CLIENT ASSETS AND HARD DRIVES
The Studios facility operates strict security policies, and as such files and assets from clients should be sent in advance of the session to allow adequate time to safely ingest files. All files sent to PSDPL are scanned for viruses and any client hard drives bought in may require files to be transferred to other machines first, in order to follow our security processes and as such may impede the smooth running of the booked session. We operate a ‘blocked USB port’ policy and need to ‘whitelist; portable harddrives in order to ‘allow’ them to be connected directly to Production systems - so please be aware this may eat into chargeable booking time - so it’s always better to send files in advance.
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 studios and studio users are required by law to keep exposures as low as reasonably practicable.
RECORDINGS AND MATERIALS
Notwithstanding any other provision contained within the Conditions the Client hereby acknowledges and agrees that all risk in the Materials when in transit or otherwise off the Company's premises shall vest in the Client
The Client hereby covenants and undertakes to the Company that it shall indemnify the Company against any injury, loss, damage, costs and/or expenses suffered by the Company arising from: The Client's cancellation of the Booking including without limitation any reasonable costs or expenses incurred by the Company in connection with the Booking, the Client's making, use or exploitation of the Recording
The Client's breach of any of the warranties undertakings or agreements on its part to be observed or performed by the terms of this Agreement Any loss or damage caused to the Company by Clients use of Clients Personal or Clients Own Part Recorded Material.
CONTENT OF RECORDING
The Client warrants that nothing whatever shall be included in the Recording (or any software introduced by the Client) which constitutes a breach or infringement of any copyright or which shall be in any way illegal, scandalous or libelous and the Client will indemnify the Company against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the Company in reference to any such claim. The indemnity shall extend to any amount paid on a lawyer's advice in respect of any such claim.
The Company shall not be required to reproduce any matter which in its opinion is or may be of an illegal or libelous nature.
STUDIO BREAKDOWN WARRANTY
In the event of Studio Breakdown the Company shall at its option either replace (as soon as can reasonably be arranged) the Studio facilities to which the Client was entitled by the terms hereof and which have been lost as a result of such Studio Breakdown or credit or refund to the Client the Booking Fee in respect of the Booking and shall have no liability or obligation to the Client beyond these remedies.
MASTER RECORDING AND POST PRODUCTION WORK WARRANTY
CLIENT DATA BACKUP POLICY
PSDPL endeavor to securely backup all session files for a period of 6 months and this is included as part of the standard booking charge. After this initial period we reserve the right to delete your data unless you specifically request one of the following chargeable alternatives prior to the 3 year point. Charges will vary depending on the quantity of data stored:
Although secured with considerable redundancy including on and off-site duplicates, the companies backups are not guaranteed. As such the client is advised to make their own provisions for further secure backup of recorded or master materials and not be entirely reliant on PSDPL backups. We therefore recommend the client requests from PSDPL any master files at the completion of a project it wishes to backup for its own peace of mind.
COMPANY'S OVERALL LIABILITY
Notwithstanding any other provision contained within this Agreement the Company shall not be liable to the Client or the Client's Personnel for any:
The Company's liability under this Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortious or otherwise.
The Client accepts as reasonable that the Company's total liability in respect of the Booking and/or the Post Production Work shall be as set out in this Agreement: in fixing those limits the Client and the Company have had regard to the price and nature of the Booking and the Recording Work and the terms hereof, and the level of expenses expected to be incurred by the Client in respect thereof and the resources available to each party including insurance cover, to meet any liability.
WHERE THE BOOKING IS MADE BY A CONSUMER AS DEFINED IN THE SALE OF GOODS ACT 1979, THE SUPPLY OF GOODS AND SERVICES ACT 1982, THE SALE AND SUPPLY OF GOODS ACT 1994 OR THE FAIR TRADING ACT 1973 THE STATUTORY RIGHTS OF THE CLIENT ARE NOT AFFECTED BY THESE CONDITIONS.
Notwithstanding any other term of this Agreement the Company shall not be under any liability for any failure to perform any of its obligations under this Agreement due to Force Majeure. Following notification by the Company to the Client of such cause, the Company shall be allowed a reasonable extension of time for the performance of its obligations. For the purpose of this Condition, 'Force Majeure' means: Act of God, explosion, flood, tempest, fire or accident;
+91 - 8484088799
302, 99, West Court Complex,
Nagpur-440012 Maharashtra, India
+91 - 8484088799
302, 99, West Court Complex,
Nagpur-440010 Maharashtra, India