Terms of Service (ToS) – January 2022

This Service Agreement (“Agreement”) between the “Client” (Client or Producer) and “Wild Haggis Media” (WHM) and applies to the provision of audio editing, coaching/consultancy or additional services as agreed with WHM.

1. Engagement of Services. The Producer engages with WHM to perform editing and mixing services (“Services”) in connection with the audio editing and mixing of the audio (the “Work/Podcast/Audiobook”).

2. Production Schedule and Guidelines. WHM will acknowledge receipt of client files within three working days from the Producer.

Scope of work and delivery schedule is to be agreed before the commencement of any service activity by WHM.

WHM agrees to cooperatively and professionally work any client-defined third parties related to the agreed service provision.

3. Producer Approval. The Producer shall have the right to approve or reject the provided services at any stage of production or supply and upon completion. The Producer agrees to work with WHM in good faith in regards to the Producer’s right of the approval process, including making timely and constructive suggestions to help WHM deliver the agreed Services to Producer’s specifications.

WHM shall provide up to two free producer revisions as part of the service provision.

4. Payment Terms. Full consideration for the Services performed by WHM under this Agreement, and provided the WHM has not breached Agreement, the Producer will pay WHM the amount invoiced for the Services, immediately upon receipt. Unless specified otherwise agreed in writing between the Producer & WHM, each is responsible for their own banking/processing charges and expenses concerning the provision of the services.

5. Termination/Cancellation.

• By WHM May terminate this Agreement by giving the Producer forty-eight hours written notice before the date on which the WHM work schedule is to commence. In such cases, the Producer will owe no payment to WHM.
• By Producer. The Producer may terminate this Agreement by the provision of a written notice of termination to WHM if the Producer is not satisfied with the final editing of the recording, subject to payment of a cancellation charge equal to 50% of the cost of WHM’s Services based on the invoiced price outlined in Section 4.
• Where the provided service includes the purchase of equipment for the Producer, the client agrees to make immediate full payment upon receipt of invoice of the supplied equipment.

​6. Ownership. WHM agrees that all titles and interest in the edited work is transferred to the Producer upon WHM’s receipt of full payment. 

7. Representations and Warranties. The Producer and the WHM represent and warrant that: (a) the Producer and WHM are free to enter into this Agreement and to perform the WHM’s service obligations as required by this Agreement, (b) WHM and the Producer have made no agreements or commitments that prevent or interfere with the performance of the WHM’s obligations under the Agreement, and (c) neither the Services nor the materials used to provide the Services will infringe upon or violate the intellectual property rights or any other statutory law of any third party. For the benefit of WHM, the Producer warrants they have all required rights required for WHM to perform the Services according to the Agreement.

8. Equipment Warranties. All supplied equipment warranties lie with the original equipment manufacturer. It is the responsibility of the client to register equipment provided for warranty purposes.

9. Independent Contractor. WHM will provide the Services to the Producer on an independent contractor basis. The WHM is solely responsible for the payment of all taxes applicable to all sums paid to the WHM hereunder. 

10. Arbitration 

a) In the event of any dispute or difference arising between the Producer and WHM in connection with or arising out of the Contract, the Producer and WHM shall endeavour to settle them in an amicable manner.

b) Any dispute which cannot be settled by mutual agreement shall be finally solved under the arbitration proceedings under United Kingdom Law, carried out by an agreed impartial third-party specialist in the United Kingdom.

c) Any award made pursuant to the said Arbitration shall be final and binding upon both parties.