Terms and Conditions

1. These terms and conditions constitute a part of the contract between Fabrika 13 and Client. Additional terms and conditions may be included in Client's purchase order or other acceptance approved in writing by Fabrika 13.
   
   
2. The Client is entitled to the execution of reasonable sonic changes (further mastering or pre-mastering) to the sound of the final mastered product as supplied by Fabrika 13. Fabrika 13 does not guarantee the client's satisfaction or the quality of the final mastered materials because of limitations of technology and the varying nature and quality of the supplied audio materials. The artistic wishes and recommendations of the Client regarding the material to be mastered will be adhered to as much as is possible. Such imposed limitations do not exempt the client from obligation to pay Fabrika 13 the original agreed proforma invoice or invoice amount for the mastering work performed on the material.
   
   
3. All valid prices for mastering services and additionaly services can be find on www.fabrika13mastering.net.
   
   
4. The Client will be provided with reference copy, before the final pre-master is being created. Approval or suggested changes to each approval reference copy must be received by Fabrika 13 within 14 days after delivery of reference copy. A project is considered fully approved and will therefore be finalized and delivered to the Client, when the Client explicitly tells Fabrika 13 via email or any other form of communication or when no approval or suggested changes are received to said approval reference copy within 14 days after the delivery of reference copy.
   
   
5. The client can choose Fabrika 13 mastering ingineer and be provided with test mastering of one song of the project. If they agree with that, the choice of session is next step. Payment in full is required before Fabrika 13 and it's mastering engineers begins any work. You may choose one of the following payments methods: credit cards or bank/wire transfer.
   When you make a purchase over the Internet with your credit card, it will be billed by WorldPay Ltd., (www.worldpay.com) a company that processes orders and collects payments on behalf of Fabrika 13. WorldPay is part of The Royal Bank of Scotland Group. Please note: Fabrika 13 do not store credit card details.
   When your payment is successfully completed we will send you a paper copy of your invoice. You may also contact us to obtain an invoice.
   
   
6. Fabrika 13 does not provide any refunds subsequent to work commencing on mastering projects. Projects which are scheduled, but have not been formally commenced, and for which payment has been received, will be refunded in full upon a client's request, minus a 25% preparation and scheduling fee. Once work has commenced on mastering projects, refunds are not available and Fabrika 13 will continue to make changes to un-mastered track(s) upon request.
   There may be circumstances where a refund is deemed necessary - e.g. mastering studio technical problems where the customer is not getting the service they believed they signed up for or payed. Refunds may occasionally be offered at the discretion of the Fabrika 13 and its Signatory. To receive a refund, you must provide a detailed explanation of the reason for your return. Please allow 30 days for the processing of all returns and exchanges. Fabrika 13 will not be obligated to honor any requests after 30 days.
   
   
7. It is the clients responsibility to ensure the safety of the original audio materials provided by making backup copies before sending materials to Fabrika 13.
   
   
8. Should the Client wish to deliver the original un-mastered materials to Fabrika 13 via any third party whether it is sent via post, registered post or courier, the risk of loss or damage to the original materials is entirely the Clients.
   
   
9. The Client is obliged to provide un-mastered audio material to Fabrika 13 in an agreed delivery format by the agreed date of delivery to Fabrika 13 as reflected on the relevant written Quote.
   
   
10. Fabrika 13 and it's mastering engineers accept no responsibility or liability for losses or damages, whether emotional, financial, material or physical, incurred as a result of the commercial success or failure of the final material mastered by the Fabrika 13 mastering engineers.
    
    
11. Fabrika 13 assumes that the Client possesses the relevant legal and intellectual rights pertaining to the audio material supplied by the Client or their representative to Fabrika 13 for mastering. As such, Fabrika 13 can accept no responsibility or consequent liability for prior, present or future illegal or inappropriate use of any audio material, or part thereof that it receives for the purpose of mastering or is currently mastering or has mastered. The adherence to and fulfilment of the conditions of all relevant commercial and criminal laws pertaining to the prior or subsequent creation, use and distribution of audio materials supplied to Fabrika 13 and it's mastering engineers and received by the client in the mastered state remains the sole responsibility of the Client and or their representative (signatory).
    
    
12. In the event of the reproduction, packaging or distribution of any materials, or part/parts thereof, in any audio format whether analogue or digital, mastered by Fabrika 13 and whether for the purposes of sale or for promotional activities, then – The words, "Mastered by (name of mastering engineers) for www.Fabrika13mastering.net" must appear as a credit on the printed material accompanying the recording or as part of the text accompanying credits delivered in an electronic format, or in the case of a physical storage medium such as CD – on the storage medium itself.
    
    
13. In the event of the audio material which, having been mastered by Fabrika 13 or it's mastering engineers, or any part thereof, is distributed for sale, promotional or any other commercial purpose, whether forming the entire content of the distributed collection of audio recordings (as in the case of a compilation) or part thereof, then – All such tracks must be the final product or identical copies of the final mastered materials as mastered by Fabrika 13 and it's mastering engineers and may not undergo further editing or audio alteration before duplication or distribution.
    
    
14. Fabrika 13 and it's mastering engineers accept no responsibility for loss or damage to audio materials, whether mastered or un-mastered, or their respective storage mediums, which is lost or damaged while in transit or otherwise in the possession of a third party such as the postal services or a courier company and whether in transit to or from the Client.
    
    
15. Fabrika 13 does not retain any copies of the client's project. If the client would like Fabrika 13 to keep an archive of mastered project, Fabrika 13 will do so for an additional time, based on the size of the project, up to 3 months, since the end of the project. End of the project means, that pre-master is send to Client. Fabrika 13 will only archive material they have worked on. While Fabrika 13 may be able to retrieve the project at any given time, within 3 months, Fabrika 13 or it's mastering engineers, can not be held responsible for any partly or complete loss of the clients archived project.
    
    
16. Fabrika 13 tests all final pre-master storage media (CDR) for errors before delivery but does not guarantee that the supplied storage media is error-free and will not accept responsibility for losses incurred due to failures of storage media or the media writing tools used to produce them. It is the clients responsibility to ensure that the received storage media is complete, functional and without errors prior to duplication or reproduction of the media or the material contained therein. Please listen to your master copy before delivering it for duplication. Please ask duplication plant to provide you test CD, before go to production. This is a last chance to make sure there are no problems with the pre-master before it is used to make your CDs! We hold Client responsible for making the final approval of the disc you will submit to any replication or duplication plant.
    
    
17. We will fix any mistake or error on our part at no charge, but we assume no liability for anything you accept from us. It is very rare, but on occasion, a click, gap or other unexpected sonic issue may occur in the audio on the disc that may or may not be caused by faulty media. Fabrika 13 cannot be held liable for these errors. To reiterate, if an audio error is found on a disc, the disc will be replaced at no charge to you. Therefore, it is highly suggested that you take your replication master disc and listen to it at least one time "from beginning to end" on a quality CD player, through quality loudspeakers or headphones - remembering to also check for correct placement of track start locations. Your part is also to keep your pre-masters totally clean and free from scratches or dust! Do not listen to your master in a moving vehicle, as scratches commonly occur in those cases.
    
    
18. Client acknowledges that compatibility of CD and/or DVD's produced hereunder with all commercially sold CD and/or DVD players may not be possible given the differences inherent in such players, and Client further acknowledges that Fabrika 13 does not guarantee such compatibility. Client hereby releases Fabrika 13 from, and agrees not to make any claim against Fabrika 13 for CD and/or DVD incompatibility with any particular CD and/or DVD player or players.
    
    
19. Fabrika 13 and it's mastering engineers are not obliged to disclose details of any part of the mastering process to the Client or their representative. All mastering processes, equipment settings, encoding settings and mastering techniques are the sole intellectual property of Fabrika 13 and it's mastering engineers and will not be released or may not be acquired whether deliberately or accidentally without written permission of Fabrika 13 Signatory.
    
    
20. Fabrika 13 and it's mastering engineers do not necessarily agree with or endorse the content of the audio materials provided to Fabrika 13 for mastering and no such agreement or endorsement is stated or implied by Fabrika 13 contractual agreement to perform the service of mastering the audio material in question.
    
    
21. The Client at all times and under all circumstances takes full responsibility for the political, sexual, violent or otherwise immoral words, concepts or gestures contained in audio materials supplied to Fabrika 13 or it's mastering engineers and irrespective of it's stage in the mastering process, which may be deemed illegal or unsavory or international law. Fabrika 13 does not claim ownership of such materials even if in possession of such materials and can not be held responsible for the consequences of the deliberate or accidental broadcast of or dissemination of through other means of any material it receives for mastering, is mastering or has mastered.
    
    
22. Fabrika 13 will act to conserve the privacy and secrecy of all audio materials it receives for mastering and will not provide the material whether mastered, un-mastered or in the process of being mastered to anyone other than the Client, an employee of the client, or their elected representative as reflected on the quote.
    
    
23. Fabrika 13 cannot be held responsible for loss of intellectual property and consequent emotional, physical, material or financial losses suffered by the Client through theft or loss through transmission and subsequent interception of audio material whether in physical, analogue or digital formats by parties for whom such transmissions were not intended, or through loss due to illegal access to Fabrika 13 computer systems or hacking, or as the result of a computer virus.
    
    
24. Terms and conditions are subject to periodic change without notice.
    
    
25. This agreement shall be governed by and interpreted in accordance with the laws of the Republic of Slovenia. Exclusive jurisdiction and venue for any legal proceedings related to this agreement shall be in the District Court of Ljubljana, Slovenia. You hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.

Definitions:
"The Client" means the party utilising the mastering services of Fabrika 13, d.o.o., as reflected in the "Client" field on the invoice.
"Fabrika 13" means the registered legal entity of Fabrika 13, d.o.o., and Fabrika 13 Mastering, and it's mastering engineers
"Material" means audio or video material, whether music, speech or any other form of analog or digital audio and/or video signal, contained on any format, such as on computer hard drive, on storage media such as CDR or DVDR, or/in analogue format of any description, such as ¼ inch tape or audio cassette.
"Mastering Engineer" means the person to execute the audio changes to the client's supplied audio and/or video material.
"Signatory" means the natural person signing the invoice and/or other documentation, such as whose name and signature appears on the "received by" and "print name" fields of the relevant documents (quote, pro-forma invoice, invoice or receipt).