Terms and Conditions
“The Client”: the person/company soliciting via any means including but not limited to via email, web site, social media, text message or verbally, the services of Kelsey Mastering.
“Kelsey Mastering”: Kelsey Mastering, and it’s mastering engineers, employees and representatives.
“Sound Recording”: a sound recording, whether music, speech or any other form of audio signal, contained on any format, whether digital (such as on computer hard drive, on storage media such as CDR or DVD-R), or, in analogue format of any kind(such as 1/4 inch tape or audio cassette).
“Mastering Engineer” : the person employed by Kelsey Mastering to execute the audio changes to the client’s sound recording.
“Website”: the web-presence of Kelsey Mastering, including the elements which constitute its associated marketing and systems components such as those provided by, Google, Checkfront, PayPal, PayU, Facebook, Twitter, Instagram, Wetransfer, Hofa.
“Material”: text, images, illustrations whether printed or digital.
Terms and conditions:
1. The Client purchases the execution of reasonable, subjective and limited sonic changes to the sound recording supplied by the client to Kelsey Mastering. The limitations of technology and the varying nature and quality of the supplied sound recordings impose variances on the outcome of each mastering process. The artistic wishes and recommendations of the Client regarding the sound recording to be mastered will be considered as much as is possible within the context of the imposed limitations. Such arising limitations do not exempt the client from obligation to pay Kelsey Mastering the invoiced amount for the mastering work performed on the sound recording regardless of the extent to which the existence or details of those limitations were discussed before, during or after the mastering process.
2.The Client has 5 business days after the date on which the master being made available in which to request re-mastering of the original supplied sound recording, such requested master-revision will be made at the discretion of the mastering engineer without additional charge.
3. Kelsey Mastering and it’s mastering engineers accept no responsibility or liability for losses or damages, whether emotional, financial, material or physical, incurred as a result of the use of the final sound recording mastered by the Kelsey Mastering engineers.
4. Kelsey Mastering assumes that the Client possesses the relevant legal and intellectual rights pertaining to the sound recording supplied by the Client or their representative to Kelsey Mastering for mastering. As such, Kelsey can accept no responsibility or consequent liability for prior, present or future illegal or inappropriate use of any sound recording, or part thereof, that it receives for the purpose of mastering or is currently mastering or has mastered. The adherence to and fulfillment of the conditions of all relevant commercial and criminal laws pertaining to the prior or subsequent creation, use and distribution of sound recordings supplied to Kelsey Mastering and it’s mastering engineers and received by the client in the mastered state, remains the sole responsibility of the Client and or their representative.
5. In the event of the client not possessing the appropriate authority to solicit the services of Kelsey Mastering on behalf of the their client or another company, or as applying to specific sound recording, the client will, in favor of Kelsey Mastering, bear in his/her personal capacity full responsibility for any legal and/or financial liability arising directly or indirectly from the services provided by Kelsey mastering
6. It is the client’s responsibility to ensure the safety of the original sound recording provided by making back-up copies before sending to Kelsey Mastering and by sending it to Kelsey Mastering by means deemed safe and secure.
7. The Client is obliged to provide un-mastered sound recording to Kelsey Mastering in a typical professional audio production format by the agreed date of delivery to Kelsey Mastering as reflected on the website, booking-systems and/or written communications received from Kelsey Mastering.
8. In the event of the reproduction, packaging or distribution of any sound recording, or part/parts thereof, in any audio format whether analogue or digital, having been mastered by Kelsey Mastering and whether for the purposes of sale or for promotional activities, then the words, “Mastered by Rogan Kelsey” must appear as a credit on the printed material accompanying the recording or as part of the text accompanying credits delivered in an electronic format.
9. Should the Client wish to deliver the original un-mastered sound recordings to Kelsey Mastering via any third party whether it is sent via representative, post, registered post or courier, the risk of loss or damage to the original sound recording is entirely the Client’s. Kelsey Mastering and it’s mastering engineers accept no responsibility for loss or damage to sound recordings, whether mastered or un-mastered, or their respective storage mediums, which may be lost or damaged while in transit or otherwise in the possession of a third party such as the postal services or a courier company and whether in transit to or from the Client.
10. Kelsey Mastering does not guarantee that the supplied mastered sound recording is error-free and will not accept responsibility for losses incurred due to inherent faults, failures of storage media or the tools used to produce them. It is the client’s responsibility to ensure that the received masters on their storage media is complete, functions as intended and without error prior to distribution, physical duplication or reproduction through any means of the media or the sound recording contained therein.
11. Kelsey Mastering and it’s mastering engineers are not obliged to disclose details of any part of the mastering process to the Client or their representative. All employed processes, equipment settings and mastering techniques are the sole intellectual property of Kelsey Mastering and it’s mastering engineers and may not be acquired whether deliberately or accidentally without written permission of the members of Kelsey Mastering or it’s mastering engineers.
12. Kelsey Mastering and it’s mastering engineers do not agree with or endorse the content of the sound recording provided to Kelsey Mastering for mastering and no such agreement or endorsement is stated or implied by Kelsey Mastering’s agreement to perform the service of mastering on the sound recording in question. The Client at all times and under all circumstances takes full responsibility for the political, sexual, violent or otherwise morally questionable words, concepts or gestures contained in sound recording supplied to Kelsey Mastering which may be deemed illegal or unsavory or constitute a violation of applicable South African or international law. Kelsey Mastering reserves the right to reject a sound recording and withhold its services without explanation and in such an event will refund any deposits received within a reasonable period and reserves the right to withhold a 15% administrative fee.
13. Kelsey Mastering does not claim ownership or claim to royalties, nor claim to any proceeds above the fee required for Kelsey mastering services performed on sound recordings received.
14. Kelsey Mastering will act to conserve the privacy and secrecy of all sound recordings and intellectual property it receives for mastering and will not deliberately provide the sound recording whether mastered, un-mastered or in the process of being mastered to anyone other than the Client, an employee of the client, or their representative. Kelsey Mastering cannot be held responsible for loss of intellectual property and consequent emotional, physical, material or financial losses suffered by the Client through the receipt or interception of the sound recording whether in physical, analogue or digital formats by parties who were not the intended recipients, or through loss due to unauthorized access to Kelsey Mastering computer systems, or hacking, or as the result of a computer virus.
15. Kelsey Mastering does not retain your credit card or payment details as payments are processed through a reputable 3rd party commercial payment gateway. The policies, functionality, service-levels and security policies of the associated website elements such as those used for billing, booking and delivery of masters are beyond the control of Kelsey Mastering and the user accepts the risks associated by use of such services. Kelsey Mastering makes use of these reputable services on good faith but can not provide warranties or guarantees of any kind relating to the consequences of the use of services of third-parties or the incorporation of their products and services into the Kelsey Mastering business processes. The use of Promo or Coupon codes is by written permission only and will only be honored when issued directly by Kelsey Mastering to the client. Promo and Coupon codes are are not transferable and are for the exclusive use of the person to whom it is issued. Promo and Coupon codes cannot be exchanged for cash or credit.
16. All external websites are accessed at the user’s risk, Kelsey Mastering cannot be held responsible for the content or behaviors of websites accessed via the Kelsey Mastering website. Links to other websites may be changed from time to time and the policies of those websites are completely beyond the control of Kelsey Mastering.
17. The user makes use of the website and the services of Kelsey Mastering at your own risk. The website is provided as-is and in the event of any failure whether total or partial, whether technical or procedural, whether by the website or any automatic and/or manual administrative or service-process related to use of the services of Kelsey Mastering, Kelsey Mastering cannot be held liable for the consequences of such failure and provides no warranties to that effect.
18. The contents of the website are protected by copyright and may not be used for any commercial purposes without the written permission of Kelsey Mastering and/or the copyright owner.
19. Any part of these terms and conditions excluded in writing by Kelsey Mastering or found to be excluded as a matter of law will not affect the enforcement of or application of any other term or condition herein. Any legal proceeding entered into with respect to the services of Kelsey Mastering or the use of this website are to be done so within the physical and legal jurisdiction of South African Courts and as governed by South African law regardless of the geographical location of the Client and the laws applicable to the client there.
20. Kelsey Mastering reserves the right to monitor social networks for mention of its services and/or mention of the sound recordings believed to be the product of Kelsey Mastering, and to use without obligation and exempt from charge or liability, the contents or part thereof on Kelsey Mastering’s own website and printed material for promotion or advertising purposes. Such content includes but is not limited to Facebook, Twitter, Instagram, Google+.
21. By making use of this website or Kelsey Mastering services you agree to these terms and conditions. The contents of this website is subject to change without notice.
22. Terms and conditions are subject to change without notice.