12th Note Productions Terms and Conditions
Payment terms
12th Note Productions accepts Visa, MasterCard, cash, check or money order. All payments should be made to 12th Note Productions.
12th Note Productions offers four payment options: Hourly Rate Fee, Demo Fee, and two Project Fees.
Hourly Fee : This fee is a fixed rate of $40/hr and includes studio time plus the producer’s fee. All payments must be made at the completion of each assigned session.*
* Under the hourly rate plan, if you have an outstanding balance of $300 and above, 12th Note Productions will halt all services until the balance is paid.
Demo Fee: This fee is $550 for up to 15 hours (save $50). Good for a small project of 1-3 songs. Includes 10 free CDs.
Master Project Fee : This fee starts at $ 3,500 and it includes the process of recording the instruments and vocals, arranging and development of the songs and tracks, editing and mixing a CD project of up to 100 hours. After 100 hours the Hourly Rate applies.
Market Project Fee: This fee starts at $5,500 and it includes everything in the master project fee, as well as a CD cover design and duplication for 1000 copies.*
* Some restrictions apply.
12th Note Productions requires a deposit of $500 when using the project fees. In addition, the client will be expected to pay for their project incrementally, at the rate of 10% of the total cost per 10 hours of studio time.
The balance of the above fees are due upon completion of the project(s), before the master is handed over to the artist(s)
12th Note Productions reserves the right, among other remedies, either to terminate this agreement or to suspend further recording upon failure of the customer to make any payment as herein provided.
Should any amount remain outstanding after its due date, interest shall run on said amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and shall accrue daily thereafter. In addition to the foregoing, the customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation 12th Note Productions’ reasonable legal fees and litigation/arbitration fees and costs) incurred by 12th Note Productions in recovering any amounts owed to it by the Customer.
Pricing
12th Note Productions reserves the right to change prices, specifications and quantities in our documentation, web site, or elsewhere without notice or obligation.
12th Note Productions is not responsible for loss or damage to the product once any product has left 12th Note Productions.
Quoted or acknowledged completion dates are only estimated dates.
12th Note Productions specifically disclaims liability for delays in completion of a project and any resulting consequential damage or losses.
While 12th Note Productions will treat the customer's project and materials with the utmost care, 12th Note Productions specifically denies liability for damage or loss due to fire, casualty, technical failure or negligence while the customer's materials are in the care and possession of 12th Note Productions.
12th Note Productions Warranty
12th Note Productions warrants that material produced and recorded by 12th Note Productions meets the generally accepted industry standards.
If any product produced by 12th Note Productions from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, 12th Note Productions will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at 12th Note Productions’ option, refund to customer part or all of the purchase paid to 12th Note Productions, on the condition that a) written notice of such defect or error is received by 12th Note Productions at its office within thirty (30) days after shipment by 12th Note Productions to customer, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by 12th Note Productions within the date indicated above, 12th Note Productions will be deemed to be released by customer from any and all liability.
All CDs, Tapes, artwork, photos, and any other materials furnished to 12th Note Productions by the customer remain the property of the customer.
Indemnification and Limitation of Liability
12th Note Productions is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
12th Note Productions shall under no circumstances be liable for special, incidental, or consequential damages related to omissions or errors in our brochures, web site, or elsewhere.
Cancellation Policy
** Beginning on January 1, 2008, in order to reserve a session for 4 hours or more, 12th Note Productions is requesting a deposit of 25% of the session fee. The deposit will be refundable if you cancel by a notice greater than 48 hours. If you do not cancel prior to 48 hours to your session and do not make your session, then you will lose your deposit. If you are on a project rate you will lose 25% of the hours you had scheduled for that session. For all sessions under 4 hours the exsisting 24 hour notice policy will still be in effect.
The artist(s) may cancel a scheduled recording session but must inform 12th Note Productions at least 24 hours prior to the scheduled time. Failure to do so will result in 50% of the fees for the canceled session. If you are on a project rate you will lose 50% of the hours you had scheduled for that session.
If an artist on the project fee has to cancel their project after initiation the artist will be responsible for all costs incurred by 12th Note Productions. Such jobs canceled after any production has begun are also subject to a minimum $50 charge. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to 12th Note Productions have been paid in full.
If an artist is late to any recording session without notifying 12th Note Productions in advance, they will be charged 50% for the time missed.