Terms and Conditions of Contract
1. The expression "the Supplier" means Rachel Sellers (UK voiceover artist) of RachelsVoice.com. The expression "the Buyer" means the person, firm, company or entity purchasing goods or services from the Supplier.
2. The Supplier contracts on these conditions only, and acceptance by the Supplier of any order from a Buyer will be deemed an acceptance of these Terms and Conditions by the Buyer. No Terms and Conditions other than those set forth herein or any variation thereof under Condition 19 shall be binding upon the Supplier or the Buyer unless provided in writing and signed by or on behalf of both the Supplier and the Buyer.
3. Payment is due within 30 days of the date of invoice (unless otherwise specified by the Supplier).
4. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 (EC Directive), the right is reserved to charge interest at 8% above the late payment period reference interest rate based on the relevant Bank of England base rate on all amounts outstanding for more than 30 days (the Credit Period) from the Issue Date indicated on the invoice; and further to make a statutory compensatory charge on late payments, as follows: for amounts up to £999.99 a charge of £40; for amounts between £1,000 and £9,999.99 a charge of £70; and for amounts of £10,000 and above a charge of £100. Such charges may be applied and added to the debt. Details of these charges can be found at: www.payontime.co.uk/legislation/legislation_main.html (opens in new tab).
5. The right is reserved to levy a minimum charge of £10 for each written reminder or statement produced and sent after the Credit Period.
6. Credit facilities and the supply of any future services may be withdrawn in the event of a breach of these Terms and Conditions.
7. Unless otherwise agreed, all Session and Usage fees are set at no lower than the minimum relevant Equity rates, together with any additional Terms and Conditions published on the relevant Equity rate cards or guidelines in force at the time the service was provided.
8. Fees for voice-overs supplied for radio commercials produced by a radio station or appointed sub-contractor under the Equity Independent Radio Commercials Payments Rate Card are calculated on a one fee per voice performed, per script, per station basis at the relevant transmitting station(s) rates unless otherwise indicated.
9. Fees are set at a level to reflect the stated Usage at the time of booking. Any further Usage on other broadcast outlets, for other advertisers, in other media, beyond the duration of stated licensing terms or the re-use of recorded material in other productions is beyond the scope of the original agreement and must be advised by the Buyer at the point of intended further use, the Supplier's permission sought and appropriate payments made at the Supplier's discretion at or above the rates then prevailing on the relevant Equity rate card. Usage periods will be considered to commence from the date of the original supply of the material.
10. For work carried out after the hour of 6pm and at any time during Saturday and Sunday or on a bank holiday in the UK, the Supplier reserves the right to charge an out of hours supplement. Any such charge will be notified to the Buyer in advance.
11. If the Buyer cancels any contract giving the Supplier less than twenty-four hours' notice, the Supplier reserves the right to charge a cancellation fee of 100% of the fees payable under the terms of the contract.
12. Copyright in all audible and/or written material created by the Supplier remains the property of the Supplier, unless the Buyer and Supplier have agreed otherwise by way of written contract.
13. The Buyer undertakes that they will notify the Supplier if they shall assign, transfer or sell any Contract or benefit to which these Terms and Conditions apply.
14. The Buyer warrants and undertakes that: (a) they will be responsible for obtaining and paying for all necessary licences and consents for the use of any copyright material contained in, or the inclusion of any person in their production; (b) No copy will breach the copyright or other right of or be defamatory toward any third party; (c) they will indemnify and keep the Supplier indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any breach of the above warranties or in any manner whatsoever in consequence of the use of any copy or matter supplied by the Buyer.
15. Prices are quoted net of Value Added Tax (if applicable and unless specifically indicated otherwise) which will be payable at the appropriate rate. (Note: the Supplier is not VAT registered.)
16. In the event of any failure by the Buyer to comply with these Terms and Conditions, the Supplier may terminate immediately any licence to the Buyer to broadcast or perform or otherwise exploit the Supplier's work.
17. If any provision of these Terms and Conditions is held by any Court or competent authority as invalid or unenforceable in whole or in part the validity of the remainder of these Terms and Conditions and of the remainder of the provisions in question shall not be affected.
18. Governing Law: The Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the jurisdiction of the English Courts.
19. These Terms and Conditions may be varied from time to time and will be communicated in writing.
Limitations of liability
The Rachel’s Voice will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Rachel’s Voice has been expressly advised of the potential loss.
Other parties
You accept that, as a limited liability entity, Rachel’s Voice has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Rachel’s Voice officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Rachel’s Voice officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Rachel’s Voice.
Indemnity
You hereby indemnify Rachel’s Voice and undertake to keep Rachel’s Voice indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Rachel’s Voice to a third party in settlement of a claim or dispute on the advice of Rachel’s Voice legal advisers) incurred or suffered by Rachel’s Voice arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Cookies
Cookies and how they Benefit You
Our website uses cookies, as almost all websites do, to help provide you with the best experience we can. Cookies are small text files that are placed on your computer or mobile phone when you browse websites.
Our cookies help us:
• Make our website work as you’d expect
• Improve the speed/security of the site
• Continuously improve our website for you
• Make our marketing more efficient
We do not use cookies to:
• Collect any personally identifiable information (without your express permission)
• Collect any sensitive information (without your express permission)
• Pass data to advertising networks
• Pass personally identifiable data to third parties
• Pay sales commissions
How cookies may be used:
Granting us permission to use cookies
If the settings on your software that you are using to view this website (your browser) are adjusted to accept cookies we take this, and your continued use of our website, to mean that you are fine with this. Should you wish to remove or not use cookies from our site you can learn how to do this below, however doing so may mean that our site will not work as you would expect.
Website Function Cookies
Our own cookies
We use cookies to make our website work, including remembering that you have accepted our notification that this website uses cookies. There is no way to prevent these cookies being set other than to not use our site.
Third party functions
Our site, like most websites, includes functionality provided by third parties. A common example is an embedded Vimeo or YouTube video or a Facebook ‘Like’ , some of which you will find on our site. Disabling these cookies will likely break the functions offered by these third parties.
We use cookies to compile visitor statistics such as how many people have visited our website, what type of technology they are using (e.g. Mac or Windows which helps to identify when our site isn’t working as it should for particular technologies), how long they spend on the site, what page they look at etc. This helps us to continuously improve our website. These “Analytics” programs also tell us if, on an anonymous basis, how people reached this site (e.g. from a search engine) and whether they have been here before, helping us to put more money into developing our services for you instead of marketing spend.
This website uses Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.
Turning Cookies Off
You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies (Learn how to switch off cookies here). Doing so however is likely to limit the functionality of our website and a large proportion of the world’s websites as cookies are a standard part of most modern websites.
It may be that your concerns around cookies relate to so called “spyware”. Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive. Learn more about managing cookies with antispyware software.
The cookie information text on this site was derived from content provided by Attacat Internet Marketing http://www.attacat.co.uk/. If you need similar information for your own website you can use their free cookie audit tool.
Privacy statement
Rachel’s Voice does not collect any personal information via this website unless you contact us through the contact form and subscribe option, where Rachel’s Voice will have a record of your email address.
Securing your data
Rachel’s Voice will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Personal information you provide will be stored securely.
Cross-border data transfers
Personal information that you submit for publication on the website (for example via the Twitter feed) will be published on the internet and may be available around the world.
Updating this statement
Rachel’s Voice may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.
Other websites
This website contains links to other websites. Rachel’s Voice is not responsible for the privacy policies or practices of any third party.
If you have any questions about this privacy policy or Rachel's Voice's treatment of your personal information, please contact Rachel@RachelsVoice.com
Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Rachel’s Voice and its licensors.
Copyright license
Rachel’s Voice grants to you a worldwide non-exclusive royalty-free revocable license to:
• view this website and the material on this website on a computer or mobile device via a web browser;
• copy and store this website and the material on this website in your web browser cache memory; and
• print pages from this website for your own personal and non-commercial use.
Rachel’s Voice does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without prior written permission from Rachel’s Voice.
Data mining
The automated and/or systematic collection of data from this website is prohibited.
Permissions
You may request permission to use the copyright materials on this website by writing to Rachel@RachelsVoice.com
Enforcement of copyright
Rachel’s Voice takes the protection of its copyright very seriously. If Rachel’s Voice discovers that you have used its copyright materials in contravention of the license above, Rachel’s Voice may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Rachel’s Voice copyright materials that contravenes or may contravene the license above, please Rachel@RachelsVoice.com
Infringing material
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this to Rachel@RachelsVoice.com