1. Commissioned Work
When you submit your details for a personalised song (the “Work”), you (“the Client”) authorise [Your Business Name] (“the Producer”) to create and deliver a unique musical composition and recording (the “Song”) based on your information, story, or instructions.
2. Ownership and Intellectual Property
- Upon full payment, the Producer assigns to the Client all copyright in the final Song, including the composition, lyrics, and audio recording.
- The Producer retains the right to use short excerpts or samples (up to 30 seconds) for promotional, marketing, or portfolio purposes, unless the Client requests otherwise in writing.
- All pre-existing material, templates, or backing tracks remain the property of the Producer.
3. Change Request (One Revision Only)
- Each commissioned Song includes one (1) change or revision at no additional cost.
- A “change” is defined as a minor alteration (for example: lyric adjustment, vocal phrasing, or mix balance).
- The Client must request this change within 14 calendar days of receiving the first draft.
- Any further changes beyond the first revision will incur an additional fee, to be quoted before commencement of further work.
4. Delivery Timeline
- The Producer will use reasonable efforts to deliver the first draft within the timeframe stated at the time of purchase.
- Delivery times may vary depending on workload, creative requirements, and Client responsiveness.
5. Refunds and Cancellations
- Once creative production has commenced, all payments are non-refundable.
- If the Client cancels before production begins, a partial refund may be issued at the Producer’s discretion, less any administrative or preparation costs.
- Refunds will not be granted for changes of mind after delivery of the final Song.
6. Client Warranties
- The Client warrants that all materials, lyrics, names, or information provided do not infringe any copyright, trademark, or moral rights of any third party.
- The Client indemnifies the Producer against any claims or damages arising from the Client’s breach of this warranty.
7. Limitation of Liability
To the fullest extent permitted by Queensland law, the Producer’s total liability for any claim, loss, or damage arising out of the production or delivery of the Song shall not exceed the amount paid by the Client for that Song.
The Producer is not liable for indirect, incidental, or consequential loss.
8. Dispute Resolution
Both parties agree to attempt to resolve any disputes through good faith discussion.
If unresolved, either party may refer the matter to mediation under the Dispute Resolution Centre Queensland before considering legal proceedings.
9. Governing Law
This agreement is governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.