TERMS OF SERVICE AGREEMENT

By clicking the agree button, submitting this agreement and remitting your payment for services via this website, you (hereinafter referred to as “Client”) and 48 Hours Masters (hereinafter referred to as “Company”) do hereby represent, warrant and agree as follows:

1. MASTERING SERVICES

Mastering services rendered by Company shall include:

a) adjustments and corrections to the EQ curve,

b) optimization of the dynamics to radio and commercial standards (analog and/or digital multiband compression and limiting),

c) stereo field optimization,

d) editing (fade in/fade out, cross-fades, pauses, sequencing etc.),

e) unless Client specifies specific special instructions on work order form, mastering services rendered shall be performed at the professional discretion of mastering engineer,

f) quality mastering services in accordance with general quality standards that is deemed to be the satisfactory norm in the audio/music mastering industry.

2. APPROVAL OF MASTERS

Prior to the creation of final master, company will provide to client, one approval master of client’s material. Upon receipt of approval master, client shall have 7 days to review approval master. During said 7 day period, client shall approve or submit to company, suggested changes of master. Client’s project shall be deemed completed and fully approved when:

a) client explicitly expresses their approval of masters to company via email or,

b) during 7 day approval period, client elects not to approve or reject approval masters or make any suggested modifications to approval master. In this case, it shall be deemed that client has implicitly affirmed client’s satisfaction of approval masters.

Upon receipt of client’s approval as specified above, company shall proceed forthwith to create, finalize and deliver completed masters to client.

3. REVISIONS OF MASTERS

Suggested revisions made by client prior to the client’s final approval of the approval master, will be performed by company free of charge. Revisions made by client after client has issued approval of the approval masters, will be charged at the normal rates. After company has commenced client’s project, if client elects to submit substitute materials for material already submitted on initial work order, additional charges to client may apply. Said additional charges shall be determined at the sole discretion of company on a case-by-case basis.

4. DELIVERY OF COMPLETE MASTERS

Unless otherwise requested on initial work order form submitted by client, completed masters shall delivered to client via internet download. Client’s delivery preference must be specified on work order form. Masters delivered via internet download is free of charge. Masters delivered to client by any other means will incur shipping costs. Any said shipping costs will be paid at the sole expense of client prior to shipment of masters. Quoted or acknowledged delivery dates shall be deemed to be estimations only.

5. ARCHIVING OF MASTERS

Company does not retain any copies of any kind whatsoever of client’s project. Company is not and shall not be deemed responsible or liable to client in this regard. Any loss or damage to client’s material shall be the sole responsibility of client.

6. TERMS OF PAYMENT

Company accepts Paypal, check, money order, Visa, Mastercard, Discover, and American Express. Payment is due and payable in full at the time order is submitted by Client. All Paypal and credit card payments are processed safely and securely with high level encryption technology. Company will not begin to perform services until client’s payment has been received and cleared into company’s account.

7. REFUND POLICY

After work has commenced, client is not entitled to receive any refund. Company will not provide any refunds subsequent to work commencing on mastering projects. Work orders which are submitted, but wherein no actual work has commenced on client’s project, will upon a client’s request, be refunded to client, minus a 10% preparation and scheduling fee. Once work has commenced on client’s mastering project, the revision policy setforth in provision 3 hereof shall apply.

8. 100% MONEY BACK GUARANTEE

Company will deliver to client a quality master in accordance with generally accepted industry standards. If client is not satisfied with CD master delivered to client, company shall redo and make adjustments to that portion of said master in order to achieve satisfaction of client. Although refunds are not available once work has commenced, upon request by client, company will continue to make changes to mastered materials until final approval is obtained from client. In such a case whereby after 3 or more attempts company is unable to satisfy client’s needs, company will issue a full refund of monies paid by client.

9. SERVICE PRICES

All prices advertised by company are subject to change without notice. Changes in prices, if any, shall not affect any sums paid by client in connection with any project already commenced at time of changes in price.

10. ORder cancellation

Company reserves the right, at its sole discretion, to refuse or cancel any order. In so doing, Company shall fully refund to client of all sums paid by client hereunder.

11. ACTIONS AND IndemnitIES

Client does hereby affirm and declare that client is the sole & exclusive owner & author of the materials submitted to company and that no other 3rd party has any claim or interests of any kind whatsoever in said materials. In so affirming, client does hereby assure, indemnify and hold company harmless from any loss, liabilities, damages, claims or unauthorized use for company acting and reliance on representations made by Client hereunder. Company shall not be liable under any circumstances for any incidental or consequential loss or damages, including but not limited to loss of profits, and the client expressly waives any and all claims for any such loss or damages. If under court ruling company is deemed to be liable, under no circumstances shall liability of company exceed, nor shall clients available remedies extend beyond, return of the full sum of payments paid by client services rendered hereunder.

12. ADDITIONAL TERMS & PROVISIONS

a) Company is not liable for special, incidental, or consequential damages related to omissions or errors in our website or elsewhere.

b) Deliver of completed masters may be delayed due to weather considerations, technical issues and other reasons. If delay endures 7 days, at client’s request, company will issue a full refund to client of all sums paid by client hereunder.

c) In connection with this agreement, the term “material” shall mean songs or audio files submitted to company by client.

d) In connection with this agreement, the term “company” shall be deemed to include company and employees, directors, officers, agents, subcontractors and affiliates of company.

e) For purposes of this agreement, the term “company” shall be deemed to refer to 48 Hour Masters and www.48hourmasters.com.

f) For purposes of this agreement, the term “Client” shall be deemed to refer to you (the person, entity, company, agency, organization submitting this agreement.)

g) Where the context may so require herein, the singular shall include the plural and the masculine shall include the feminine.

h) The paragraph headings are inserted only as a meter of convenience and for reference, and in no way define, limit or describe the scope or intent of this agreement nor in any way affect this agreement.

13. INDEPENDENT CONTRACTOR

Companies business relationship with Client shall at all times be construed to be that of an independent contractor and shall not under any circumstance or instance be considered or deemed an agent, partner or joint venturer of Client.

14. DEMANDS & WRITTEN NOTICES

If client wishes to give notice or demands to company for any reason, client must do so in writing by certified or registered mail only, return receipt requested. Said notice must be delivered to company’s address which is listed on company’s website or at such other address as company may, from time to time designate. If company wishes to give notice or demands to client for any reason, company (or our agent or attorney) will do so in writing by certified or registered mail only, return receipt requested. Said notice will be delivered to your address which is listed on page 1 of this Lease. If more than one person is listed as client, we will only issue 1 notice which will be deemed adequate and sufficient and shall apply to all clients.

15. LEGAL COUNSEL

Client acknowledges having had the unrestricted opportunity to consult with independent legal counsel of their choice, for purposes of advising themselves in connection with understanding and execution of this agreement. If client has not availed themselves of independent legal counsel regarding this agreement, in so doing, Client hereby acknowledges and agrees that client’s failure to consult with independent legal counsel in connection with this Agreement, was determined solely at their own respective discretions.

16. SEVERABILITY

If any part of the agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof, and the remainder of this agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.

17. ENTIRE AGREEMENT

This constitutes the entire agreement and understanding between the parties hereof. Client represents and warrants that client has fully read, reviewed, fully understands and agrees with each and every term and provision of this agreement. Upon electronic submission of the agreement by client and payment of services by client, this agreement shall be binding upon and shall inure to the benefit of client and company respectively and their, heirs, successors, assigns, administrators and executors. This Agreement shall be subject to and construed in accordance with the laws of the province of Alberta in Canada, applicable to agreements entered into and fully performed therein. A waiver by either party hereto or breach of any provision herein shall not be deemed a waiver of any subsequent breach, nor a permanent modification of such provision. The parties hereof acknowledges that no statement, promise or inducement has been made to such party, except as expressly provided herein. This agreement may not be changed or modified, altered, amended or any covenant or provision hereof waived, except by an agreement in writing and agreed to by the parties hereof.