Terms & Conditions
Welcome to Halcyon's website, we (and our associates/affiliates) supply our products to you subject to the following conditions. If you visit our website and/or use our studio you accept these conditions. Please read them carefully.
General Terms & Conditions for Studio Hire:
DEFINITIONS
Agreement means the agreement comprised in the Booking Form and these Conditions.
Booking means the hire of the Studio for the Period of Booking.
Booking Fee means the fee payable by the Client to the Company for the Booking calculated in accordance with the Company's published or usual scale of charges.
Client means the person or company who makes the studio Booking.
Client's Equipment means equipment brought onto the Company's premises by the Client, or the Client's Personnel or any agent or contractor for and on behalf of the Client.
Client's Personnel means persons invited by the Client to enter the Studio during the Booking.
Company means Halcyon Recording Studios.
Conditions means these conditions.
Fees means the cost to the Client for Booking and using the Studio during the period of Booking.
Master Recording means the original recording produced for the Client in the course of the Booking.
Maximum Liability means the maximum liability on the part of the Company to the Client arising under or in connection with this Agreement being £1,000.
Operators means the staff, freelancers or official representatives of the Company.
Period of Booking means the period of time which the Client has booked into the Studio.
Recording means any single or multi-track audio and/or visual recording or data programming or derivative thereof or any one or more pieces of recorded sound or visual image recorded or used during the Booking including a Master Recording and a Pre Production Master or any Client's Recording.
Studio means the recording studio, the premises and it's equipment.
Studio Breakdown means a failure or breakdown or unavailability for any reason of the Studio which prevents the Client's use thereof in accordance with the terms hereof.
1. AGREEMENT
a These Terms and Conditions alone are to apply to all facilities hired and work done by the Company for the Client and shall prevail over any terms and conditions put forward by the Client.
2. STUDIO FACILITIES
a The Company shall make the Studio and the Operators available to the Client for the Period of Booking and shall produce the Master Recording at the direction of the Client or the Representatives. The Client shall only permit people directly involved in the Recordings to enter the Studio and only during the Booking Period. The Company reserves the right to require any person not so involved to leave the Studio.
b The Client hereby acknowledges that it shall be responsible for:
i ensuring the suitability of the Studio for the Client's purpose
ii ensuring that the Client's Equipment shall be compatible with the Studio
iii the technical quality of any recording engineered by personnel provided by the Client
iv any problems or damage caused by use of Clients Own Part Recorded Media (including any virus damage) and that accordingly the Company gives no warranty as to the foregoing
3. THE FEES
a The Client shall pay a 50% deposit of the Fees and any other sums payable by the terms of this Agreement on receipt of invoice and no later than 30 days before the start of the Booking Period.
b The remaining 50% balance must be paid on the final day of the Booking Period in cleared funds, together with any additional expenses that have been accrued by the Client.
c The Client shall be liable to pay interest on any over due sums and payable to the Company from time to time at the rate of four per cent (4%) per annum above HSBC Bank Plc base rate.
d The Fees shall not be reduced on account of:
i the Client's failure to use the Studio for any or all of the Period of the Booking
ii the Client's cancellation of the Booking or any part thereof.
e The Master Recording or no part of the Master Recording will not be released to theClient until all outstanding payments have been paid, regardless of the outstanding balance.
4. THE CLIENT'S OWN MEDIA, PERSONNEL AND EQUIPMENT
a The Company will supply all blank media for recording.
b The Client will be responsible for the integrity of the Client's Own Part Recorded Media and the Company shall not be liable for any deficiency in or caused by such Media.
c The Client hereby warrants, undertakes and agrees that it shall procure that each of the Client's Personnel shall abide by the Studio's rules, regulations and health and safety policy and that it shall be responsible:
i for the actions of the Client's Personnel upon the Company's premises
ii for any and all injury, loss or damage to any person's equipment or premises caused by any act or omission of the Client's Personnel, or as a result of any defect in or inappropriate specification of the Client's Equipment or the Client's Own Media
iii for the cost of the hire of any Client's Equipment
iv for any costs and expenses incurred by the Company on behalf of the Client at the Client's request
v for any and all loss or damage to the Client's Equipment which shall be at the sole risk of the Client
d The Client shall vacate the Studio and remove all Clients' Equipment forthwith at the end of the Period of Booking. The Company shall be entitled by 3 (three) weeks' notice to the Client to require the Client to collect the Client's Equipment and should the Client's equipment not be collected within this 3 week period, the Company shall be entitled to destroy, sell or otherwise dispose of the Client's Equipment without further notice or warning.
5. SOUND LEVELS
a The Client hereby acknowledges that the Noise at Work Regulations 1989 have established that prolonged exposure to high noise levels above 85 dB(A) may cause damage to hearing and that both studios and studio users are required by law to keep exposures as low as reasonably practicable) and that accordingly
i the Client shall be responsible for noise levels within the Studio
ii high noise levels shall not be sustained for long periods
iii the Company hereby reserves the right to take such action as it may deem appropriate to maintain tolerable noise levels and that no claim shall lie against the Company in respect of inconvenience or time lost in the event of such action
iv the Client shall follow the recommendations contained in the APRS leaflet 'KEEP SOUND LEVELS DOWN' and instruct the Client's Personnel to do the same.
6. RECORDINGS AND MATERIALS
a The Client shall procure the collection of the Recordings and ancillary materials (if any) ('the Materials') immediately upon payment in full of the Company's invoice applicable thereto ('the Collection Date')
b After the Collection Date:
i notwithstanding any other provision contained within the Conditions the Materials shall be held by the Company solely at the risk of the Client
ii the Client shall be liable to the Company for such reasonable charges as the Company may raise against the Client for the continued storage of the Materials
iii should the Client not collect the Materials within 30 days after payment of the invoice, the Company shall be entitled to destroy, sell or otherwise dispose of the Materials
c Notwithstanding the foregoing until such time as the Company shall be in receipt of cleared payment of all the Fees:
i the Company shall be entitled to retain possession of all of the Materials
d Notwithstanding any other provision contained within the Conditions the Client hereby acknowledges and agrees that all risk in the Materials when in transit or otherwise off the Company's premises shall vest in the Client
e The Company retains a general lien on any property of the Client Master Recordings and or Materials in its possession for any unpaid balance the Client may owe to the Company. i As long as there remains an unpaid Balance owed to the Company by the Client, the Client is not entitled to sell, manufacture, license or distribute the Master Recordings until payment has been made in full to the Company.
7. INDEMNITY
a The Client hereby covenants and undertakes to the Company that it shall indemnify the Company against any injury loss damage costs and/or expenses suffered by the Companyarising from:
i the Client's cancellation of the Booking including without limitation any reasonable costs or expenses incurred by the Company in connection with the Booking
ii the Client's making, use or exploitation of the Recordings
iii the Client's breach of any of the warranties undertakings or agreements on its part to be observed or performed by the terms of this Agreement
iv any loss or damage caused to the Company by Clients use of Clients Personal orClients Own Part Recorded Material.
8. CONTENT OF RECORDING
a The Client warrants that nothing whatever shall be included in the Recording (or any software introduced by the Client) which constitutes a breach or infringement of any copyright or which shall be in any way illegal, scandalous, obscene or libellous and the Client will indemnify the Company against any liability in respect thereof and shall pay all costs and expenses whichmay be incurred by the Company in reference to any such claim. The indemnity shall extend to any amount paid on a lawyer's advice in respect of any such claim
b The Company shall not be required to reproduce any matter which in its opinion is or may be of an illegal, scandalous, obscene or libellous nature.
9. STUDIO BREAKDOWN WARRANTY
a In the event of Studio Breakdown the Company shall at its option either replace (as soon as can reasonably be arranged) the Studio facilities to which the Client was entitled by the terms hereof and which have been lost as a result of such Studio Breakdown or credit or refund to the Client the Booking Fee in respect of the Booking and shall have no liability or obligation to the Client beyond these remedies.
10. MASTER RECORDING AND POST PRODUCTION WORK WARRANTY
a The Client shall promptly notify the Company in writing of any defect in or loss of or damage to the Master Recording of which it is made aware.
b The Company shall use its reasonable endeavours to correct any such defect and to effect replacement of such lost or damaged materials so notified to it or of which it is aware and which are attributable to faulty materials or workmanship or the negligence of the Company
c In the event that the Company is unable reasonably to effect such rectification or replacement its liability in respect of any Master Recording shall be limited to the Maximum Liability
d The Company is not obligated to and generally does not keep hard or soft back-up copies of the Master Recordings, session files or any other data or audio recording related to the Master Recording after the Booking Period. It is the sole responsibility of the client to:
i supply appropriate recordable media to the Company for the purpose of creating a back-up
ii store any session files or audio related to the Master Recording after the Booking Period.
11. CLIENT'S RECORDINGS
a It is a condition of this Agreement that all Client's Recordings shall have been copied by the Client before delivery to the Company, and that the Company's liability for loss of or damage to a Client's Recording shall be limited to the value of the media on which it is recorded.
12. COMPANY'S OVERALL LIABILITY
a In the event that the Client shall actually suffer any loss or damage arising directly from the negligence or breach of contract or of statutory duty of the Company then other than in cases of death or personal injury the Company's liability therefor shall be limited in any event to the Maximum Liability in respect of the aggregate of all instances of such negligence and/or breach arising out of the Company's performance of its obligations under this Agreement
b Notwithstanding any other provision contained within this Agreement the Company shall not be liable to the Client or the Client's Personnel for any:
i indirect or consequential loss or damage
ii economic loss including without limitation any loss of profits or goodwill or anticipated savings arising from any fault in the Studio or any act or omission of the Company its servants or agents in respect of this Agreement
c The Company's liability under this Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortious or otherwise. All other conditions, warranties, stipulations or other statements whatsoever concerning the Agreement, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded.
d The Client accepts as reasonable that the Company's total liability in respect of the Booking and/or the Post Production Work shall be as set out in this Agreement: in fixing those limits the Client and the Company have had regard to the price and nature of the Booking and the Recording Work and the terms hereof, and the level of expenses expected to be incurred by the Client in respect thereof and the resources available to each party including insurance cover, to meet any liability.
e WHERE THE BOOKING IS MADE BY A CONSUMER AS DEFINED IN THE SALE OF GOODS ACT 1979, THE SUPPLY OF GOODS AND SERVICES ACT 1982, THE SALE AND SUPPLY OF GOODS ACT 1994 OR THE FAIR TRADING ACT 1973 THE STATUTORY RIGHTS OF THE CLIENT ARE NOT AFFECTED BY THESE CONDITIONS.
13. FORCE MAJEURE
a Notwithstanding any other term of this Agreement the Company shall not be under any liability for any failure to perform any of its obligations under this Agreement due to Force Majeure. Following notification by the Company to the Client of such cause, the Company shall be allowed a reasonable extension of time for the performance of its obligations. For the purpose of this Condition, 'Force Majeure' means:Act of God, explosion, flood, tempest, fire or accident;war or threat of war, sabotage, insurrection, civil disturbance or requisitionacts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authorityimport or export regulations or embargoesstrikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party)difficulties in obtaining raw materials, labour, fuel, parts or machinerypower failure or breakdown in machinery
14. MISCELLANEOUS
a The Client shall procure that neither the Client nor any of the Client's Personnel shall be held out as an agent of or pledge the credit of the Company
b This Agreement constitutes the entire agreement between the parties and neither party shall be bound by any other statement or representation made to the other
c No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto.
d In the event that any part of this Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect
e All notices required to be given hereunder shall be in writing and deemed properly served if delivered by hand or sent by fax (PROVIDED that proof of transmission can be produced) to the address or fax number respectively of the applicable party specified on the Booking Form on the date of delivery or transmission or if sent by recorded delivery post to such address within two (2) working days of posting.
f This agreement shall be construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts
By making a booking in person, via the Internet or by telephone, the Client agrees to and is bound by the terms & conditions of this agreement.
Other Terms and Conditions
COPYRIGHT
All content included on this site, such as text, graphics, paintings, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Alice Digby Associates and Halcyon and Brian Vincent or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Alice Digby Associates and Halcyon and Brian Vincent and protected by international copyright laws.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by Halcyon, we cannot confirm the price of an item until you order.
Postage and packaging fee is not included in listing price. P&P is automatically added either when you add item to basket (and check out), or by us when you order via email or phone.
LICENSE AND SITE ACCESS
Alice Digby Associates and Halcyon and Brian Vincent grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Alice Digby Associates and Halcyon. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Alice Digby Associates and Halcyon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Alice Digby Associates and Halcyon and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Alice Digby Associates and Halcyon, name or trademarks without the express written consent of Alice Digby Associates and Halcyon. Any unauthorized use terminates the permission or license granted by Alice Digby Associates and Halcyon you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Alice Digby Associates and Halcyon so long as the link does not portray Alice Digby Associates and Halcyon, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Alice Dig by Associates logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Alice Digby Associates and Halcyon does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Alice Digby Associates and Halcyon only with involvement of a parent or guardian. Alice Digby Associates and Halcyon and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Alice Digby Associates and Halcyon reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Alice Digby Associates and Halcyon and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Alice Digby Associates and Halcyon and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Alice Digby Associates and Halcyon or its affiliates for all claims resulting from content you supply. Alice Digby Associates and Halcyon has the right but not the obligation to monitor and edit or remove any activity or content. Alice Digby Associates and Halcyon takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Alice Digby Associates and Halcyon and its affiliates respect the intellectual property of others.
RISK OF LOSS
All items purchased from Halcyon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Alice Digby Associates and Halcyon and its affiliates attempt to be as accurate as possible. However, Alice Digby Associates and Halcyon does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Halcyon itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Alice Digby Associates and Halcyon on an "as is" and "as available" basis. Alice Digby Associates and Halcyon and Brian Vincent makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Alice Digby Associates and Halcyon and Brian Vincent disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Alice Digby Associates and Halcyon does not warrant that this site, its servers, or e-mail sent from Alice Digby Associates and Halcyon are free of viruses or other harmful components. Alice Digby Associates and Halcyon will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
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