ACCEPTANCE OF TERMS

These terms and conditions constitute a part of the contract between Steven Berson dba Total Sonic Media and Customer. Different or additional terms and conditions which may be included in Customer’s purchase order or other acceptance of this quotation are hereby rejected unless approved in writing by Total Sonic Media.

RISK OF LOSS

All risk of damage or loss to the work at any time after arrival F.O.B. Cedar Park, Texas is assumed by Customer, and such damage or loss shall not in any way release Customer from any of its obligations hereunder. Customer agrees that Total Sonic Media shall not be liable for any special, incidental or consequential damages, including without limitation lost income or profits, resulting from damage or destruction to the work prior to delivery at the F.O.B. point specified herein.

INTELLECTUAL PROPERTY RIGHTS

PROTECTION

Customer represents, warrants, and agrees that: Each recording provided to Total Sonic Media under this license shall be free of all liens and encumbrances. Customer is the owner or holder of all rights in respect of the recordings and related materials submitted for mastering. Nothing contained on the recordings, or in any related materials or artwork provided to Total Sonic Media, shall violate any proprietary rights of any person, including without limitation, trademarks or copyright. The Customer is solely responsible for all monies payable to or on behalf of all parties rendering any services in connection with the master recordings.

PAYMENT TERMS

Unless otherwise established with customer in advance of placing the order and fully approved by Total Sonic Media, all orders require a 60% deposit with order. Unless arrangements for other terms are approved in advance by TSM in writing, any balance due must be paid in full at the end of any attended studio session, and/or prior to the release or posting of any master/session files, tapes, drives or discs If final payment is made by check, product can not be released until check has cleared. 2% late payment charge will be added per month in case of delinquent payment. All fee's and costs in connection with collection of over due payments are customers responsibility.

RETURNED CHECKS

A charge of $40.00 will be applied to your invoice or balance for every check returned by the bank for non-payment.

DELINQUENT ACCOUNTS

If your account becomes delinquent all orders will be placed on hold until payment in full is received. Delinquent accounts are reviewed and credit privileges may be decreased or revoked from those who repeatedly extend their payment beyond our terms. We reserve the right to accept or deny credit.

CANCELLATIONS

In the event of cancellation of the order by the Customer at any point, the Customer agrees to pay for all work, including any intermediary processes, completed to the date of cancellation. Attended sessions that are cancelled without a 24 hour notice are subject to an $80 cancellation fee.

MATERIALS

Total Sonic Media is not responsible for lost or damaged media, tapes, discs, records, flash drives, hard drives or other related items. Please make back-up copies before submission.

DELIVERY TIMES

Unless otherwise confirmed in writing by Total Sonic Media, it is understood that all turn times and completion dates for the order are estimated and are subject to change, and that Total Sonic Media can not be held liable in any way for any delays. Delivery times are estimates, and time is not of the essence.

QUOTATIONS

Special quotations are valid for 30 days. We reserve the right to alter quotes if the order is submitted with different requirements than what has been specified as applicable in the quotation. All prices are quoted subject to purchaser assuming all taxes and charges of any nature imposed by any local, state or federal governmental authority, which shall become payable by reason of the sale or delivery of all products.

REVISIONS

Our full revision policy is detailed at https://totalsonic.net/revisions.htm

PRICING

All prices are subject to change without notices.

DIGITAL FILE DELIVERY

Upon request from Customer, Customer materials may be made accessible to Total Sonic Media or Customer on Total Sonic Media’s webserver, Hightail server, DropBox server, and/or password protected FTP site. Total Sonic Media is not responsible for any unauthorized use or access to said sites or materials. Total Sonic Media will make delivery of final digital master files available for download by the Customer for at least 30 days after the final order is completed. It is Customer’s responsiblity to download and make backups of these files within that time period, as they may become unavailable after that date. While Total Sonic Media attempts to retain a single copy of every order we work on as a convenience to our Customers, we are NOT an archival service, and may not be able to access these files beyond 30 days after an order is completed, and can not be held liable if files are no longer accessible 30 days after order completion.

ENFORCEMENT

In the event Total Sonic Media takes any action to enforce the terms of this Agreement and/or collect payment, Customer hereby agrees to pay all costs incurred in connection therewith, including, without limitation, all reasonable attorneys’ fees, expenses, and court costs incurred by Total Sonic Media in its sole discretion. Customer further agrees that exclusive jurisdiction and venue for any claim arising out of or under the terms of this Agreement shall be in a State court of competent jurisdiction in Williamson County, Texas, USA, and Customer hereby submits to the jurisdiction and venue of such court.