Terms and Conditions
Last Updated: January 1, 2023
These Terms and Conditions ("Terms") govern your access to and use of the Hellcxase Recording Studio website and services. Please read these Terms carefully before using our services.
By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the website or use our services.
1. Agreement to Terms
By accessing our website at hellcxase.com, you are agreeing to be bound by these Terms and all applicable laws and regulations. You agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Booking" means a request to reserve studio time or services through the website or other communication channels.
- "Services" means the recording, mixing, mastering, and production services offered by Hellcxase Recording Studio.
- "Studio" means the physical recording facilities operated by Hellcxase Recording Studio.
- "User" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Studio Bookings and Services
4.1 Booking Process
Studio time and services can be booked through our website, by email, or by phone. All bookings are subject to availability and confirmation by Hellcxase Recording Studio.
4.2 Booking Confirmation
Your booking is not confirmed until:
- You have received a written confirmation from us
- Any required deposit has been paid (as specified in your booking details)
4.3 Rates and Payment
Our current rates are published on our website and are subject to change. The applicable rates will be those in effect at the time of booking confirmation. Payment terms are as follows:
- A 50% non-refundable deposit is required to secure most bookings
- The remaining balance is due on or before the session date
- For larger projects, custom payment schedules may be arranged
- All payments must be made in the currency specified in the booking confirmation
4.4 Cancellation and Rescheduling
Our cancellation and rescheduling policy is as follows:
- Cancellations made less than 48 hours before the scheduled session may result in forfeiture of the deposit
- Rescheduling requests must be made at least 24 hours in advance of the scheduled session
- Rescheduling is subject to availability
- In case of emergencies or exceptional circumstances, these policies may be adjusted at our discretion
4.5 Studio Rules
When using our Studio, you agree to:
- Arrive at the scheduled time
- Treat all equipment and facilities with care
- Follow the instructions of studio staff
- Not bring illegal substances or weapons onto the premises
- Not engage in illegal or harmful activities
5. Content and Intellectual Property
5.1 Ownership of Recordings
Unless otherwise agreed in writing:
- You retain ownership of the master recordings created during your session
- You are responsible for clearing all necessary rights for materials used in your recordings
- Hellcxase Recording Studio retains ownership of the multitrack session files
5.2 Studio Credit
We request that Hellcxase Recording Studio receives appropriate credit on all commercial releases recorded, mixed, or mastered at our facility, in a form substantially similar to: "Recorded/Mixed/Mastered at Hellcxase Recording Studio, France."
5.3 Portfolio Usage
Unless you expressly request otherwise in writing, you grant Hellcxase Recording Studio permission to:
- List your project in our client roster
- Use excerpts of completed works for promotional purposes
- Take photographs during sessions for social media and marketing uses
5.4 Website Content
All Content on our website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Hellcxase Recording Studio or its content suppliers and is protected by international copyright laws.
6. Limitation of Liability
6.1 Studio Equipment
While we maintain our equipment to high standards, we cannot guarantee that specific equipment will be available or functioning perfectly at all times. In case of equipment failure, we will make reasonable efforts to provide suitable alternatives.
6.2 Data Loss
We make reasonable efforts to back up all session data, but you are ultimately responsible for ensuring your work is properly backed up. We are not liable for any data loss due to technical failures, and we recommend that clients bring their own backup drives to sessions.
6.3 General Liability
To the fullest extent permitted by law:
- Hellcxase Recording Studio shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services
- Our total liability for any claims arising from these Terms shall not exceed the amounts paid by you for the services giving rise to the claim
- These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory
6.4 Force Majeure
We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
7. Indemnification
You agree to indemnify, defend, and hold harmless Hellcxase Recording Studio, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:
- Your use of the Studio or Services
- Your violation of these Terms
- Your violation of any rights of any other person or entity
- Any content or recordings you create using our services that infringe upon or violate third-party rights
8. Dispute Resolution
8.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
8.2 Arbitration
Any dispute arising from or relating to these Terms or our services shall be finally settled by arbitration in London, United Kingdom, using the English language in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS) then in effect, by one or more commercial arbitrators with substantial experience in resolving intellectual property and commercial contract disputes.
8.3 Exceptions
Nothing in this section will prevent either party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of the dispute as necessary to protect either party's intellectual property rights.
9. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically. Your continued use of our services following the posting of revised Terms means that you accept and agree to the changes.
For material changes, we will make reasonable efforts to provide notice, such as through a prominent notice on our website or by sending you an email.
10. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.