Terms & conditions
These T&Cs are a summary of the contracts we sign with our clients, in our effort to be clear and transparent from the very beginning.
- The prices stipulated in our table are fixed, without hidden extras, except those in which a range or a minimum price is explicitly stated, or those in which THE CLIENT requires a specific external service, such as recordings using real instruments by professional performers. Kelpie Music (hereinafter, THE PRODUCER) will carry out the necessary arrangements in such a case and will add to the cost of the service the fees corresponding to that external work, subject to prior agreement with THE CLIENT.
- The prices of those projects that are evaluated and considered by THE PRODUCER as especially complex, either due to exceptional volume of work or the requirement of a time greater than the usual average for its completion, will be subject to an upward renegotiation.
- Once the terms in which the creation of the first work will be developed have been agreed, THE PRODUCER will require a deposit of at least 50% of the final price FROM THE CLIENT, prior to the start of the work, although they can choose to make the full payment, if preferred. The fees corresponding to possible contributions by external performers must be paid in full within this period.
- If THE CLIENT does not pay the full cost before the start of production, the final payment must be made within 15 days after the delivery of the work.
- The GOLD and SILVER packs can be combined with any of the SAVING packs. The FLAT RATE pack cannot be combined with other packs or offers.
- The prices shown in the summary table on this website are subject to change without prior notice.
- Whatever the contracted service, the master will be sent in any digital format or formats of the CLIENT’s choice. If none is specified, the standard formats of THE PRODUCER will be used: WAV (stereo, 24 bits, 44100Hz) and MP3 (320kbps).
- THE PRODUCER will retain the rights to the recording until the invoice has been fully paid by THE CLIENT.
- The composer or composers of the respective parts in a song will at all times retain the moral and author rights of their works, since these, due to their inalienable nature, cannot be transferred to another person.
- Likewise, the composer or composers will keep at all times the composition credits in their corresponding percentages of the musical works in which they participate, and in this way, they will be presented to the relevant intellectual property rights management societies, unless otherwise dealt by economic agreement between THE PRODUCER and THE CLIENT.
- THE PRODUCER will claim percentage of royalties for original productions when the client signs a contract with a publisher or record label. In that case, 3% of sales will be claimed, which is the standard procedure in the industry.
- In the case of remixes, THE PRODUCER will keep the composition credits, as well as their derived rights, regarding the musical arrangements executed as part of its work, and that, therefore, are not contained in the original work.
- In the case of musical production for audio-visuals, composition credits – and their derived rights – will invariably belong to the composer/producer. The rights will only be transferred for the planned project.
- Under this same case, the transfer of the property rights of the produced work will be considered, in general, exclusive, and without temporal or territorial limits. However, there is the possibility of a 20% discount on the service rate if a non-exclusive assignment of the work is agreed, thus allowing THE PRODUCER to transfer said rights again to third parties, individuals or legal entities. Other discount possibilities can be agreed with the client establishing time and/or territorial limits to the assignment.
- The prices of the musical production offered by THE PRODUCER correspond to projects that include only non-real instruments. Therefore, as specified in the general T&Cs, THE CLIENT will be liable for the hiring expenses of external elements, and must be paid in the manner and time in which said T&Cs are stated.
- THE PRODUCER has a network of associated recording studios in some of the main cities of Spain that will be offered to THE CLIENT in case of requiring a professional recording of voice or real instruments on their part to complete the production. The cost of these recordings is not included in the prices stipulated by THE PRODUCER, and must be paid by THE CLIENT in the time and manner required by the studio.
- The budget for the execution of a MEGAMIX is variable, and will depend mainly on the material provided, the characteristics of the product, its complexity, the possibility of commercial publication and the delivery deadline. This price will be discussed and signed in a legal contract with THE CLIENT, prior to the start of the works.
- When contracting any of our CREATIVE MIXING services, THE CLIENT assumes the obligation to provide the tracks and/or resources that will serve as material for the mixed work that is acquired.
- THE PRODUCER does not sell music for which it does not hold the relevant rights for its commercialisation. The service for which it is hired, and for which it is paid, is for the mixing and transformation action on the tracks previously provided by THE CLIENT.
- As they are modifications not covered by law, the concept of ‘copyright’ is not applicable to them, but to the musical tracks contained. THE CLIENT is ultimately and solely responsible for the use given to the acquired work, including its reproduction, copy and possible broadcasting.
- In order to guarantee what is stated in the previous point, the contract between PRODUCER and CLIENT will include a disclaimer clause that will exempt THE PRODUCER from possible legal actions caused by the potential improper dissemination or marketing of the delivered track.
- THE PRODUCER does not require THE CLIENT to be the owner or assignee of the rights of the material provided. If THE CLIENT does not hold such rights, THE PRODUCER, as a company, will require not to be mentioned, explicitly or implicitly, in any media used for a possible public dissemination of the work by the CLIENT, although it will request that the producer himself, as a natural person, to be referenced.
- If THE CLIENT is the owner or assignee of the rights – including fragmentation rights – of the material provided, and the work is going to be part of a commercial release by a publisher or record label, THE PRODUCER will require to be explicitly mentioned as a producing studio of the work, in the form agreed with the client and embodied in the corresponding contract. The producer himself, as a natural person, will also require to be referenced.
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