Have a question? Write to us!
info@online-musikproduktion.com
OUR OFFICE HOURS:
Mon–Thu: 09:00–17:00
Friday: 09:00–12:00
ProMusicianService acknowledges that all work carried out for the customer is commissioned work.
ProMusicianService grants the customer all rights of every kind in the results and proceeds of the services and performances provided under the agreement. This includes, without limitation, all rights in the performances, compositions and/or masters, including worldwide copyright and all renewals and extensions, for all purposes and uses, whether currently known or arising in the future. Accordingly, the customer shall hold the sole and exclusive rights in performances, compositions and/or masters containing work carried out by ProMusicianService on the customer's behalf.
If, for any reason, ProMusicianService is not considered the author of the performances, compositions and/or masters, ProMusicianService assigns to the customer all rights, title and interests in them worldwide.
ProMusicianService acknowledges that the customer and its subsidiaries, successors and licensees may use, reproduce, record, re-record, adapt, edit, remove from, add to or combine the work with other works; translate, print, publish, promote, transmit, broadcast, distribute and otherwise exploit the performances, compositions and/or masters; and authorise such use in all currently known and future forms of exploitation.
ProMusicianService waives moral rights or comparable rights under any contract, regulation or law worldwide.
+ Allow two to four business days from completion of the order or receipt of your revision request for a preview of the recorded tracks. Weekends and public holidays are excluded. Allow a further 12–48 hours for uploading the tracks to our servers for download.
If you need delivery by a particular date, contact us by email. We will try to expedite the work, subject to availability.
+ If important information is missing, we will contact you. Processing time is two business days from receipt of the requested material or information.
+ Allow two to four business days for each stage of music production. The complete ProMusicianService production process takes one to two weeks, depending on your response time and revisions.
+ In rare cases, we reserve the right to extend processing time. We will notify you by email.
+ Our priority is to provide the recording you want. The first revision is included free of charge with every service.
+ Additional revisions cost 50% of the original price. We reserve the right to charge more for particularly labour-intensive changes. Complete re-recordings cost 75% of the original price.
+ Revision requests must be submitted within two weeks of the preview being made available. Otherwise, the work is treated as approved.
We recommend downloading your tracks from our server rather than waiting for a CD by post. Where postal delivery has been agreed, CD delivery within Europe takes two to seven business days from your approval. Delivery outside Europe may take longer.
Refund conditions applying only to a first order:
+ Before delivery of the final WAV recordings, we send an MP3 preview so you can review the work. If you are not fully satisfied, you may choose a full refund instead of the final tracks.
Refund conditions applying to every order:
+ If you end the project during production, we refund the amount paid less the regular price of individual tracks you have already approved. If you do not approve the preview or request a refund within two weeks, the production is treated as approved.
+ Refunds are not available after a revision request has been submitted.
Your response:
+ If you do not respond to an order within two weeks, it is automatically treated as approved and you receive the finished files.
+ Changes after approval incur a charge of €70 each.
+ The customer warrants that they own the master recording and/or composition and all elements within it, and that their use does not violate any law or any third party's rights, including copyright.
+ If the customer is not the owner, they warrant that they hold the permissions and licences needed to re-record, edit or alter the master recording and/or composition.
+ The customer agrees to indemnify ProMusicianService and its representatives or successors against claims, liabilities, costs, losses, damages and expenses, including reasonable legal and court costs, arising from a breach of these warranties.
+ These terms exclude responsibility for loss or damage caused by use of the services and state that the customer waives legal action against ProMusicianService and its employees for financial or other loss.
+ ProMusicianService reserves the right to refuse or end services at its discretion.
+ Tracks are retained for three months after the relevant project is completed. You are responsible for downloading and saving the source tracks during that period. A storage upgrade can extend file availability for an order.
+ These terms may be amended without prior notice.
+ Protecting the personal information and songs of our customers matters to us.
+ We store your order and the details of the contract, such as the service and price. The terms are sent to you and remain available on our website after the contract is concluded.
+ Registered customers can access previous orders and credits through their customer account.
+ If you act as a merchant, the courts at our place of business have exclusive jurisdiction over disputes arising from this contract, subject to applicable mandatory law.
ProMusicianService provides music and audio marketing services for authors and rights holders. It places recordings on suitable internet platforms and monitors and markets them under the following terms. These terms govern the relationship between the customer and ProMusicianService.
By registering, the customer confirms that they are at least eighteen and accept these terms. The customer must provide complete and accurate information.
Recordings include sound recordings and combined sound/video recordings, such as music videos, supplied when accepting this agreement or later. ProMusicianService may reject recordings, videos or supporting material at its discretion, particularly where they breach criminal law or third-party rights.
Supporting material includes CD cover print files and information or documentation relating to the recordings and their creators. ProMusicianService and its partners may supplement or alter this material to fulfil the agreement, particularly for disc-on-demand packaging. If no material is provided, ProMusicianService may create it and will seek the customer's agreement. If the customer does not accept the supplemented material, they may provide suitable replacement material or request that delivery in that form cease. ProMusicianService accepts no responsibility for the quality, quantity or other aspects of disc-on-demand manufacture and delivery.
The customer grants ProMusicianService the rights necessary to market the recordings digitally. ProMusicianService may exercise these rights itself or through third parties and may transfer all or part of them.
For the agreement's duration, the customer grants an irrevocable, worldwide, non-exclusive right to sell, reproduce, distribute and otherwise exploit all or part of the recordings and supporting material using any current or future means or medium, including online stores and interactive or non-interactive streaming services, whether paid or free for promotional purposes.
If more than one company is appointed, the customer must prevent duplicate delivery of the same recordings to the same online stores. Once ProMusicianService has supplied a recording to a store, the customer must ensure that no third party supplies the same recording to that store.
The customer must ensure that recordings and supporting material are free from conflicting third-party rights, and that fulfilling this agreement does not infringe such rights or expose ProMusicianService to claims.
ProMusicianService may collect all proceeds resulting from this agreement. Net revenue means amounts actually received from providers in connection with sales of recordings. The customer receives net revenue less a 10% service fee and can check their balance through their account.
ProMusicianService may hold collected funds in an interest-bearing bank account and may retain the interest, or distribute all or part of it to customers at its discretion. Net revenue is credited within fourteen days after ProMusicianService receives payment. Bank and transaction fees are borne by the customer.
Amounts owed by the customer under this agreement may be set off against net revenue payable to them. The customer authorises ProMusicianService,, to collect annual fees, taxes and other service charges from their ProMusicianService account or another payment method supplied by them, such as PayPal or a credit card.
The customer must pay the fees in the applicable price list. They must promptly update changes to their payment method through their account. If no valid payment method is available, services may be stopped.
The customer is responsible for obtaining and paying for Digital Phonorecord Delivery and other licences required by composition rights holders or their representatives, including collecting societies, and for royalties owed to artists, producers or others involved in the recordings, including payments under collective agreements.
The customer bears expenses, fees, duties, taxes and levies arising from their account's use by them or others and must properly declare and pay tax on revenue, including any non-resident withholding tax.
Outside Germany, ProMusicianService normally seeks collection and payment of music publishing licence fees from digital music service providers. These fees may be deducted by the providers before payment. If a provider cannot handle this, ProMusicianService may decline to license that provider or take responsibility for accounting and paying the relevant publishing licence fees. Such fees may be deducted from net revenue payable to the customer. Any such amounts paid by ProMusicianService, whether required or at its discretion, are deducted from the net revenue otherwise due.
The customer warrants that they are entitled and able to enter into and perform this agreement and grant the necessary rights. They are responsible for the supplied recordings and material, which must not breach criminal or administrative law or infringe third-party rights.
These terms limit ProMusicianService's liability to intent or gross negligence. The customer must ensure their registration and credentials are not used for unlawful purposes or infringement. If a potential infringement or criminal breach becomes known, ProMusicianService may retain account funds pending clarification.
The customer indemnifies ProMusicianService, its contractual partners and employees against third-party claims and the costs of asserting or defending rights arising from this agreement, including legal and court costs, damages and licence or infringement claims. ProMusicianService will inform the customer promptly of a claim or action. The customer must fund the defence using legal counsel designated by ProMusicianService.
If sued, ProMusicianService may retain payments otherwise due to the customer up to the anticipated liability. Settlement requires ProMusicianService's prior written consent.
The customer must check statements promptly after receipt. Claims concerning an incorrect statement must be submitted in writing within one year unless the error resulted from ProMusicianService's intent or gross negligence.
The agreement begins on registration and lasts one year. It renews for further one-year periods unless terminated at least one month before the term ends. Rights to terminate for good cause are unaffected.
On written notice ending annual membership for albums or videos, ProMusicianService may leave them in online stores until the contractual term ends. The customer may request removal within fourteen days. Fees paid in advance are not refundable, including pro rata, even where termination occurs during the year.
Both parties must keep this agreement and acquired business information and practices confidential, except information generally available to third parties or disclosure required by law. Confidentiality continues after the agreement ends.
ProMusicianService supplies ISRC and GTIN codes, formerly EAN or UPC, without additional charge. They are for the customer's use only and may not be transferred or resold. For an unauthorised transfer or resale, the existing terms provide for a charge of €30 per barcode, ISRC or GTIN, plus resulting costs and expenses. These may be set off against amounts owed to the customer.
ProMusicianService does not guarantee that the customer will earn revenue under this agreement. ProMusicianService may assign or transfer all or part of its rights. The customer must notify ProMusicianService if they wish to transfer their rights. To request removal from online stores, the customer must contact ProMusicianService by email. The removal charge is €50.