Terms & Conditions

Terms & Conditions – (Last Updated February 2020)

1.0 – Booking Confirmation 

1.1 A booking is considered confirmed when ELEV8 Production Studio “Booking Confirmation” is sent by ELEV8 Production Studio.
1.2 Invoices will be issued once a technical brief has been completed. Payment is required in full to secure a single day booking date and time, you will be notified of the charges.
1.3 Multiple day sessions require a 50% deposit to secure your dates, with the remaining balance due before the commencement of the last day session.
1.4 ELEV8 will retain all files and content from the session until the balance has been settled.

2.0 – Cancellation or Postponement of Confirmed Studio Booking
2.1 Cancellations or postponement providing more than 14 days attracts a 25% fee. Credit will be provided on the balance redeemable within 90 days from the date of the invoice. 
2.2 A 50% cancellation or postponement fee applies from 14 days up to 48 hours prior to cancellation/postponement of your scheduled session.
2.3 A 100% fee applies if a session is cancelled/postponed within 48 hours of the booking.

3.0 – Cleaning & Damages
3.1 ELEV8 Production Studio retains the right to charge the Client a cleaning and damage fees in the event that there is any damage to the studio, equipment, infrastructure, or facility, which includes but is not limited to spills, water damage, mistreatment of equipment and accidental damage.
3.2 This charge also pertains to smoking of any kind, as this is prohibited throughout the entirety of the facility.

4.0 – Goods and Service Tax
4.1 All prices quoted are exclusive of Goods and Services Tax unless otherwise stated.
4.2 Prices are subject to addition of Goods and Services Tax and any other tax or charge imposed by any Government agency on goods or services quoted or on production, sale, distribution, delivery or on any feature of such goods and services if applicable.
4.3 All such taxes are payable by the Client and will be added to the price by ELEV8 Production Studio.

5.0 – Payment Terms
5.1 Unless prior credit arrangements have been approved in writing by ELEV8 Production Studio, payment is required in full to secure your recording date.
5.2 All materials, USB, SDXC, discs, and computer files/drives created at ELEV8 Production Studio remain the property of ELEV8 Podcast Studio until payment is received in full.
5.3 The Client will be liable for any fees, costs and expenses incurred by ELEV8 Production Studio for any debt collection process.
5.4 Where credit terms have been agreed, payment is strictly 7 days from the date of invoice.
5.5 If ELEV8 Production Studio’s invoice is not paid within 7 days of receipt of invoice, ELEV8 Production Studio may charge the Client interest on any unpaid amount at the prevailing Reserve Bank of Australia cash rate plus 3% and recover any costs incurred in recovering unpaid amounts (including legal costs) on an indemnity basis.

6.0 – Refund Policy
6.1 Unless there is a technical fault with the recordings or an error occured that was within our resonable control , ELEV8 Production Studio does not offer refunds.
6.2 Outsourced services are subject to availability as at the time of booking. Service interruptions or out of stock supply may result in a substitute product. Refunds will not issued.

7.0 – Express Mastering & Render Delivery
7.1 Once express rendering is complete and payment has been received in full, an express rendered copy will be delivered as a digital file to the provided client email address within 72 business hours, unless otherwise agreed in writting. 
7.2 If delivered by post or courier, the client is responsible for these charges.
7.3 Delivery services such as, Australia Post and couriers are subject to additional delivery times.
7.4 Video product delivery is an additional 3-5 business days.

8.0 – General Terms of Use
8.1 Express Render: ELEV8’s custom made audio processing chain (Equalization, DeNoise, Multiband Compression, and Limiting) that is applied to every recording for basic audio cleanup.
8.2 Raw Media: Refers to Audio (WAV, MP3) or Video (.MOV, .MP4) media that has been exported directly from the recording source and does not include any editing or processing.
8.3 Release Ready: Files delivered that have undergone Express Rendering and Basic Editing (Audio Only) and meet industry standard sound levels (-16 LUFS for Stereo Files, -19 LUFS for Mono Files). Third party media assets such as stock music, sponsorship spots, intros/ outros, and bumpers are not included.
8.4 Basic Editing (Audio Only): Applies to all production packages. This Involves the removal of obvious mistakes and/or errors, editing marked retakes, and trimming of start and end points. 
8.5 Creative Editing (Audio & Video): Refers to all post production editing for both audio and video media beyond basic editing requirements. Edits are performed as per approved client creative brief.
8.6 Media Storage: ELEV8 will take every precaution to maintain a backup for 6 months from the date of recording. Note that retrevial of these backups will attract additional fees.
8.7 Equipment Hire: Every individual session attracts an equipment hire charge, this charge is per session and includes equipment rental and does not include operators. 
8.8 Livestreaming: Includes audio & video streaming using Blackmagic ATEM Mini Pro built in streaming device as well as OBS Restream Studio as a backup. ELEV8 will make every effort to ensure an uninterrupted stream however can not take on liability for disruptions beyond our reasonable control. 
8.9 Live Switching – Includes live editing of audio & video switching. Additional charges apply for a copy of raw Sony PWX-X70 Professional Camcorder Footage, Media Transfer & Storage Devices.

9.0 – Workplace Health & Safety

9.1 Clients and their representatives located on ELEV8 Production Studio premises must comply with ELEV8 Production Studio’s workplace health and safety guidelines.
9.2 ELEV8 Production Studio reserves its rights to refuse use of any Client or Client representative’s equipment (including software) on ELEV8 Production Studio’s premises if, in ELEV8 Production Studio opinion, such equipment exposes ELEV8 Production Studio’s property to risk of loss or damage, is unsafe or breaches the Health and Safety Act 2011 including failure to comply with Electrical Safety Standards AS/NZS 3760:2003.

10.0 – Damage and loss
10.1 The Client indemnifies ELEV8 Production Studio and its employees against all and any losses, damages or claims by third parties howsoever arising in respect of any loss or damage to any property including USB, SDXC, disks and media, corruption of data or computer systems and software, breach of intellectual property rights, personal injury or death, breach of contract or breach of law caused by an act or omission of the Client or its representatives.
10.2 The Client is liable for all and any losses, damages or claims in respect to any of ELEV8 Production Studio property including USB, SDXC, disks and media, corruption of data or computer systems and software, breach of ELEV8 Production Studio intellectual property rights, personal injury, breach of contract or breach of law caused by an act or omission of the Client or its representatives.
10.3 To the extent permitted by law, ELEV8 Production Studio is not liable for any losses, damages or claims arising out of or in connection with this contract, the use of ELEV8 Production Studio’s premises or equipment (including software) by the Client or its representatives, the provision of services or advice by ELEV8 Production Studio or its employees, including but not limited to breakdowns or defects in equipment, facilities, and materials provided by ELEV8 Production Studio or any default on the part of ELEV8 Production Studio or its employees in connection with or during the carrying out of any work by ELEV8 Production Studio or its employees.
10.4 Whilst every effort is made to ensure reasonable security, ELEV8 Production Studio accepts no liability for loss, theft or damage to Client property, USB, SDXC or recording/backup media whilst on our premises. In the case of transfers from old medium (eg; analog tapes, old tape or old digital formats) to new, ELEV8 Production Studio makes no guarantee of success. All care but no responsibility will be taken during the process of transfer. ELEV8 Production Studio equipment and specifications are subject to change without notice.

11.0 – Privacy and Personal Data Policy 
ELEV8 Production Studio Pty Ltd (“ELEV8”, “our”, “we” or “us”) takes its responsibilities under Privacy and Personal Information Protection Act 1998 No 133 seriously.

We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data, and we are committed to protect the privacy of your personal data.

Please read this policy to understand what personal data is collected or processed by us, and for what purposes it is used for. To read our full privacy and personal data policy click here; 

12.0 Copyright Policy – (Australia Only)
The Australian Copyright Act allows certain uses of content on the internet without the copyright owner’s permission. ELEV8 forfeights all liability with respect to copyright and encourages clients obtain independant advice prior to the use of any 3rd party content.
12.2 The publishing of content owned by an artist or record label may require independant release agreements to be entered into prior to distribution.

13.0 Licensing (Australia Only)
13.1 APRA AMCOS (Australian Prudential Regulation Authority)
  ELEV8 forfeights all liabilty with respect to licensing and encourages clients to contact APRA AMCOS directly.

APRA AMCOS is an Austalian music rights organisation representing songwriters, composers and music publishers. APRA AMCOS license organisations to play, perform, copy, record or make available artists music, and distribute the royalties to artists. For more information head to https://apraamcos.com.au/  

Note: copyright and licensing are not the same thing, you may have a licese to distribute content but not have the right to distribute copyrighted content without having sought approval from the artist or record label directly.