1 BOOKINGS AND ORDERS

a) Bookings and orders can only be confirmed by receipt of confirmation by either post, e-mail or facsimile transmission or an official signed order.  Details of booking must include name and address for persons to which invoices are to be made out to.  Messages left on our answering machines do not constitute a confirmed order.

b) In the case of bookings received five days or less from commencement of a session of no more than two days duration, no deposit is required, however confirmation by fax, e-mail or letter is still required.  For longer sessions deposits would still be required prior to commencement of the first session.  Cancellation charges do not apply to 'last minute bookings'.

c) We reserve the right to allocate time for confirmed bookings over unconfirmed bookings.

2 PAYMENT TERMS

a) In the case of sessions valued at £1,000 or less, a 10% holding deposit must be made by either cash, postal order, bankers draft, cheque guaranteed by bankers card or credit card online within 7 days of written confirmation of booking (as above) and the balance to be paid in full on the last day of the booked session.  Should payment be made by cheque no media will be given to client until cheque has cleared.  For regular customers booking sessions up to £1,000 no deposits will be required.

b) In the case of sessions over £1,001 for clients without an account, a minimum of a £100 holding deposit must be made within 7 days of confirmed booking. A Further 15% of agreed fee to be paid on commencement of session and interim payments of at least 15% are to be made by either cash, postal order, bankers draft, cheque guaranteed by bankers card or online credit card every five days at the rate to be agreed prior to commencement of the session.

d) We do not allow credit terms to any company.  Payment upon completion is requested at all times

e) We reserve the right to ask for full payment in advance of the agreed session fee.

g) Cheques not guaranteed by bankers cards must be presented in time so that they may clear by the last day of the session, or media will be retained until cheques have cleared.

h) Should invoices not be paid we will hold on to any media until payment is made in full and any amount outstanding by any clients interest will be charged at 2.5% accruing per month until payment is made in full.

i) Payments by cheque, bankers draft or postal order should be made to "Mark Stuart".

j) As our business is a service industry County Court proceedings will be taken out for any amounts outstanding of over 60 days.

3 RATES

a) Rates are on a 'menu' basis and full price lists are available at all times.  They can also be seen within this web site.  We reserve the right to change these at any time.

4 DISCOUNTS

a) Various discounts are available depending on payment method, customer status and amount of time booked.  See rate card.

5 CANCELLATIONS & POSTPONEMENTS

a) Bookings cancelled 10 days or more in advance will be entitled to a refund of any holding deposit made less a £15 administration charge.

b) For bookings cancelled between less than 10 days in advance the holding deposit will be retained.  Should the deposit already received be more than 10% a refund of the difference will be made. In the case of a postponement and the session being rebooked the deposit will be carried over and no extra fees charged.

d) For sessions postponed due to illness less than 10 days in advance, the deposit will be retained until i) a doctors certificate is produced or ii) the session is re- booked, in which case the deposit is carried over to the new booking.  If the session is cancelled due to illness the deposit will be returned less a cancellation charge of £15.

e) For partial cancellations i.e. longer sessions finishing before time, the non-required time will still be charged.  However if client rebooks further time a 'roll over' will be allowed into the next session.

f) All rates and deposits are negotiable and at the discretion of the owners.

6 TITLE AND RETENTION OF GOODS

a) MAD HAT'S STUDIO retain title / ownership of goods and all recordings until full payment has been received.  Any recorded material leaving the studio unauthorised and being made commercially available or used in any promotion prior to payment being received may incur possible legal injunctions.

b) No media whatsoever will be passed over to non-account clients until full payment has been received and all cheques cleared.

7 CLAIMS

a) In case of shortages or damage in transit of recorded material it is necessary for you to notify both the carriers and or ourselves immediately, or claims will not be entertained.  We cannot accept responsibility for losses arising from non compliance with these provisions.

b) In case of claims for quality loss during transfers of master recordings within the confines of Mad Hat's studio, the transfers will be re-done at, no extra charge, providing sufficient evidence is provided and the offending copy(ies) are returned.  In the case of third party transfers we accept no responsibility for quality loss of transfers.

c) In case of claims regarding service, these will only be entertained before any master tapes are handed over.  Acceptance of any master tapes assumes that the client is happy with the service we have provided.

d) We cannot accept responsibility for loss or damage to any personal equipment outside the terms of our normal insurance policy.  Please ask for details.

e) We cannot accept any responsibility for loss or damage to any tape or media (multitrack or master) stored on our premises.  We do not accept any responsibilty for making back up copies of any recordings, we do advise that you do this if you are returning to our studios to continue with sessions produced over a period of time.  There will be a charge for this service.  We endeavour to store our tape and media in the best possible conditions should you require us to store it for you.  Mixed stereo master recordings are never erased and copies are kept at the studios unless otherwise indicated.

8 GENERAL CONDITIONS

a) Please treat the studio as though it were your own, make yourself at home, however we would be obliged if you could keep it reasonably tidy and not make a nuisance of yourselves to any other users of the studio, the staff and any neighbours of the studio.

b) A full inventory is made of the studios unfixed equipment prior to the commencement of your session and again at the end.  We may require you to sign an inventory sheet upon commencement of the session.  Any losses or pilferage therefore is immediately noticed and would be invoiced accordingly.

c) Any deliberate damage to equipment will not be tolerated and any damage will be charged to the offenders accordingly.

d) We reserve the right to cancel or postpone a session at a moments notice for any reason whatsoever and full refunds of any deposits will be made accordingly.

e) Any 'downtime' caused by mechanical or technical malfunctions will be made up accordingly in time, no money refunds will be made.

f) We reserve the right to amend any of these terms and conditions or rates of the studio at any time and without any notice.

9) RECORDINGS OF NON ORIGINAL MATERIAL

a) It is the responsibility of the client and or artiste to ensure that permission has been granted by the original owners of music, songs or any form of material whatsoever that has copyright or publishing belonging to other persons (cover versions for example) that are or have been recorded at Mad Hat's Studio. Mad Hat's Studio do not accept any responsibility for any litigation made against the client and or artist in these circumstances.

10 DEFINITIONS

a) Multi-track tape is any format of multitrack recording medium. Master tape is the mixed stereo master in any form or style whether it is on tape,  or optical media.  Media is alternative formats of recording medium such as hard drives, zips, etc.  Client is the party who is responsible for payment of the account, the artiste is the actual user of the studios facilities, a session is the actual period booked and confirmed in writing by the client to be used by the artiste.  Tapes are any known format of recording medium.  Last minute bookings are considered bookings confirmed to the studio less than 5 days prior to commencement.  Downtime is time in the studio where the session stops for any reason whatsover other than that caused by the client or artiste themselves.

E & O.E June 2008