Terms and Conditions

1. What These Terms Cover and Why You Should Read Them

    1. 1. 1 These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
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  2. 1. 2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information About Us and How to Contact Us

  1. 2. 1 musicradiocreative.com (“site”) is owned and operated by Music Radio Creative Ltd, a company registered in England and Wales. Our company registration number is 5473283 and our registered office is at Innovation Centre, St Cross Business Park, Newport, Isle of Wight, PO30 5WB, United Kingdom. Our VAT number is 139135710.
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  3. 2.2 You can contact us by writing to us contact@musicradiocreative.com.
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  5. 2. 3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
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  7. 2. 4 When we use the words "writing" or "written" in these terms, this includes emails.

3. Changes to Terms

  1. 3. 1 We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes.
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  3. 3. 2 Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
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  5. 3. 3 If the revised terms apply to your order, we will notify you of the changes. As a result of these changes, you may cancel your contract with us in respect of any Products you are yet to receive (unless we have sent you a Processing Confirmation). If you opt to cancel, we will refund the price you have paid.

4. Privacy Policy and Acceptable Use Policy

4. 1 Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy https://musicradiocreative.com/pages/privacy-policy

5. Acceptance of Order

  1. 5. 1 We cannot accept your Order if you are below the age of 18 years old.
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  3. 5. 2 Our acceptance of your order will take place when we email you to accept it (“Order Confirmation), at which point a contract will come into existence between you and us.
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  5. 5. 3 If you have already paid for the Products and we are unable to supply you with a Product because the Product is no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will notify you and will refund you the full amount as soon as possible.
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  7. 5. 4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order

6. “Processing” Notification

6. 1 If you have purchased one of our bespoke recorded products, we will send you a “Processing Notification” by email once we begin the creative process.

7. Our Products

7. 1 Occasionally, it may not be possible to fulfil your order, for example if a Voice Artist is unable or unwilling to record your script. If this happens, we will contact you by email as soon as possible to offer you an alternative voice (and we will attempt to match the attributes of your chosen artist as closely as possible). If you do not wish to proceed with your order, you may cancel it and we will give you a full refund.

8. Your Rights to Make Changes

  1. 8. 1 We cannot accept any changes to your order one we have sent you a Processing Notification.
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  3. 8. 2 If you wish to make a change to the product you have ordered please email us at contact@musicradiocreative.com. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 11- “How to End the Contract with Us”).

9. Delivery

  1. 9. 1 We will let you know the estimated delivery date in the order confirmation you will receive after placing your order. Our standard processing times are 3-5 working days for spoken audio and 7-10 working days for sung audio. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 15 below.
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  3. 9. 2 Delivery of an Order shall be deemed to be completed when we deliver the Products to the email address given by you; and you will be responsible for the Products from that time. Please add help@musicradiocreative.com to your Contacts or Safe Senders’ list to ensure our communications are not treated as Spam by your server.
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  5. 9. 3Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.
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  7. 9. 4 You may cancel your Order straight away if any of the following applies to you:
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                1. A.) if we have refused to deliver the Products;
    1. B.) delivery within the delivery deadline was essential considering relevant circumstances and you made it clear at the time of placing the order; or
    2. C.) you informed us prior to acceptance of your order that delivery within the delivery deadline was essential
    3. D.) if we fail to deliver Products within 30 days.
    4. E.) If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under this clause 9, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
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  9. 9. 5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
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  11. 9. 6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example: script for your recording, specific production requirements or pronunciation of specific words. If so, this will have been stated in the description of the products on our website. We will contact you [by email] to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
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  1. 9. 7 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
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    1. A.) deal with technical problems or make minor technical changes;
    2. B.) update the product to reflect changes in relevant laws and regulatory requirements;
    3. C.) make changes to the product as requested by you or notified by us to you.
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10. How to End The Contract With Us (Including if You Have Changed Your Mind)

  1. 10. 1 Your legal right to cancel a Contract starts from the date on which you receive the Order Confirmation and lasts for 14 days unless:
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    2. A.) you have already received “Processing” notification, in which case the creative process has started and we have already incurred the cost of making the product for you; or
    3. B.) you have already downloaded the Product. This is due to the fact that the digital product once purchased cannot be physically returned. You can sample the product by listening to excessive demo available on each product page - which is a great indication of the product itself.
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  2. 10. 2 To end the contract with us, please let us know by emailing us at contact@musicradiocreative.com. Please provide your name, email address and details of the order. Your cancellation is effective from the date that you email us.
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  4. 10. 3 How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
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  6. 10. 4 If you cancel your Contract we will:
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  2. A.) refund the full price paid if the production has not commenced;
  3. B.) refund you full price paid minus accrued expenses should you cancel after the processing of your order has started. We are obligated to pay our talent (voices and producers) for all work done, regardless if it will be used or not so a full refund is not available once production has begun;
  4. C.) provide no refund if the order has been already completed and delivered (or in case of instant downloads completed and downloaded by you). We will work with you to make any reasonable amendments to the order, however our service is not something you can simply “give back” and all products are made to order;
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  2. 10. 5 If you have returned the order because the final product is not as described/ordered, we will provide one free of charge revision to your order.
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  4. 10. 6 If a Product has been delivered to you prior to your decision to cancel your Contract then please see our Returns Policy above.
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  6. 10. 7 If you wish to make a change to order that has been already completed, we will calculate the fee based on the changes needed. The minimum charge will be 50% of the originally paid fee.
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  8. 10. 8 Instant Downloads (this includes and is not limited to presets, music and sound effect packages) - products that are available for you to download immediately after purchase. We will provide a full refund if you have changed your mind after purchase and have not accessed the download (note that we can determine whether download has been made). Once the instant download has been downloaded you no longer have the ability to return it (digital products cannot be physically returned). You can sample the product by listening to excessive demo available on each product page, and in case of presets request a custom demo - which is a great indication of the product itself. Our team will however consider each case on individual basis. So please contact our support team to discuss further.
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  10. 10. 9 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind

11. How to Tell Us About Problems

11. 1 If you have any questions or complaints about the product, please contact us. You can email us at contact@musicradiocreative.com

12. Summary of Your Legal Rights

12. 1 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

  1. A.) The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
  2. B.) If your digital content is faulty, you're entitled to a repair or a replacement.
  3. C.) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
  4. D.) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 11.

If your product is services, for example the provision of voiceover content, the Consumer Rights Act 2015 says:

  1. A.) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  2. B.) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
  3. C.) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

13. Price and Payment

  1. 13. 1 Prices of the Products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
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  3. 13. 2 Our prices are displayed exclusive of VAT (VAT information is added at the checkout once you provide your billing information).
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  5. 13. 3 Despite our best efforts, there may be incorrect prices on some of the Products. If the Products’ correct price is less than a price shown on our site, the lower amount will be charged. We will normally check prices before accepting your order so that, If the Products’ correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Product(s) to you at the lower price that was incorrect.
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  7. 13. 4 Payment for Products is to be made in advance by credit or debit card. We accept payment with Visa, Mastercard, Amex as well as PayPal.

14. Limitation of Liability

  1. 14. 1 We are responsible for loss or damage you suffer that is consequence of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not a consequence of our negligence or our breach of the Terms. Any damage caused to your property in the course of installation or performance of Products will be repaired by us. However, any pre-existing faults or damage to your property will not be repaired.
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  3. 14. 2 We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
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  5. 14. 3 Exceptions to Limitation of Liability. Our liability does not exclude or limit in any way:
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  2. A.) fraud or fraudulent misrepresentation; death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  3. B.) defective products under the Consumer Protection Act 1987;
  4. C.) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).
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  2. 14. 4 If you are a private consumer and we supply defective digital content which damages a device or digital content belonging to you as a result of our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

15. Third Party Intellectual Property Rights

15. 1 Customers that provide their own scripts, voice-over recordings, music, sound effects or any other production elements to be used in their final Products take full responsibility for any potential copyright that may exist on the wording of their choice. It is the customer’s responsibility to ensure that the appropriate license is in place to use such wording

16. Script Writing

  1. 16. 1 Music Radio Creative provides paid script writing and branding consultations. The product and its terms and conditions are intended only for customers who wish to also purchase audio from Music Radio Creative.
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  3. 16. 2 With each paid consultation the customer will be provided with an agreed set of script ideas and suggestions. Fee for the consultation will be quoted up front depending on the project size.

    16. 3 All scripts provided are the original work of the Music Radio Creative script writers. Music Radio Creative however retains full copyright on the scripts provided.
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  5. 16. 4 The licence is given only to use the scripts in the production supplied by Music Radio Creative with no further royalties due other than the cost of audio production - any other use needs to be paid for as a full licensing fee (a quote can be obtained once all details of broadcast are provided). Any usage of scripts outside of the paid license will be treated as a copyright infringement and appropriate action will be taken.
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  7. 16. 5 Scripts that have been provided in the consultations but not used by customer in any production may be used in future Music Radio Creative projects or those of its clients.
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  9. 16. 6 Scripts accepted by the customer and used in their production will not be used in any other projects (unless agreed by the customer otherwise) for the period of 12 months from the date of purchase.

17. Production

  1. 17. 1 If you are looking for a production that resembles aspects of someone else’s idea/project it is your responsibility to ensure that by doing so you are not infringing any existing copyrights, artist's rights etc.
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  3. 17. 2 We may refuse to recreate someone else's work as this is against our code of practice.
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  5. 17. 3 Each production composition is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, the style or presentation of the services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Music Radio Creative moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Production shall remain with us or our licensors.
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  7. 17. 4 You may not download or copy the content and other downloadable items displayed on the Website in the form of audio elements (the Production, Composition etc) with the exception of items made free for you to download and use.

18. Sound Effects and Music Libraries

  1. 18. 1 Music Radio Creative sells sound effects, royalty free music tracks and music packages ready to download. We certify that all music and elements available for purchase as Instant Downloads are 100% royalty free and are bound by our license agreement that can be found here: https://musicradiocreative.com/pages/royalty-free-music-license
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  3. 18. 2 All production elements will be available instantly after the successful purchase under the “My Instant Downloads” page in your “My Account” area.

19. Entire Agreement and Representations

  1. 19. 1 These Terms, the Privacy Policy and (where applicable) the case of Royalty Free Music and Sound FX Licence constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
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  3. 19. 2 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.
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  5. 19. 3 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
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  7. 19. 4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

20. Other Important Terms

  1. 20. 1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
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  3. 20. 2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval
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  5. 20. 3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
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  7. 20. 4 Each paragraph of these Terms is separate and distinct from each other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
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  9. 20. 5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
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  11. 20. 6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.