This website is owned by VOZ ON LOCUÇÕES E PRODUÇÕES, LDA., a company with head office and registry in Portugal, with Taxpayer no. 508548713, and studios at Avenida Marechal Humberto Delgado, Edifício Thuya, 332 - 4760-012 Vila Nova de Famalicão, hereinafter referred to as “Provider”. The Provider will provide the Client with recording studio(s), narrators, actors and/or other in-house services and/or outsourced services during the project’s full duration. The word “Client” describes any legal person, namely from end to middle clients, but not limited to freelance producers, video makers, video editors, translators, filmmakers, directors, designers, audio-visual production companies, communication agencies, creative agencies, radio stations, Television, websites, etc.
WHEN AWARDING A PROJECT, THE “CLIENT” AGREES WITH THESE TERMS AND CONDITIONS METHOD
The Provider will exercise to the best of its ability and know-how to complete the project within the set deadline. By contracting the Provider, the Client acknowledges the Provider possesses all the professional abilities in terms of audio post-production. It acknowledges that Voz On Locuções e Produções Lda. possesses teams of highly qualified professionals, recognized within the audio-visual sector, especially in terms of narration, sound and voice-over; and that by hiring the Provider’s services it is undoubtedly delegating all artistic and creative aspects within the mentioned segment in order to perform each audio-visual project. However, the Client is free to present a written briefing with guidelines, including suggestions on how the Client would like the work to be carried out insofar as, for example, choosing the voice of the narrator/actor or actress, by sending one or more videos and/or other reference material. It is the Provider’s responsibility – while acting as Artist Director – to take the said briefing into consideration according to its profession’s best practices. However, the Client must decide on any adjustments it may find suitable, considering the best final result, for ethical reasons, or any other reason the Client may find relevant while executing the project. The Provider will not assume any responsibility should the Client take on any additional costs in the event of the project being prolonged beyond its foreseen deadline. The Provider may demand a deposit of 50 to 100% of the total costs, in order to secure the services necessary to complete the project. This deposit is not refundable, except in the event of the Client cancelling services up to 14 days prior to the recording, or if one of the professionals required to execute the project – narrator, actor, sound technician or recording director – falls ill or has unpostponable issues to address. In the event that the Provider does not receive the deposit, the Provider has the right to cancel the recording without previous notice. After the completion of the project, the Client must pay the total sum, including fees, minus the deposit already paid. Should the Client miss the payment, the Provider has the right to retain recordings until the payment is made in full. The Client may not use the recordings before making the full payment.
The Client acknowledges that the cost of each production made by the Provider is always dependent on the team chosen by the Client, but also on how the produced audio archives will be used. In that sense, it is the Client’s responsibility to inform the Provider if a certain audio archive will be used as, for example: on TV (Regional, National, Cable, etc.), Internet (the Client’s website, video storage and broadcasting portals, social networks, etc.), telephone, CD, DVD, internal or online courses, internal videos, cinema, exhibition in fairs and other events, etc. The Client must also inform the Provider on how the audio archives produced by the Provider will be used and acknowledges that, in the case of Broadcast campaigns (Radio or TV), it is fundamental that the terms of usage of the produced phonogram are well established. As a general rule, phonograms used in Broadcast campaigns (Radio or TV) can be used for a maximum of 12 months and 15 days, from the date of the Invoice or Receipt issued by Voz On Locuções e Produções Lda. After that period, should the Client want to use the audio archives again, the Client must request the Provider for a new Usage Permit, specifying the new usage timetable and paying the respective usage rights. As for audio archives used on the Internet, the Provider grants usage rights for an undetermined amount of time, without requiring the renewal of the permit. However, the Client acknowledges that this is a good will gesture, since there are special situations under which that renewal of rights may not be possible, namely, but not limited to, reasons pertaining with the exclusive contracting of the narrator/actor by another company of the same sector, resulting in an onerous situation; or in case of debt of the Client to the Provider. The audio archives cannot be used before they are fully paid. Should any unconformity occur, such as unauthorized usage, the Client acknowledges the payment of the original Invoice’s sum, multiplied by two, plus the respective interests at an Annual Rate of 6% (six percent), and is also susceptible to sanctions foreseen in Legislation, namely Law 50/2004, which applies Directive 2001/29/EC of the European Parliament and Council in Portugal. On the other hand, the Client transfers to the Provider, without any limitations, the rights of the Provider to use the produced audiovisual material, including, but not only, the phonogram produced by the Provider, in order to promote its own portfolio. If the Client – by force majeure – wishes that audiovisual material not to be divulged in the Provider’s portfolio, the Client should report that intent in writing.
The Provider does not apply any reimbursement or return policies. However, should the Client cancel the recording up to 14 days prior to the scheduled date, the Client will be offered the reimbursement of the full amount of the paid deposit or a rescheduling of the recording. The Client will have to give notice of the cancelation 14 days prior to the date of the recording. If this notice is not received by the Provider, the Client will be accountable for 50% of the cost, relating to the booking of the studio and the professionals. All recording sessions cancelled on the actual scheduled day will be charged full price. The Client will also be accountable, for example, for arriving late at the recording site.
The Client’s personal information will not be disclosed to third parties. The Provider uses the information provided by the Client solely for purposes such as meeting the Client’s requests, customizing future orders or improving the business and communication method with the Client. If the Client has filled in all the forms, the email address and other contact information will only used upon the Client’s request.
The Provider will not be responsible for any loss, damage, injury, costs or expenses incurred by the Client due to: incorrect storage, inside or outside the Provider’s facilities, of equipment, audio, video and digital data recording; inadequate or abusive use of client recordings; issues pertaining to client recordings copyright and any costs / expenses incurred by the Provider. The Provider reserves the right to review fees and policies without previous notice.
Any litigation resulting from the interpretation, integration and fulfilment of this contract will be settled by the judicial district of Vila Nova de Famalicão, expressly wavering all others.
WHEN AWARDING A PROJECT, THE CLIENT AGREES WITH THESE TERMS AND CONDITIONS
1 May 2008