Terms of service

By placing a booking in person, by phone or via the internet you are agreeing unconditionally to abide by RandyBillDuck, LLC. terms and conditions as detailed below:

The following terminology applies to these Terms & Conditions any or all Agreements: “Client”, “You” and “Your” refers to you, the person or company booking the studio and accepting RandyBillDuck, LLC. Terms & Conditions. “Ourselves", "We”, " the studio" and “Us”, refers to RandyBillDuck, LLC.. “Party” or “Parties” refers to both the Client and Ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings, by phone or any other means, for the expressed purpose of meeting the Client’s needs in respect of provision of RandyBillDuck, LLC. stated services. This is in accordance with and subject to prevailing Irish Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.


Disclaimer Exclusions and Limitations
We exclude all liability for damages arising out of or in connection with your use of this website or server. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

RandyBillDuck, LLC. reserves the right to refuse recording services to anyone.


Payment
Cash, Venmo, PayPal, are all acceptable methods of payment. Our Terms are 50% of accepted quote before commencement of work, or before confirmation of a particular booking date. The balance and any additional cost incurred are due on a daily basis before the commencement of each session. Bookings are charged by the hour or by the day. The client agrees to pay all costs and expenses including legal fees incurred by the studios in connection with the collection of amounts owing to the studio. We retain the right to hold material and all goods remain the property of RandyBillDuck, LLC. until paid for in full.

Gift Vouchers: Vouchers are valid for 1 year. No refunds are given on purchased vouchers.

The Client agrees that the Studios offers no forms of return or money back policies. This is due to the nature of recorded digital media and the ease of duplication.


Cancellation Policy
The Client acknowledges that the deposit is not refundable under any circumstances apart from if the Client wishes to cancel the session no later than one Month (30 days) prior to recording. Notification of cancellation for instance, in person, via email, mobile phone, “text message” and/or fax, or any other means will be accepted subject to confirmation in writing.

Use of facilities
RandyBillDuck, LLC is a private studio and entrance is by prior appointment only.
Our facility consists solely of a live room, control room, lounge, toilet and entrance area. On-street parking is available, but we do not accept any responsibility for vehicle theft or theft of personal belongings while using our facilities.

The client is responsible for ensuring the suitability of RandyBillDuck, LLC. for the Client's purpose. Smoking, alcohol and drug use are strictly forbidden. Clients are responsible for any 3rd parties brought to the studio whether to partake in the sound recordings or not.

Every effort will be made by ourselves to complete the Clients work on time and to a standard acceptable to the Client, however we do not accept liability for, and will not be liable for damages where projects run over a scheduled time.

We will always strive to ensure that all equipment will be in working condition. Should time be lost due to equipment failure, we agree to extend the session time equal to the time lost due to equipment failure. We shall have no further liability in connection with such defective equipment. Any damage incurred to equipment or the facility caused by client, accidental or willful, shall be charged to client at replacement value. Any miscellaneous charges incurred by the Studios after the completion of clients sessions shall be billed.

Please note there are rental charges for everything contained in the facility. An additional charge will be added for the rental of drums, because of the expected wear on drum heads and possible damage to cymbals, a fee of $65/per session shall be charged. Any outside rental of equipment shall be at the sole discretion and responsibility of the client.

Booking the studios implies the use of our facilities accompanied by an in-house engineer. Producer fees and contracts are completely separate from RandyBillDuck, LLC.. The producers we refer our clients to are self-employed and as such we act as an agency, referring the client to the producer.

The Client hereby warrants, undertakes and agrees that it shall procure that each of the Client's Personnel shall abide by the Studio's rules, regulations and health and safety procedures and that it shall be responsible for the actions of the Client's Personnel upon RandyBillDuck, LLC. premises and for any and all injury, loss or damage to any person's equipment or premises caused by any act or omission of the Client's Personnel, or as a result of any defect in or inappropriate specification of the Client's Equipment or the Client's Own Media.

Notwithstanding any other provision contained within this Agreement RandyBillDuck, LLC. shall not be liable to the Client or the Client's Personnel for any indirect or consequential loss or damage or economic loss including without limitation any loss of profits or goodwill or anticipated savings arising from any fault in the Studio or any act or omission of ourselves in respect of this Agreement.

Clients Liability for Infringements
The Client hereby agrees that RandyBillDuck, LLC. shall not be liable for any injury, loss, damage, costs and/or expenses suffered by the Client arising from:
The Client's making, use or exploitation of the Recordings
Any copyright issues with the Clients Recorded Material, including anything that constitutes a breach or infringement of any copyright or which shall be in any way illegal. The Client will indemnify RandyBillDuck, LLC. against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the studio in reference to any such claim. The indemnity shall extend to any amount paid on legal advice in respect of any such claim.


Clients Material
Materials stored on the premises are done so at the customers own risk. Materials left unpaid for 6 months after completion of last booked session become sole property of RandyBillDuck, LLC..

RandyBillDuck, LLC. is not obligated to and generally does not keep hard or soft back-up copies of the Master Recordings, session files or any other data or audio recording related to the Master Recording after full payment has been received.

RandyBillDuck, LLC. warrants that it will take every precaution for the safety of clients' materials and or equipment in production or storage, however we assume no risks and makes no guarantees unless such loss or damage is caused by the willful negligence of RandyBillDuck, LLC., or any of its employees acting within the scope of their authority. We assume no risks and make no guarantees concerning the content of materials prepared for clients or delivery schedules, arrival times or air-dates of materials prepared for clients. All risks for content and delivery are assumed by and are solely those of the client.

Clients assume all risks associated with storing, on or off the premises of RandyBillDuck, LLC., or RandyBillDuck, LLC. use of, any and all sound recordings, video recordings, digital data in any storage format including but not limited to audio, video, smpte, midi, or other file types, or equipment of any kind or nature and shall hold RandyBillDuck, LLC. harmless from any and all damage that might occur to said articles for any reason. RandyBillDuck, LLC., holds no responsibility for the loss/damage of data during transfers, downloads, uploading of material to and from any mechanical device including hard drives and media storage devices.

It is a condition of this Agreement that all Client's Recordings shall have been copied by the Client before delivery to us, and that RandyBillDuck, LLC. liability for loss of or damage to a Client's Recording shall be limited to the value of the media on which it is recorded.
 

Termination of Agreements and Refunds Policy
We have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. In the rare instances that we must cancel a booking, the client will either get a rescheduled booking or a refund of any deposits paid.

Data protection, Website, Photograph and video.
Redistribution or republication of any part of this website or its content is prohibited. You may not create a link to any page of this website without our prior written consent. No unauthorized photographs or video footage is permitted.
Any personal data provided to us will not be shared with third parties. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Sound Levels
The Client hereby acknowledges that the Noise at Work Regulations 1989 have established that prolonged exposure to high noise levels above 85 dB(A) may cause damage to hearing and that both the studios and the studio users are required by law to keep exposures as low as reasonably practicable) and that accordingly:

• The Client shall be responsible for noise levels within the Studio,
• High noise levels shall not be sustained for long periods,
• RandyBillDuck hereby reserves the right to take such action as it may deem appropriate to maintain tolerable noise levels and that no claim shall lie against us in respect of inconvenience or time lost in the event of such action.

Copyright Notice
All brands, trademarks, music, sounds, recordings, images, tutorials and articles featured in this website are the property of their respective owners and additional copyrights may apply.

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any agreement contained herein.

Post production warranty
The client shall promptly notify us of any defect in or loss of or damage to the Master Recording of which it is made aware. We shall use our reasonable endeavors to correct any such defect and to effect replacement of such lost or damaged materials so notified to it or of which it is aware and which are attributable to faulty materials or workmanship or the negligence of RandyBillDuck, LLC..

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he, she or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General
RandyBillDuck, LLC. makes no warranties either express or implied other than those contained herein. Irish law governs these terms and conditions. By booking RandyBillDuck, LLC. you consent to these terms and conditions and to the exclusive jurisdiction of the Irish courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. These Terms and Conditions, the rates and the equipment may be amended, modified, varied or supplemented at any time as we see fit. Changes can be applied without display of written or verbal notice.

These terms & conditions form part of the Agreement between the Client and ourselves. By placing a booking indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms & Conditions contained herein. Your statutory Consumer Rights are unaffected.

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