Terms and Conditions for Southern Soundscapes Media

Welcome to Southern Soundscapes Media. These Terms and Conditions govern your access to and use of our services, including music production, audio engineering, podcast creation, live event recording, sound design for film and television, music distribution, artist management, digital content licensing, news production, journalistic reporting, and editorial services. By accessing or using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

1. Definitions

• "Southern Soundscapes Media," "we," "us," or "our" refers to Southern Soundscapes Media, located at 345 Flinders Lane, Level 6, Melbourne, VIC, 3000, Australia.
• "Services" refers to all offerings provided by Southern Soundscapes Media, including but not limited to music production, audio engineering, podcast creation, live event recording, sound design, music distribution, artist management, digital content licensing, news production, journalistic reporting, and editorial services.
• "Client," "you," or "your" refers to any individual, entity, or organization engaging with our Services.
• "Content" refers to any and all materials, data, audio, video, text, images, or other information provided by you or created as part of the Services.

2. Acceptance of Terms

By engaging with Southern Soundscapes Media for any Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These terms constitute a legally binding agreement between you and Southern Soundscapes Media.

3. Service Provision

• Southern Soundscapes Media will provide the Services with reasonable care and skill, in accordance with industry standards.
• Specific details of the Services, timelines, deliverables, and fees will be outlined in a separate service agreement, proposal, or statement of work, which, once accepted by both parties, will form part of these Terms and Conditions.
• We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice, although we will endeavor to provide reasonable notice where possible, especially for ongoing projects.

4. Client Responsibilities

• You agree to provide all necessary information, resources, and cooperation required for Southern Soundscapes Media to perform the Services in a timely and efficient manner.
• You warrant that any Content provided by you for the Services does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
• You are responsible for ensuring that all Content provided is legal, ethical, and does not contain any defamatory, obscene, or otherwise unlawful material.
• You agree to review deliverables promptly and provide feedback within agreed-upon timeframes. Delays in feedback may affect project timelines and costs.

5. Intellectual Property

• Unless otherwise agreed in writing, all intellectual property rights in the Content provided by you to Southern Soundscapes Media remain with you. You grant Southern Soundscapes Media a non-exclusive, royalty-free license to use, reproduce, modify, and display your Content solely for the purpose of providing the Services.
• Upon full payment for the Services, and unless otherwise specified in a separate agreement (e.g., for licensing, distribution frameworks, or artist management roles), the intellectual property rights in the final deliverables created by Southern Soundscapes Media specifically for you (e.g., a finished audio track, a podcast episode, sound design elements) will be transferred to you, subject to any retained rights by Southern Soundscapes Media for its underlying technologies, tools, or pre-existing intellectual property.
• Southern Soundscapes Media retains all intellectual property rights in its methodologies, software, proprietary tools, and any pre-existing or independently developed materials used in the provision of the Services.

6. Payments and Fees

• Fees for our Services will be outlined in a specific quote, proposal, or service agreement.
• Payment terms, including upfront deposits, milestone payments, and final payment schedules, will be clearly stipulated in the applicable service agreement.
• All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for any taxes, duties, or government charges associated with the Services.
• Failure to make timely payments may result in the suspension of Services or withholding of deliverables until payment is received, and may incur late payment charges as specified in the service agreement.

7. Confidentiality

Southern Soundscapes Media agrees to keep confidential all non-public information and Content provided by you during the course of the Services that is designated as confidential or would reasonably be understood to be confidential. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

8. Limitation of Liability

• To the maximum extent permitted by law, Southern Soundscapes Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any Content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
• In no event shall the total liability of Southern Soundscapes Media to you for all damages, losses, and causes of action exceed the amount actually paid by you to Southern Soundscapes Media for the specific service from which the liability arose.

9. Indemnification

You agree to defend, indemnify, and hold harmless Southern Soundscapes Media, its directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees), arising from: (a) your use of and access to the Services; (b) your breach of any term of these Terms and Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions.

10. Termination

• Either party may terminate a service agreement if the other party breaches a material term of these Terms and Conditions or the specific service agreement and fails to remedy the breach within a reasonable timeframe after notice.
• Upon termination, you will be liable for all Services rendered up to the date of termination. Any intellectual property rights transferred will remain as per section 5 for work completed and paid for.

11. Governing Law and Jurisdiction

These Terms and Conditions shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia.

12. Changes to Terms

Southern Soundscapes Media reserves the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Services after the effective date of the revised Terms and Conditions signifies your acceptance of the new terms.

13. Contact Information

For any questions about these Terms and Conditions, please contact us:

• Address: Southern Soundscapes Media, 345 Flinders Lane, Level 6, Melbourne, VIC, 3000, Australia