TERMS AND CONDITIONS
Tim Lengfeld Mastering (‘TL Mastering’) is a sole proprietorship owned, controlled and run by Tim Lengfeld. Please look at the site for contact information.
ACCEPTANCE OF TERMS AND CONDITIONS
The terms and conditions (‘T&C’) are applicable between you (the web user, client, potential client or a business or juristic person etc.) and TL Mastering. By using this site or the services of TL Mastering, you confirm that you understand and accept the T&C. If you do not agree with the T&C, then you may not use the site or services of TL Mastering. These T&C constitute the entire agreement between you and TL Mastering. No other provision may be added, or read in, unless with the written consent of TL Mastering. TL Mastering’s failure to strictly enforce a provision or the periodic relaxation of a provision in these T&C does not amount to an implied waiver of any provision or of any rights associated to the provision.
This document, and the terms set out are governed and interpreted in accordance of South African laws.
The information contained on this site is intended to provide a basic and general description of TL Mastering’s services, and may not necessarily be an accurate or current description of the services. You should not rely on the information without first consulting TL Mastering.
NO LIABILITY FOR RELYING ON INFORMATION
TL Mastering will not be held liable for any harm (monetary or otherwise) caused to you if you relied on the information on this site, and without first consulting TL Mastering. This includes liability towards general use of the site or where features of the site are no longer available.
CHANGE OF INFORMATION
TL Mastering may change the information, layout, graphic, links or any content reasonably expected to be associated with this website and without giving notice. It is your responsibility to review the site, and to be aware of any changes.
All content on this site, including the images, text and layout is the intellectual property of TL Mastering, except where indicated otherwise, and you may not use the content in any way where it could prejudice the rights and interests of TL Mastering or where you gain some direct or indirect commercial gain from such use without first getting the express permission from TL Mastering.
You may refer or link to this site provided it does not prejudice or harms the reputation, goodwill or rights of TL Mastering. Think before you post.
Any links referred to on this site are done with the intention of providing easier access to useful sites, and TL Mastering has no control over the content on linked sites.
Although effort is expended to ensure the site and email correspondence between you and TL Mastering is free of any viruses, no guarantee is made that there are no viruses and it is your responsibility to ensure your virus protection is sufficient and up to date. TL Mastering will not be held liable for any damage, loss or costs caused as a result of viruses.
Chapter 13 of the Electronic Communication and Transactions Act 25 of 2002 sets out criminal offences with regard to websites. This includes interfering, intercepting or unauthorised access to data. These offences could apply to you should you be in contravention of them, so it is strongly suggested you don’t do it.
This site is intended to supply some information on TL Mastering and to help you decide on whether or not you want to use the services. The site is simple, and free to use, so you should take care when using the site, and just treat it like you would treat any other site. Don’t take the information too seriously, and don’t do anything that could potentially harm this business. If you are unsure, just send Tim an email, and he will help you.
Any digital correspondences (email, sms or whatsapp etc.) sent between TL Mastering and you is confidential, unless the wording of the message implies that it is not confidential. Messages sent to you by TL Mastering are meant for you only. If you have received an email not intended for you then please do the following:
- Notify TL Mastering after becoming aware of the mistake, and delete the message immediately after informing TL Mastering.
- Do not forward, copy or transfer any part of the message to anyone other than TL Mastering.
- You may not save the message in any form, whether digitally or physically.
TL MASTERING T&C
You must pay a 50% deposit on all projects before any commencement of the work. Payment of the deposit may be relied on as proof of acceptance of the T&C. The balance of the payment must be paid within 7 days of being invoiced.
The rates are not published on the site, please contact TL Mastering for the rates. Note that the rates are subject to change without notice, and that TL Mastering will not be liable for any expectation you may have had in relation to the rates.
You will be liable for any costs, damages or loss suffered by TL Mastering as a result of your conduct where you were at fault or where you provided technically defective material not suitable for producing the Masters.
You will also be invoiced for additional costs where you request further changes be made, which was not originally agreed upon between you and TL Mastering, provided TL Mastering has agreed to make the changes.
THIRD PARTY AGREEMENTS
TL Mastering is not responsible for any agreements entered into between you and third parties, and therefore it is your duty to pay any fees, including royalties, owed to third parties.
BREACH OF CONTRACT
You will be in breach of contract if you fail to pay the agreed price on the specific dates mentioned, and TL Mastering may institute a civil claim against you for the balance, legal costs and any other costs incurred as a result of the claim.
If you fail to comply with the terms of this agreement, or if you default in payment, then TL Mastering may publish your information on its website.
By entering into an agreement with TL Mastering, you indemnify TL Mastering against all potential claims that could be instituted against TL Mastering in respect of work done by TL Mastering for you. Some potential claims could include, but is not limited to: violation of personality rights (defamation, privacy rights etc.), breach of third party agreements, and infringement of others’ intellectual property.
It is especially your duty to ensure the projects are rightfully owned by you, or that you have the owner’s written consent (or a license) to send the project to TL Mastering.
Depending on the nature of the project, a minimum of 24 hours must be given to TL Mastering if you cancel a booking or arrangement. Failure to give notice may result in you being billed for four hours’ worth of work. If you fail to arrive at the premises or to deliver the project within 30 minutes from the start of the booking, your conduct will be deemed to be a rescission of the contract, and TL Mastering may bill you for four hours’ worth of work.
All completed projects must state “Mastered by Tim Lengfeld” in an easily identifiable location. Credits must be given regardless if the project is in a material (physical) or digital form, or whether the project is used for commercial or non-commercial purposes (such as marketing). One copy of a completed project must be supplied to TL Mastering for purposes of maintaining an accurate portfolio.
WAIVER, AMENDMENT OR SUSPENSION OF TERMS
Any term in this agreement may be waived, amended or suspended, provided the express and written consent is given by both parties.
Any term in this agreement which is deemed unreasonable and void by a competent court will be severed from the agreement. The non-severed parts of the agreement will remain valid and enforceable.
The terms of this agreement will not be enforceable where unforeseeable or uncontrollable circumstances exist making it not reasonably possible for either party to perform (i.e. force majeure).
In terms of the Electronic Communications and Transactions Act (25 of 2002), certain disclosures must be made related to TL Mastering.
- Full name: Tim Lengfeld Mastering
- Physical address: Wechmarshof Farm, Banhoek Valley, Stellenbosch
- Telephone number: +2782 701 5096
- Website: mastering.co.za
- Email: firstname.lastname@example.org
- Brief business description: Mastering of recorded tracks
- Service fee: Please contact TL Mastering directly for quotation.
- Manner of payment: EFT
- Binding terms on consumers: The terms of this document.
- Refund policy: See below.
- Cooling off period: Not apply.
MASTERING PROCESS (THE PRODUCT)
RISK OF LOSS
It is your responsibility to keep backup copies of your pre-mastered material. TL Mastering is not liable for any loss or damage that may occur to the pre-mastered material when in transit, physically or electronically. Any loss or damage will not release you of your duties to the agreement between you and TL Mastering.
TL Mastering will not be liable for any loss, damage or failure to the Masters where the loss, damage or failure was due to a reason outside the control of TL Mastering.
All methods, techniques and processes used, as well as the equipment (hardware and software) and the combination in which they are used, are the intellectual property of TL Mastering, and will not be released.
APPROVAL OF MASTERS
TL Mastering will supply one test CD-R/DDPi to you for your approval if you did not attend the mastering session. Approvals or changes must be given within 7 days. TL Mastering reserves the right to make the changes. If you did attend the mastering session, then you will be invoiced for the additional time and materials used to implement your requested changes, if any.
All final Masters are accompanied by a reference media copy, which is identical to the final Master. It is your responsibility to listen to the reference copy to ensure the CD, DVD or other related storage device is complete and without any defects.
NON-STANDARD MASTERS AND PROCESSES
‘Non-standard Master’ means the implementation of any process or the use of any CD which is not necessarily regarded as being the industry standard.
Although TL Mastering is competent to work on non-standard Masters, TL Mastering does not make any warranty or provide any assurance that the Masters will be released exactly as specified by you. This includes any other service which does not ordinarily fall under ‘Mastering’ as defined in this T&C.
REPLICATION OF MASTERS
If you decide you want copies printed of your Masters, then TL Mastering will supply a table of content with the Masters. Both the table of content and the Masters must be given to the CD Replicator before replications can be made. It is recommended that you request BLER testing from the CD Replicator before a glass master is produced and if you intend on using a CD-R master.
TL Mastering will only release the Masters to you once you have paid in full. If you do not pay, the Masters will be kept (stored) with TL Mastering. TL Mastering will not be liable for any loss that occurs whilst the Masters are stored, and you therefore bear the risk.
TL Mastering deletes all Masters after competition of the project, and when all obligations are fulfilled. You therefore have the duty to keep all Masters sent to you, and you are fully responsible for all Masters in your possession after completion of the project.
All time indications given by TL Mastering are merely approximations, and must not be regarded as a binding term, unless specifically agreed to.
TL Mastering will not be held liable for any loss or damage caused as a result of your negligence.
The warranties detailed in this document are the only warranties that may apply between you and TL Mastering. All other warranties, express or implied, are therefore unenforceable. These T&C do not limit the rights you may have in terms of the Consumer Protection Act, 2008.
TL Mastering warrants that it may be held liable, at its discretion, for defective Masters released by TL Mastering, and TL Mastering will (a) replace part of or the entire defective project or (b) reimburse you for the same invoiced amount paid by you to TL Mastering.
TL Mastering will under no circumstances be held liable for any other incidental or consequential loss or damages that might occur as a result of the defective Masters referred to above.
CLAIMS AGAINST TL MASTERING
When you receive and approve the Masters delivered to you, then your conduct in this regard amounts to complete acceptance of the Masters, and you therefore waive any rights you may have against TL Mastering with regard to the Masters unless –
- You submit a written notice with sufficient information detailing the alleged claim to TL Mastering at least 5 days after being sent the Masters; or
- you return the rejected Masters back at least 5 days after being sent the Masters.
- You may lay a claim, or return the defected Masters within 10 days of discovering a non-obvious defect, or a defect which is not easily discoverable upon reasonable inspection (‘latent defect’). A claim for latent defects may only be instituted in writing and within 30 days after being invoiced or when the Masters were delivered to you.
Any other claim for breach of agreement or otherwise must take place within 1 year after the cause of action (the incident) occured.
DEFAULT OF PAYMENT
Where you default in payment after seven days of receiving the invoice, or where you are declared insolvent, TL Mastering has the right to
- Suspend its services until the full amount has been paid;
- Require cash advances for future work;
- Collect a late interest fee of 5% per month of the owing amount and from the date the default took place;
- Recover all other costs incurred as a result of your breach, including attorney fees, and collection administration fees.
If TL Mastering is not satisfied with your conduct with regard to payment for previous projects between you and TL Mastering, then TL Mastering has the right to change the manner in which you should pay for future works, including advance payments, payment in cash or alternative credit terms.
The South African courts have jurisdiction over any disputes concerning this contract. You and TL Mastering agree that if any dispute arises, the matter must first be mediated or arbitrated. If the mediation or arbitration process fails, then you or TL Mastering may approach a court that will be the most cost effective for both parties.