TERMOS E CONDIÇÕES

TERMS AND CONDITIONS FOR THE PROVISION OF THE SERVICE

This website is owned by VOZ ON LOCUÇÕES E PRODUÇÕES, LDA., a company based and registered in Portugal, with taxpayer number 508548713, with studios at Rua 8 de Dezembro, 214 - 4760-016 Antas, hereinafter referred to as "Provider". The Provider will make available to the Client recording studio(s), voice actors, actors and/or other services, proprietary and/or outsourced, for the total duration of the project. "Client" is understood as any legal entity, from end clients to intermediaries, including, but not limited to, producers, videographers, video editors, translators, filmmakers, directors, designers, audiovisual production companies, communication agencies, creative agencies, Radio stations, Television, Websites, etc. holding a valid Corporate Tax Number. As this is a solely business service, natural persons are excluded from this list.

BY AWARDING A PROJECT, THE "CLIENT" IS AGREEING TO THESE TERMS AND CONDITIONS

The Provider undertakes to use all its commitment and know-how to complete the project within the agreed timeframe. The Client resorts to the Provider because they recognize in it all the professional capabilities in the field of audio post-production. They recognize that Voz On Lda. has a highly qualified and recognized team of professionals in the Audiovisual sector, especially in the voiceover, sound, and dubbing segment; and that by contracting its services, they are clearly delegating all the artistic and creative aspects within the mentioned segment for the completion of each audiovisual project. Notwithstanding, the Client is free to submit, in writing, an orientational brief, including their suggestions on how they would like the work to be executed, such as, for example, choosing the voice of the voice actor/actress/actor, sending video(s) and/or other reference materials. It will be up to the Provider, as Artistic Director, to take this same brief into consideration, within the good practices of their profession. Notwithstanding, it will be up to the latter to decide on any adjustment considered appropriate for the best final result, for reasons related to ethics or any other deemed relevant at the time of project execution. The Provider will not accept any responsibility if the client incurs additional costs if the project exceeds the expected execution schedule. A deposit of between 50 and 100% of the total costs may be required by the Provider to secure the reservations of the services necessary for the execution of the project. This deposit is non-refundable under any circumstances, except in the case of the client canceling the services 14 days before the recordings; or in case of illness or other unavoidable reason of one of the professionals necessary for the execution of the project: voice actor, actor, sound engineer or recording director. If the deposit is not received by the Provider, the latter reserves the right to cancel the recordings without prior notice. After the project is completed, the Client must pay the total amount, including fees, minus the deposit already paid. If the Client fails to make the payment, the Provider reserves the right to withhold the recordings until the payment is made in full. The Client may not use the recordings at any time until the payment has been made in full.

USAGE RIGHTS

The Client acknowledges that the price of each production carried out by the Provider always depends on the team chosen by the Client, but also on the type of use that will be given to the produced audio files. In this sense, it will be up to the Client to clarify to the Provider whether a given audio file will be used, such as: on TV (Regional, National, Cable, etc.), Internet (client's website, video hosting and dissemination portals, social media, etc.), telephone, CD, DVD, internal or online courses, internal videos, cinema, projection at fairs and other events, etc. The Client must also clarify to the Provider the use that will be given to the audio files produced by the Provider, and recognizes that, in the case of a Broadcast campaign (Radio or TV), it is essential that the usage times of the produced audio file are well defined. As a rule, audio files used in Broadcast campaigns (Radio or TV) have a maximum use of 12 months and 15 days from the date of the Invoice or Receipt issued by Voz On Locuções e Produções Lda. After this period, and if the client intends to use the audio files again, they must request a new Usage License from the Provider, specifying the new usage schedule and paying the respective usage rights. Regarding audio files used on the internet, the Provider grants usage rights indefinitely, without requiring the renewal of the License. However, the Client acknowledges that this is a courtesy, as there are extraordinary situations in which this renewal of rights may not be possible, including, but not limited to, reasons related to the contracting of the voice actor/actor by another similar company under an exclusivity regime, resulting in a serious situation; or simply due to the existence of debts from the Client to the Provider. The audio files may not be used under any circumstances without their full payment. If any breach occurs, such as unauthorized use, the Client acknowledges that they will have to pay the amount corresponding to the original Invoice, multiplied by two, plus the respective accrued interest at an Annual Rate of 6% (Six percent), also incurring sanctions provided for in the Legislation, namely Law 50/2004 which transposes the European Parliament and Council Community Directive 2001/29/CE into Portugal. On the other hand, the Client transfers to the Provider, without any limitations, the rights of the latter to use the produced audiovisual materials, which also includes, but is not limited to, the audio file produced by the Provider, for the purpose of promoting its own portfolio. If, for a major reason, the Client does not wish to have this audiovisual material disclosed in the Provider's Portfolio, they must communicate this intention in writing. At no time is the client permitted to digitally manipulate and/or adulterate the produced phonograms, without the knowledge and approval of the provider, which leads to a clear modification of the tone and other intrinsic vocal characteristics of the voice actor or actor used. Similarly, at no time may our files (which contain only voice) be placed on platforms associated with Artificial Intelligence services, including, but not limited to, online video editing services that capture the voice for learning purposes and/or for the creation of generative models. All editing must take place only on the editor's local device. The voice files produced by Voz On have tracking metadata that aim to register unauthorized uses in AI environments.

REFUND RULES

The Provider does not operate refund or return policies under any circumstances. However, should the client cancel the recording 14 days in advance, a refund of the total amount of the deposit paid or rescheduling of the recording will be offered to the Client. The Client must give notice of cancellation 14 days in advance of the recording. If such notice is not received by the Provider, the Client will be held responsible for the cost of 50% relating to the reservation of studios and professionals. Recording sessions canceled on the same day as their scheduling will be billed at their full cost. The client will also be held responsible if they are unable, for example, to arrive at the recording location on time.

PRIVACY POLICY

Client personal information will not be provided to third parties. The Provider uses the information provided by the client only for purposes such as responding to their requests, customizing future orders, improving business methodology and communication with the Client. If the Client has completed all forms, the email address and other contact information will only be used at the client's request.

INDEMNITIES

The Provider will not be liable for any loss, damage, injury, costs and expenses incurred by the client due to the following: incorrect conservation, inside or outside the Provider's facilities, of equipment, audio and video recordings, and digital data; Inadequate or abusive use of client recordings; Copyright issues with client recordings and any costs/expenses incurred by the Provider. The Provider reserves the right to review fees and policies without prior written notice.

JURISDICTION

Any dispute arising from the interpretation, integration and fulfillment of this contract will be subject to the jurisdiction of the District of Vila Nova de Famalicão, Portugal, with express waiver of any others.

BY AWARDING A PROJECT, THE CLIENT IS AGREEING TO THESE TERMS AND CONDITIONS

May 1, 2008

Payment Conditions (National Market):

Companies adhering to the “Compromisso Pagamento Pontual” (Punctual Payment Commitment) of ACEGE:

1st, 2nd and 3rd projects: 30 days

From the 4th project onwards: 60 days

If you wish to adhere to the “Compromisso Pagamento Pontual” of ACEGE, you should register for free at https://www.pagamentospontuais.org/#formulario .

You must send us a copy of the signed commitment to immediately benefit from the payment conditions mentioned above.

Companies not adhering to the “Compromisso Pagamento Pontual” of ACEGE:

Payment is always made upon the awarding of each project.