Terms and Conditions
b. This agreement shall only be accepted and binding on True Balance Mixing & Mastering once:
i) the client has completed online purchase and True Balance Mixing & Mastering has received cleared payment
ii) the client has supplied True Balance Mixing & Mastering with all the audio material and written information necessary to begin the session
iii) and until otherwise agreed upon in writing by True Balance Mixing & Mastering, these conditions apply to products and services supplied to the client.
c. It is a condition of this agreement that all client's Recordings have been copied (backed up) by the client before delivery to True Balance Mixing & Mastering, and that True Balance Mixing & Mastering is not liable for any loss or damages in regards to clients recordings related to working on projects.
d. True Balance Mixing & Mastering is not liable for any loss or damages in regards to client data while working on projects.
e. You affirm that you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to these terms.
f. You agree that you are not a resident of (or will use these Services in) a country that the U.S. government has embargoed for use of these Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations.;
g. You agree that your country of residence and/or your company’s country of incorporation is the same as the country specified in the billing address you use for payment.
2. Description of Mixing & Mastering Services
a. True Balance Mixing & Mastering (hereafter referred to as TBMM) service allows you to have your songs mixed by a professional Mixing & Mastering Engineer and obtain downloads of the mixed & mastered songs. To access this Service, you will need to first pay in full using a credit card through PayPal as invoiced by TBMM, or through SoundBetter.com.
b. You Agree to prepare your files according to the guidelines in the TBMM website FAQ sections “How do I prepare my recordings for Mixing?” or “How do I prepare my mix for Mastering?” as appropriate and upload them using links sent to you by TBMM, or via the SoundBetter.com workroom within 15 days of your payment or TBMM may not be able to provide timely delivery of the finished product(s).
c. Upon payment TBMM will send you a link and instructions for uploading your files. Upon completion of the mixing or mastering work TBMM will send you a link and instructions for downloading your files.
d. Turnaround time is contingent on the amount of projects currently being worked at TBMM. Delivery dates are estimates are not a guarantee, but in most cases TBMM will deliver within by the agreed number of delivery days from the day you upload the your files. TBMM will inform you of any delays or updates to the delivery date.
a. Good communication is the key to getting the results you expect. You agree to make any specific requests in writing via the Job Request Form on the TBMM website if working direct, or through the SoundBetter.com messaging system in that site’s workroom if using SoundBetter for your job. This material will be used as guidance by the engineer when developing your products.
b. If after hearing the Preview version of the mix or master you have additional requests, these requests will be considered Revisions as long as they are within the scope if the initial job. If they involve new work, e.g., editing, re-mixing, or adding new recordings, the requests may expand the scope of the initial job and require an additional fee.
c. The client acknowledges that, in connection with our work on this matter, we may correspond or convey documentation via Internet e-mail or messaging and that neither the client nor TBMM has control over the performance, reliability, availability, or security of Internet performance.
a. TBMM will provide up to five free revisions per Service (Editing, Mixing, Mastering), after which they will cost $25 per revision. However, TBMM will do unlimited revisions on any package deal. Package deals involve hiring TBMM to do more than one Service such as 1) Editing & Mixing; 2) Editing, Mixing, & Mastering; or 3) Mixing & Mastering.
b. Revisions are minor adjustments to what was contained in the original job request.
c. Turnaround time for Revisions is usually five business days or less, depending on workload.
5. Recordings and Materials
a. TBMM will not return client-provided materials to the client once the session is complete. All final edited files, mixes, and masters will be delivered to the client via suitable online transfer methods.
b. The ownership of all audio or other material the client uploads to this site is retained by the client. While TBMM will takes such steps as they feel appropriate to protect the clients audio or other materials, TBMM cannot guarantee the same. For the avoidance of doubt TBMM hereby excludes all losses, damages, costs, expenses or such other liabilities relating to any loss or unauthorized access of the client’s audio and/or materials.
c. TBMM claims no ownership of your music which you submit for editing, mixing, or mastering services. You the client/owner and, as appropriate, retain all intellectual property rights to the content you submit. We do not acquire ownership to any user content. We respect the intellectual property of others and take the protection of copyrights and all other intellectual property very seriously, and we ask our clients to do the same.
d. The client warrants that nothing whatever shall be included in the Recording which constitutes a breach of infringement of any copyright or which shall be in anyway illegal, scandalous, obscene or libelous and the client will indemnify TBMM against any liability in respect thereof and shall pay all costs and expenses which may be incurred by TBMM in reference to any such claim.
e. TBMM shall not be required to reproduce any matter, which in its opinion is or may be of an illegal, scandalous, obscene or libelous nature.
f. TBMM reserves the right to decline to mix/master any material that they deem to be of insufficient technical quality.
6. Refunds & Cancelations
a. TBMM does not offer refunds on any of its Editing, Mixing, or Mastering Services. However, TBMM will make every effort to provide its customers with products that meet their satisfaction.
b. A client may cancel a job at any time without refund of payment already made.
c. Job Request offers and/or jobs with deliverables provided to the customer which have not been accepted or approved within 30 days will be canceled by TBMM.
7. Rate Changes
a. TBMM service rates, prices, and discounts are subject to change at any time, as published at https://www.truebalancemixing.com/
8. Online Facility
a. TBMM grants you limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TBMM. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website 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.
b. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of TBMM
c. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TBMM without express written consent. You may not use any meta tags or any other "hidden text" utilizing the TBMM name or trademark without the express written consent of TBMM. Any unauthorized use terminates the permission or license granted by TBMM.
d. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page of truebalancemixing.com as long as the link does not portray TBMM or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TBMM logo or other proprietary graphic or trademark as part of the link without the express written consent of TBMM.
e. You agree that you shall not:
i. collect, upload, phish or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law;
ii. upload, insert, collect or otherwise make available within the TBMM website or services (or any part thereof), any malicious, unlawful, defamatory or obscene content;
iii. publish and/or make any use of TBMM content on any website, media, network or system;
iv. use any automatic device, program, script, robot, spider, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of TBMM site (or its data and/or content), or in any way reproduce or circumvent the navigational structure or presentation of any of TBMM to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through TBMM in writing;
v. act in a manner which might be perceived as damaging to TBMM’s reputation and goodwill or which may bring TBMM into disrepute or harm;
vi. purchase search engine or other pay per click keywords, or domain names that use Total Balance Mixing & Mastering and/or variations and misspellings thereof;
vii. impersonate any person or entity or provide false information on the TBMM site, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to TBMM;
viii. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that TBMM or any third party endorses you, your business, your products, or any statement you make;
ix. trace, reverse look-up, or try to trace another client of TBMM Services, or otherwise interfere with or violate any other client’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the TBMM site without their express and informed consent;
x. scan, probe, or test the vulnerability of the TBMM site or any network connected to it;
xi. upload to the TBMM site or otherwise use it to distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
xii. take any action that interferes with or disrupt the operation of any of the TBMM site Services, or the servers or networks that host them or make them available;
xiii. use any of the TBMM site in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
f. You acknowledge and agree that your failure to abide by any of the foregoing or any associated misrepresentation made by you may result in the immediate cancelation of your job request – with or without further notice to you, and without any refund of amounts paid for any such job(s).
g. TBMM reserves the right to terminate the client’s access to the site or to update any or all of the site content at any time.
h. This website is operated in the USA. If you are located in the EU, Canada or elsewhere outside of the USA please know that any information you provide will be collected in or transferred to the United States. By using the website and/or providing us with your information, you consent to this transfer.
9. Force Majeure
a. TBMM shall not bear the responsibility of obligations if non-fulfillment is caused by Force Majeure (Acts of God - such as an earthquake or fire). The liability of obligation shall/may be postponed until the Force Majeure or the resulting effects are eliminated.
10. Updates to these Terms
a. TBMM may update these Terms and Conditions at any time. This document was last updated on March 10, 2018