§ 1. Introductory Provisions
1. The Regulations of the provision of Service on the Master Sonido Mastering Online website (hereinafter referred to as: the Regulations) have been created under the Act of 18 July 2002 on electronic services (Law Gazette No. 144, item 1204, as amended) by MASTER SONIDO Dawid Tyburski, based in Gdynia.
2. The provider of electronic services, as described in the Regulations, is the MASTER SONIDO David Tyburski company, based in Gdynia, with its registered office under the address: Kartuska 67/58 , 81002 Gdynia , Tax ID: 958-141-99-22 , Company ID: 221918155 , hereinafter referred to as: Master Sonido.
3. The entity that uses the services provided by electronic means on the basis of these Regulations may be a physical person, legal person or an organizational unit without legal personality, hereinafter referred to as the Client.
4. At the conclusion of the Agreement, Master Sonido shall provide the Client with the following Regulations, a copy of which is also available at the registered office of Master Sonido, as indicated in § 1.2, as well as on the website www.masersonido.pl. The Client is required to refer to the Regulations before using the Service . By purchasing the Service, the Client agrees to comply with terms and conditions set out in the Regulations.
§ 2. Subject of service provided by electronic means
1. Master Sonido provides services in the scope of editing audio material, in particular mastering, stem mastering and mix, which are all electronic services as defined in the Act referred to in §1 .1 of the Regulations, hereinafter referred to collectively as: the Service.
2. The Service of Mastering shall be provided only for complete, fully finished music pieces, uploaded in WAV or AIFF / 24bit/44.1kHz as a single stereo file, or stemmed files in the case of stem mastering.
3. The Service of Mix shall be provided only for complete, fully finished music pieces, uploaded in WAV or AIFF / 24bit/44.1kHz as a multi-track.
§ 3. Copyright
1. The Client shall declare that transmitted sound material does not violate the provisions of the Act of February 4, 1994 on Copyright and Related Rights (consolidated text of May 17, 2006, Law Gazette No. 90, item 631, as amended).
2. Master Sonido shall guarantee not to disclose thus obtained sound material to third parties, and use it only for purposes related to the Service offered.
§ 4. General rules on access to the Service
1. Use of the Service shall occur via the Master Sonido website: www.mastersonido.pl
2 Access to the Service shall occur after completion of the following procedure:
a) complete the order form;
b ) send the file/files using the www.dropbox.com server (available on the website);
c ) pay for the service;
d ) receive the finished material (finished material , including DDP files and the Red Book is delivered to the Client electronically via the link to the file on the www.dropbox.com server)
3. Conclusion of the Agreement for the provision of the Service by Master Sonido shall occur on the basis of a fully completed order form found on the www.mastersonido.pl website.
4. Upon fulfillment of the order form, the Client shall receive the order confirmation via e-mail address specified during making an order.
5. The Client shall be entitled to one free music piece adjustment after editing as part of the Service. For every additional adjustment, the Client shall be charged 20 PLN / 5 EUR / 7 USD / 4 GBP.
§ 5. Technical requirements for the use of the Service
In order to use the Service and the Master Sonido Online Mastering website, the Client is required to have:
1) Access to the Internet,
2) Properly configured and active individual e-mail account
3) Properly configured web browser.
§ 6. Service prices
1. Master Sonido shall guarantee to provide the Service in accordance with the rates specified in the section "Prices" on the www.mastersonido.pl website.
2. The Client shall be able to make a payment via PayPal using the e-mail address provided along with the completed service (T&C on the www.PayPal.pl) or traditional bank transfer.
3. Upon approval of the sample audio material sent by Master Sonido, and the payment order via PayPal, the Client shall electronically receive a link to the www.dropbox.com server where they will be able to download the finished, edited material. When bank transfer is the chosen method of payment, the traditional link to the server will be sent to the Client after receipt of the amount due on the bank account (up to 5 working days).
§ 7. Guarantee of access to the Service and update of website content
1. Master Sonido shall guarantee to provide the Service under the terms of the Regulations, and at the time specified in the section "Prices" on the www.mastersonido.pl website every day of the week, excluding Saturdays and public holidays as referred to in Art. 1 of the Act of 18 January 1951 on days off from work (Law Gazette of 1951 No. 4 item 28, as amended), except:
1 ) periods resulting from the restrictions on access imposed by network operators used by the Client,
2 ) periods of failure , resulting from actions/omissions of third parties , for which Master Sonido is not responsible (e.g. power outage)
3 ) periods of hardware and software maintenance, not more than a total of 12 hours per month.
2. Master Sonido does not assume any liability for non-performance or improper performance of obligations under these Regulations if the non-performance or improper performance of obligations is due to circumstances beyond the control of the company, despite the exercise of due diligence (force majeure). In this case, the Service provision shall be suspended for a period equivalent to the period of the occurrence of force majeure.
§ 8. Complaints
1 The Client shall have the right to submit complaints related to the service provided by Master Sonido.
2. Complaints can be submitted:
1) electronically to the Sonido Master e-mail address: info@mastersonido.pl or any other e-mail address indicated on the www.mastersonido.pl website 24/7; or
2) in writing to the address of the Service Provider: Kartuska 67/58, 81002 Gdynia, Poland
3. The subject of the complaint may be provision of the Service by Master Sonido inconsistent with the terms and conditions set out in the Regulations.
4. Excluded from the scope of the complaint are faults, defects and anomalies associated with the provision of the Service, being the result of:
1) errors or mistakes made by the Client;
2) the malfunction of the web browser or telecommunication links;
3) the activities of third parties, for whose actions the Master Sonido does not assume liability.
5. The complaint shall include personal data of the Client and a brief description of the claims and comments.
6. The complaint shall be dealt with within 14 days, unless data or other information stated in the complaint need to be complemented. In this case, Master Sonido shall contact the Client asking for complementing the complaint; the deadline for the complaint investigation shall be counted from the date of receipt of the appropriate complements from the Client.
7. In the case of inability to consider the complaint within the period specified in Par. 6., Master Sonido shall inform the Client about the reason of extension of the deadline and an estimated time of complaint consideration.
§ 9. Protection of personal data
1. Prior to sending personal data for the purpose of concluding an agreement on the provision of the Service, the Client shall express a prominent statement that they agree to the processing (including placement) of their personal data in the Master Sonido database by checking the appropriate box during the process of filling out the order form.
2. Master Sonido shall guarantee that personal data referred to in Par. 1, will be processed solely for the purposes of the Service provided, and for the marketing purposes of Sonido Master in the manner specified in the Act referred to in § 1.1 of the Regulations, and will not be shared with third parties.
3. The administration of the Client’s personal data is Master Sonido.
4. Where necessary, and under the conditions specified by generally applicable laws, the Client shall have the right to request complements, updates, rectification of personal data, its temporary or permanent suspension or deletion should they be incomplete, outdated, untrue or collected in violation of the law, or if they are no longer required for the purpose for which they have been collected; the Client also has the right to lodge a written request to cease the processing of their personal data.
§ 10. VAT invoices
1. In order to obtain VAT invoice for the use of the Service, the Client thus using the Service via a subscription system, shall indicate in the order form that they wish to be issued VAT invoice, providing the necessary data.
2. The invoice shall be issued in accordance with the applicable provisions of law.
3. The Client shall be obligated to make payments for the Service in the amount and dates specified in the Agreement.
4. In case of delay in payment resulting from the execution of the agreement for access to the Service, Master Sonido shall have the right to charge the Client, benefiting from access to the Service via a subscription system, interest at the statutory rate.
§ 11. Withdrawal / Termination of the Agreement
1. The Client, who is a consumer, may, in accordance with the Act of 2 March 2000 on the protection of consumer rights and liability for damage caused by hazardous products, when concluding a distance agreement, withdraw from such agreement within 10 days without stating a reason, submitting a written statement, provided, however, that they have not yet benefited from the use of the Service. The commencement of the Service shall be considered the moment of payment by the Client of the amount corresponding to the Service ordered on the Master Sonido Online website.
2. In the event of a breach of the Regulations by the Client, and/or copyright, Sonido Master shall have the right to terminate the provision of the Service, without prior notice, effective immediately. Termination of the Agreement shall become effective upon the deposition of a relevant written statement submitted by the Client.
3. Termination of the Agreement shall not limit the rights of Master Sonido to seek appropriate compensation and/or claims related to the infringement of copyright.
§ 12. Amendment in the Regulations
1. Master Sonido may, during the term of the agreement, issue new rules of provision of services or make changes to the content of rules or regulations for specific services, in the event of:
1 ) changes in the law or issue of new rulings which affect or may affect the rights and obligations of the parties as specified in the content of the Agreement; or those which affect or may affect the provision of services, or regulations and rulings imposing certain obligations or providing specific rights to the parties with regard to the Agreement or other tax laws; or those which impose new taxes , fees or change the way of their fulfillment – introduced by competent authorities;
2 ) modification of technical conditions of provision of services , including those related to technical or technological progress ;
3 ) caused by technological progress or decision of the authorities with regard to changes in the rules of communication on the Internet or changes in the organizational rules of the Internet;
4) force majeure;
5) changes in organizational structure or legal transformations of Master Sonido, including those where the effect is not legal succession.
2. In addition, Master Sonido reserves the right to amend the Regulations by extending the scope or withdrawing from providing certain services in the event of changes in the offer of the Service Provider.
3. Master Sonido shall notify the Client 14 days in advance of any changes or introduction of new regulations. The Client shall be informed of such changes via e-mail or by post, according to the Agreement details provided in the order form. In this case, the Regulations or changes in the Regulations shall come into force within 14 days of their introduction.
4. Change of the company name ‘Master Sonido’, as indicated in § 1.2 of the Regulations, shall not constitute a change in the Regulations, and shall not entail implementing a procedure provided for in Par. 3, above this paragraph.
§ 13. Final Provisions
1. The Client shall not, without prior written consent of Master Sonido, transfer the rights arising from this Agreement for the provision of electronic services to a third party.
2. Master Sonido reserves the right to make changes in the pricelist.
3. The Regulations shall come into force on the date of their publication on the website and from that day forth shall they be applicable to agreements concluded with Master Sonido.
4. Notwithstanding any other cases referred to in these Regulations, Master Sonido assumes no liability for:
1) damage caused by improper use of the Service by the Client;
2) problems with the functioning of the Service, should they occur as a result of events which Sonido Master, with due diligence, has not been able to foresee or which could not be prevented, in particular in the case of fortuitous events of force majeure;
3) use of the Service by the Client in breach of the provisions of these Regulations;
4) loss of data due to hardware failure, system or other circumstances beyond the control of Master Sonido.
5. In cases not regulated by these Regulations, the provisions of the Civil Code, the Law on Copyright and Related Rights Act, the law on the protection of consumer rights and liability for damage caused by hazardous products and, and the law on electronic services shall apply.
7. Any dispute arising from this Agreement shall be settled exclusively by the court competent with the registered office of Master Sonido.
8. These Regulations are available on the website: www.mastersonido.pl