Mike Wells Mastering: Policies & Terms

Policies


	Polices & Terms: Please completely read this contract. Website: This stands as the restrictions and agreement between the owners of this site and all visitors. Unless otherwise allowed by law or stated elsewhere, NO part of the normally displayed text or graphics, including keywords and HTML commands not normally displayed, on this site may be reproduced or transmitted in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, rekeying, scanning, or yet uninvented means, or by using any information storage and retrieval system, EXCEPT WITH THE PRIOR WRITTEN PERMISSION OF THE AUTHOR AND APPROPRIATE REFERENCES TO THIS SITE AS DEFINED BY THE AUTHOR. All text is intellectual property and is copyrighted. Each web page of portion thereof contained in this site has a retail value of $6,000.00 US and is only available when ordered from the author. No portion of this site may be used or redistributed for commercial purposes. Utilization of resources from this site and associated server (such as "cgi" programs, SMTP resources (eMail), and others) shall carry a fee of $3,000.00 per use and all such uses require the prior written permission of the author. Theft will result in consequences. For each visitor to our Web page, our Web server automatically collects visitor information to include their domain name, but not the e-mail address of visitors to our web page, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used for internal purposes, used to improve the content of our Web site, used to notify consumers about updates to our Web site, and is not shared with other organizations for commercial purposes. This web site is protected by federal Copyright. Additionally, use of materials or the use of "Mike Wells Mastering" as a keyword is prohibited. Certain links on this site lead to resources located on servers maintained by third parties over whom Mike Wells Mastering has no control. As such, Mike Wells Mastering makes no representation as to the accuracy, content, or any other aspect of the information contained on such servers. All copyrights, trademarks, service marks, and logo's are the respective property of their holders. Some information contained in this site refers to other sites in the form of hyperlinks. If you detect any issues with the legality of this site in any way, shape, or form, problems are always unintentional and will be corrected with notification. Clients: This text creates a contract between Client and Mike Wells Mastering. Specific changes to this text may appear with Client's work order as generated by Mike Wells Mastering and is only valid when approved by Mike Wells Mastering. Rates/Quotes: All rates are subject to change without notice. Mike Wells Mastering issues quotes in the form of (including but not limited to) "Customer Quotes", "Package Deals", "Package Quotes", and "Partner Agreements". Upon receipt of issued quotes no changes made by Client are binding unless written approval is granted by Mike Wells Mastering. Additional Charges: Client will be billed for additional charges incurred to Mike Wells Mastering as the result of fault by Client, such as but not limited to invalid/corrupt source material provided by client, additional work performed beyond quoted terms, rental of special equipment at Client's request. Taxes: Client is soley responsible for any and all taxes. Any applicable taxes will be billed to client in addition to quotes/rates/final invoice. Payment of taxes must be made syncronous to terms of invoice billed to client. Cancellation Policy: Mike Wells Mastering requires 72 hour notification of session cancellation, otherwise Client will be billed 50% of the quoted session time. Non-Permitted articles: Pets (of any kind) and infants/small children are not allowed in sessions under any circumstances. The SPL levels alone are not good for animal ears or the developing ears of children. Risks & Liability: In no event will Mike Wells Mastering be liable to you or others for any damages for any cause arising from provided services, or documentation, including any lost profits, lost savings, or other incidental or consequential damages, even if Mike Wells Mastering has been advised of the possibility of such damages, or for any claim by another party. Client assumes all risk of damage or loss to Client work materials while in transit to/from Mike Wells Mastering, and Client will not hold Mike Wells Mastering liable for damages of any type regarding Client work materials. Payment Terms: Mike Wells Mastering issues payment terms on a per-client basis and agreed upon payment terms will be specified in writing in Quote generated to Client. Terms may not be altered by Client unless written approval is granted from Mike Wells Mastering. If payments are defaulted, Mike Wells Mastering reserves the right to discontinue any works-in-progress for Client until payment is made, Mike Wells Mastering will hold any and all work materials of Client until payment is made. Payment terms may be altered by Mike Wells Mastering in the event of payment default by Client. Approval of Work: One (1) reference copy of materials generated by Mike Wells Mastering for Client will be submitted to Client for approval. Sign off or requested changes are required by Mike Wells Mastering to generate the final media, and approval terms will be specified on a per-client basis in each Quote. Client may waive reference approval copy process. If the reference/approval process is waived, Client agrees to full acceptance and payment liability of final materials from Mike Wells Mastering and waives the right to refute the final materials once delivered to Client. Jurisdisction: Any and all legal pursuits by Client to Mike Wells Mastering will take place in San Francisco, California (USA). Intellectual Assets: Mike Wells Mastering remains the sole owner of any and all settings created and/or applied to Client materials during session (known as "Intellectual Assets"), and such materials will not be released to Client under any conditions. Intellectual Assets contain and are not limited to Processor settings & Processor work files generated, equipment configuration diagrams and usage, work/temporary files as generated during Client session. Indemnification: Client agrees to indemnify Mike Wells Mastering from any and all losses, claims, damages and other expenses, or attorney's fees, which Mike Wells Mastering may incur from a claim made against Mike Wells Mastering for violation of any of the following but not limited to patent, trademark or copyright infringement, slander, violation of privacy or right of publicity, violation of postal laws and regulations, or other reasons arising in connection with or relating to Mike Wells Mastering's production of work or the use, display, performance, reproduction, publishing , transportation, mailing or distribution of the work . Client agrees to defend Mike Wells Mastering at Client's expense any such actions or claims made against Mike Wells Mastering. Mike Wells Mastering reserves the right to refuse service to anyone. This writing is a binding contract between Client and Mike Wells Mastering. All policies and terms are held in full effect. Last updated 01/2007