Terms and Conditions of Supply of theuddermediacompany.co.uk
theuddermediacompany.co.uk (“site”) is owned and operated by The Udder Media Company / Udder Media
Please read these terms and conditions carefully before placing any orders with us. By purchasing products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products on this site.
2. Changes to terms
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.
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.
If the revised terms apply to your order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a [4%] tolerance. Products delivered and packaging may vary slightly from those images.
5. Age restriction
You shall not purchase any Products from our Site if you are below the age of 18 years old.
6. Acceptance of order
6.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Order issued to you by email (Dispatch Confirmation). We are not bound by the Order unless we accept it in writing.
6.2 If there is any conflict between these Terms and any term of the Order, the Order will take priority.
6.3 At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.
6.4 If you have already paid for the Products and we are unable to supply you with a Product because the Product is not in stock or 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 (including any delivery costs charged) as soon as possible.
7. Entire Agreement
8.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
8.3 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.
9. Right to cancel
9.1 Your legal right to cancel a Contract starts from the date on which you receive the Order Confirmation.
9.2 If during the relevant period you intend to cancel the Contract with us, you can notify us of your decision and receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens’ Advice Bureau or Trading Standards office.
9.4 However, you cannot cancel Contract in below cases:
a.) You have received “Processing” notification – in which case the creative process has started and we have already incurred the cost of making the product for you.
b.) When ordering any of our products in Instant Download categories – products that are available for you to download immediately after purchase. This is due to the fact that the digital product once purchased cannot be physically returned. The purchaser is able to sample the product by listening to excessive demo available on each product page – which is a great indication of the product itself.
c.) When your order has been completed.
10. Returns and Refunds
10.1 To cancel a Contract in accordance with clause 9 above, you should e-mail us at [email protected]. Please include details of your order.
10.1.1 Your cancellation is effective from the date you send us the e-mail or post the letter to us.
10.1.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact our customer service team at [email protected]
10.1.3 We will contact you or give you notice by e-mail or by pre-paid post to the address you provided us with your order.
10.2 If you cancel your Contract we will:
10.2.1 refund the full price paid if the production has not commenced.
10.2.2 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 if your order is already processing and you decide to cancel you have to accept that the full refund will not longer be possible.
10.2.3 provide no refund if the order has been already completed and delivered. 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, which makes returns a little trickier.
10.3 If you have returned the order because they are faults or the final product is not as described/ordered, we will provide one free of charge revision to your order.
10.4 Refunds will be made to you on the credit card or debit card used by you to pay.
10.5 If a Product has been delivered to you prior to your decision to cancel your Contract then please see our Returns policy above.
10.6 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens’ Advice Bureau or Trading Standards office.
11.1 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 1-5 working days for spoken audio and 7-14 working days for custom generated audio. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 15 below.
11.2 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.
11.3 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.
11.4 If we fail to deliver Products within 30 days then you may cancel your Order straight away if any of the following applies to you:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential considering relevant circumstances and you made it clear at the time of placing the order; or
- you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.
12. Price and delivery charges
12.1 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.
12.2 Our prices are exclusive of VAT. Correct VAT rate will be displayed at the checkout page once you confirm your address.
12.3 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. 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 mis-pricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.
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
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.
14.2 We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
14.3 Exceptions to Limitation of Liability. Our liability does not exclude or limit in any way:
- fraud or fraudulent misrepresentation;
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- defective products under the Consumer Protection Act 1987;
- breach of the terms implied by sections 13, 14 and 15 of the Sale of Products 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).
15. Circumstances beyond our control
15.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
15.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
- 3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
- you will be notified as soon as reasonably possible; and
- the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.
- If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 10. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights in clause 10.
16.1 Any notice to us should be in writing and sent to us by e-mail at [email protected]
16.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.
17. Script Writing
The Udder Media Company provides paid script writing and commercial production consultations. The product and its terms and conditions are intended only for customers who wish to also purchase audio from The Udder Media Company.
17.1 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.
17.2 All scripts provided are the original work of the Udder Media script writers. Udder Media however retains full copyright on the scripts provided.
17.3 The license is given only to use the scripts in the production supplied by The Udder Media Company 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.
17.4 Scripts that have been provided in the consultations but not used by customer in any production may be used in future Udder Media projects or those of its clients.
17.5 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.
17.6 Customers that provide their own scripts 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.
18.1 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.
18.2 We may refuse to recreate someone else’s work as this is against our code of practice.
18.3 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 The Udder Media Company 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 licencors.
18.4 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.
19. Sound effects and music libraries
The Udder Media Company sells music bed packages ready to download. We certify that all music and elements available for purchase under our Instant Downloads section are 100% royalty free on the following terms:
19.1 All products are licensed for use only by the person or entity indicated as a purchaser (person or entity who is listed on the purchase invoice).
19.2 This Agreement grants the licensee the non-exclusive right to reproduce library components solely for use within other audio and/or visual effects for recording projects. Licensee does not acquire any ownership rights or underlying copyrights, and all rights, title and interest in the library components remain with The Udder Media Company. After the initial purchase of these products additional licensing fees or royalties are not required.
19.3 All production elements will be available after the successful purchase.
We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
20.1 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
20.2 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
20.3 Each paragraph of these Terms are separate and distinct from 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.
20.4 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
20.5 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.
For any questions or queries you can contact us Contact