be delivered in 24bit depth and sample rate of the project, 24bit/48kHz file for video purposes and 320kbps mp3.
Please fill the form on UPLOAD YOUR PROJECT tab and make sure the MAIN DELIVERY section is correctly filled in.
Customer needs to select specific release format for master - streaming services, CD release, Vinyl or Default. The price is the same for all mediums, the process is slightly different so that's why it is important for customer to know where music will be released. If customer needs more than 1 master then add-ons can be added to the order. Also, for Digital, Default and Vinyl releases chosen as main delivery Wavesmith Studio will deliver the same master optimised for CD release - free of charge. This will not be a separate master. It will be the same master as the MAIN DELIVERY selected, but optimised for CD release - dithered and bounced to 16bit/44.1kHz. If customer wants to have a different master (for example louder) for CD release, then additional delivery format should be chosen from add-ons.
As standard customer receive a song(s) as mixed only and separate master in selected main delivery format.

Depending on main delivery format selected, customer will receive (refers to singles/multiple songs, which do not form any kind of compilation like LP or EP):

Digital/Streaming - song(s) mastered specifically for delivery to digital services like Spotify, Tidal etc.

Mixed stereo .wav file in 24bit depth and sample rate of customer’s project.
Mixed and mastered stereo .wav file in 24bit depth and sample rate of customer’s project.
The same master optimised for CD release (16bit/44.1kHz). Please note that the CD release version is not a separate master.
The same master optimised for use in video (24bit/48kHz). (In case if the delivered project was different specification)
320kbps mp3 file.

CD release - song(s) mastered specifically for music released on CD.

Mixed stereo .wav file in 24bit depth and sample rate of customer’s project.
Mixed and mastered stereo .wav file to meet red book standard for CD release.
Mixed and mastered stereo .wav file in 24bit depth and sample rate of customer’s project.
The same master optimised for use in video (24bit/48kHz).
320kbps mp3 file.

Vinyl release - song(s) mastered specifically for Vinyl release.

Mixed stereo .wav file in 24bit depth and sample rate of customer’s project.
Stereo .wav file mixed and mastered to sound the best on Vinyl.
The same master optimised for CD release (16bit/44.1kHz). Please note that the CD release version is not a separate master.
The same master optimised for use in video (24bit/48kHz).
320kbps mp3 file.

Mixed stereo .wav file in 24bit depth and sample rate of customer’s project.
Mixed and mastered stereo .wav file in 24bit depth and sample rate of customer’s project.
Stereo .wav file mixed and mastered to red book standard for CD release.
The same master optimised for use in video (24bit/48kHz).
320kbps mp3 file.

Depending on main delivery format selection, customer will receive (refers to full albums like EPs and LPs or other compilations):

Digital/Streaming - album mastered specifically for delivery to digital services like Spotify, Tidal etc.

Album made of mixed stereo .wav files in 24bit depth and sample rate of customer’s project.
Album made of mixed and mastered stereo .wav files in 24bit depth and sample rate of customer’s project.
The same mastered album optimised for CD release (16bit/44.1kHz). Please note that the CD release version is not a separate master.
The same mastered album optimised for use in video (24bit/48kHz). (In case if the delivered project was different specification)
320kbps mp3 file.
DDP file for optional CD release. It will not be separate master but version technically optimised for CD release.

CD release - album mastered specifically to be released on CD and to meet RED BOOK standards.

Album made of mixed stereo .wav files in 24bit depth and sample rate of customer’s project.
Album made of mixed and mastered stereo .wav files in 24bit depth and sample rate of customer’s project
Album made of stereo .wav files mixed and mastered to meet RED BOOK CD standard.
The same mastered album optimised for use in video (24bit/48kHz). (In case if the delivered project was different specification)
320kbps mp3 files.
DDP file for CD manufacturing plant.

Vinyl release - album mastered specifically to be released as Vinyl Record.

Album made of mixed stereo .wav files in 24bit depth and sample rate of customer’s project.
Album made of stereo .wav files mixed and mastered to sound the best on Vinyl and in agreed sequence to make sure sound degradation is minimised.
The same mastered album optimised for CD release (16bit/44.1kHz). Please note that the CD release version is not a separate master.
The same mastered album optimised for use in video (24bit/48kHz).
320kbps mp3 files
DDP file for optional CD release. It will not be separate master but version technically optimised for CD release.

Album made of mixed stereo .wav files in 24bit depth and sample rate of customer’s project.
Album made of mixed and mastered stereo .wav files in 24bit depth and sample rate of customer’s project.
Album made of mixed and mastered stereo .wav files to meet red book standard for CD release.
The same mastered album optimised for use in video (24bit/48kHz).
320kbps mp3 files.
DDP file for CD manufacturing plant.

13. USER LICENSES

In consideration for your acceptance of this Agreement and your payment of all applicable Fees (as defined below), WAVESMITH STUDIO grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services and the Software solely for your own personal purposes.

You may access and use the Site, Services and Software only in accordance with any instruction manuals, user guides and other documentation as made available by WAVESMITH STUDIO from time to time (“Documentation”).

This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;
attempt to decompile or reverse engineer any software contained on WAVESMITH STUDIO website;
remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by WAVESMITH STUDIO at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

14. PRICING & MODE OF PAYMENT

14. The price of the services will be shown in GBP and in approximate value, after exchange rate applied, in USD. The prices on our site are only indicative as it may change depending on the exchange rates applied by our payment provider at the time of submitting the order. The final price of the services will be as set out in the final order page. All prices are inclusive of VAT. If business customer buy services using B2B codes, it is a customer’s full responsibility to pay all and any taxes required in their country/place of residency for tax purposes. Wavesmith Studio will not take any responsibility for not paid taxes, any interest incurred due to not paid taxes/commitments or any other commitments which should have been made or regulated by customers. To be able to purchase a service exclusive of VAT, customer is required to provide the address where is their business residency for tax purposes and it has to be outside of the United Kingdom. Also, to be eligible to buy services without VAT, business customers are required to provide Wavesmith Studio with their VAT number or, if you are unable to provide a VAT number then certificates from fiscal authorities or other commercial documents indicating the nature of your business activities may be accepted. Wavesmith Studio reserves a right to cancel your order if you purchased a service using B2B code and you do not provide your Non-UK Business/Company VAT number or other evidence. In this case we will make a full refund to you or offer an option to pay required amount of VAT and accept your order.

We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

14.3 It is always possible that, despite our best efforts, some of the services we offer may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any recordings provided to you.

14.4 When you must pay and how you must pay. We accept payment by PayPal, bank transfer & via stripe credit card payments, as set out on the website.

14.5 Payment must be made at the time you submit your order. You agree and acknowledge that we would not process your order until payment is approved and cleared.

15. INDEMNIFICATION.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless WAVESMITH STUDIO, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “WAVESMITH STUDIO Parties”), from and against all actual or alleged WAVESMITH STUDIO Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify WAVESMITH STUDIO of any third-party Claims and cooperate with the WAVESMITH STUDIO Parties in defending such Claims. You further agree that the WAVESMITH STUDIO Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and WAVESMITH STUDIO.

16. PROHIBITED USES

You may not access or use the Site for any purpose other than that for which we make the available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Use content without proper attribution
Use content in a fashion that does not comply with the content’s specific licensing

17. INTELLECTUAL PROPERTY RIGHTS

17.1 Upon receipt in full by us of the fees due for our services, the copyright and any and all other Intellectual Property Rights subsisting in the works produced by us for you shall be deemed to be assigned to you and we will be deemed to have waived all of our moral rights in respect of the services arising out of Chapter IV of the Copyright Designs and Patents Act 1988.

17.2 Following the assignment of copyright and any and all other Intellectual Property Rights, you shall be free to use the works produced by us for you for any purposes including, but not limited to, the purpose for which our services were originally commissioned.

17.3 You hereby accept and agree that we may use your finalized version of the recordings by way of advertising on our website and/or other advertising mediums.

18. DISCLAIMERS.

Your access to and use of the services and content provided on the website are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (WAVESMITH STUDIO ENTITIES are WAVESMITH STUDIO founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.

WAVESMITH STUDIO make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from WAVESMITH STUDIO or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the WAVESMITH STUDIO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WAVESMITH STUDIO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAVESMITH STUDIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WAVESMITH STUDIO EXCEED THE AMOUNT PAID FOR THE SERVICES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WAVESMITH STUDIO HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

19. CHANGES

If WAVESMITH STUDIO decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.

20. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of the website is hereby governed by, and constructed and enforced in accordance with the laws of England & Wales. The competent courts in England & Wales shall have the exclusive jurisdiction to resolve any dispute between you and WAVESMITH STUDIO.

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WAVESMITH STUDIO TERMS AND CONDITIONS

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WAVESMITH STUDIO TERMS AND CONDITIONS

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