| These policies specify certain actions prohibited by South Main Studios / Mindwatering for users of our services. SMS/Mindwatering reserves the right to modify these policies at any time to stay in compliance with any laws, regulations, and security requirements. By using SMS/Mindwatering services, any client, employee, or third-party unconditionally accepts the terms of these policies.
TERMS OF PAYMENT:
As indicated on the Rates page, payment for SMS services, to include any Producer costs, is due in full upon services rendered. Digital files and/or CD copies are released after all services are paid in full.
SMS requires a deposit at time of booking of 1 hours time. Should a client cancel less than 72 hours before their scheduled studio time, then SMS cannot refund client's deposit. Deposits are fully refundable less $20 if client cancels more than 72 hours in advance of scheduled studio time. If client schedules a block of time and only uses part of that time, then the client will be billed for only the number of hours of services rendered, closest to the quarter hour. All SMS bookings are minimum 1 hour. Clients are considered booked and secured on the schedule when SMS receives a deposit.
Cash, certified checks/money orders, VISA, MasterCard, Discover Card, and American Express are accepted forms of payment. Checks should be payable to Mindwatering. On-line payments can be made via the billing login link on the Mindwatering or SMS web site.
Returned Checks / Other Returned Funds
If a client payment to SMS is returned or refused deposit from SMS's or the client's banking institution(s) for any reason, then SMS will reissue a new invoice to the client, including the following:
1. a $25.00 non-refundable fee
2. any additional banking fees
3. the amount of the original invoice
Payment of this new invoice, plus applicable fees, will be due immediately in the form of either a certified check, money order, or cash. Should immediate payment not be reissued by client, and there has been no attempt by the client to communicate with SMS, set up a payment schedule, or resolve the balance, then SMS reserves the right to seek legal action and/or send the client's account to a collections agency to collect the amount due. Should a client's payment to SMS be returned for design and/or hosting services as well, then the Mindwatering design & hosting service policies apply.
Copyrighted Materials
When submitting materials to SMS / Mindwatering for reproduction, if the artist is recording cover songs or presenting prior print/digital work that they did not author or they do not hold the copyright, then the artist / client represents and warrants that they have obtained permission from the copyright owner to reproduce, edit, distribute, and display such copyrighted work. The purchaser of our services agrees to save and hold harmless and to indemnify SMS / Mindwatering from any and all expenses, costs, legal fees or judgements that may result from any claims or lawsuits resulting from customer request. Create work by SMS / Mindwatering as Contractor for a client belong to that client. Create work by SMS / Mindwatering (templates) customized by SMS / Mindwatering remain property of SMS / Mindwatering.
Limit of Liability
Submitting any CD media, tape media or other material to Mindwatering for processing, printing or other handling, constitutes an AGREEMENT by you that any damage, loss or other deterioration, however caused, by Mindwatering, subsidiary, or agent, even though due to negligence or other fault of Mindwatering, subsidiary, or agent, will only entitle you to replacement with a like amount of unwritten media. Except replacement, the acceptance of the media, or other material is without other warranty or liability, and recovery for any incidental or consequential damages is excluded. We are not responsible for work left over 30 days.
Output Regardless Basis
Customer requests to provide a service against our professional judgement will be honored with the understanding that we do our best to perform the work and will be paid for the resulting work regardless of the acceptability of the results.
Additional details are found in our Client Introductions and Guidelines Informational Packet which is available by request.
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