Terms and Conditions
These Terms and Conditions are a legally binding contract between you (“User”, “You” or “Your”) and The VoiceOver Network Ltd. Trading as Elements Demos (“the Company”, “We”, “Us” or “Our”) regarding your access and use of the Website, any products or services acquired by you from us, as well as all software tools and functionality provided by the Company.
The VoiceOver Network Ltd is a registered company in England & Wales, Company number: 09393690
2. Additional Terms
Some Services offered by the Company may require you to agree with and accept additional terms and conditions than those stated in this Agreement. When you use services that are governed by additional terms and conditions, you expressly agree to abide by such additional terms.
3. Key Terms
Unless expressly stated otherwise, the following terms shall hold the meaning as specified hereunder:
“Client/s”- refers to any User who purchases any service or product from the Company.
“User”- refers to all registered as well as unregistered website users including website visitors and clients.
“Service”- refers to all services offered by the Company as defined in article 5 below and includes all website features and functionality.
You must be at least eighteen years of age to use our Services. Please do not access or use any our services if you do not meet the age eligibility criteria or in any way lack capacity to enter into a legally binding agreement with the Company.
IN THE INTEREST OF PROTECTING CHILDREN’S PRIVACY, USERS UNDER THE AGE OF THIRTEEN YEARS ARE STRICTLY PROHIBITED FROM ACCESSING THIS WEBSITE AND PROVIDING ANY PERSONAL INFORMATION THROUGH THE WEBSITE. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN.
5. Elements Demos Services
The Company offers voiceover demo production and coaching services. All of our services are listed on our website and subject to availability. Please note that all service fees are quoted in GBP unless stated otherwise. Although we take all reasonable care to ensure all our service fees as specified on the website are correct, we cannot offer any guarantees. In case of errors in pricing on your order, we will contact you and offer you an opportunity to place your order at the correct price. Any offers listed on our website may become invalid at a date specified by us and/or after the offer ceases to appear on our website. Please note that the Company uses offers to increase its marketing reach, therefore an offer may only be redeemed once per person.
You understand and accept that the delivery timeframes provided by us are estimates only and we do not offer any guarantees as to the time and date of delivery of your Demo. We do not accept liabilities for any delay in delivery.
Users are required to have access to the internet to make use of our coaching services and any costs and effort associated with accessing the internet are solely for the User’s own account. The Company will not be held liable for any data charges paid by any Users under any circumstances.
ii) Demo Production Service Terms
The Company offers a range of Demo production options for Users to choose from to suit their needs. Demo production session bookings are subject to availability. Prices will be confirmed by email.
Please note that bookings are only confirmed upon receipt of a 50% deposit payment which must be paid within seven days from the receipt of booking email from the Company. By making your deposit payment, you expressly agree to be bound by all the Demo production Service Terms outlined in this Agreement.
The balance will be due on receipt of invoice when the final edits have been made and prior to the final copy being sent to the Client. The Company retains ownership of version of the Demo until full and final payment has been received and the client is not permitted to use it in any form until this time.
iv) Deposit Refunds
Excluding Gaming or Animation Voiceover demo bookings, a client may cancel a recording session booking and request a full refund of deposit at any time within 14 days from the date of deposit payment. After this time or if we have undertaken any work relating to the booking (for example script preparation, recording, or any other aspect relating to the production of the demo), the deposit becomes non-refundable.
v) Session Postponement by Client
Please contact Josie@elementsdemos.com to request postponement of your recording session;
There is no additional postponement fee where a Client requests postponement of a recording session at least 72 hours prior to the booked session date. The client will be required to agree upon a new recording session date within seven days from the date of initial postponement request. The new booking date must be within 6 months of the postponed date.
Any postponement requests (for any reason) made within 72 hours of the scheduled booking session may incur a postponement fee of £150.
vi) Cancellations by Client
If you wish to cancel your booked recording session, please send us an email at firstname.lastname@example.org
If you cancel your scheduled session at least 72 hours before the booked recording session (see above on normal working hours of the company) you will forfeit your deposit payment (unless the terms of clause 5(d) apply).
If you cancel your booking within 72 hours of the booked recording session date, you will forfeit your full deposit as well as become liable for a cancellation fee calculated at 50% of the full booking fee less the deposit already paid. This cancellation fee will be payable before 18:00 GMT on the date of original booking. Failure to complete payment by this time means that you will be charged the full demo session fee balance.
In exceptional circumstances, the Company may choose to waive the cancellation fees but such waiver is at the discretion of the Company’s Management.
vii) Cancellations and Session Postponement by Company
The Company reserves the right to cancel a booked recording session at any time by issuing a full refund and without incurring any additional liability.
We will aim to give you at least 24-hours notice in the event we need to postpone and reschedule a session, unless exceptional circumstances apply .
viii) Scheduled Session Time
If a client arrives late for a recording session, we will do our best to accommodate you, but we cannot guarantee that there will be flexibility for the recording session to run over.
x) Vocal health
It is solely the client’s responsibility to attend the recording session in optimum vocal health.
xi) Recording Equipment
It is the responsibility of the Client to ensure that their Home Studio is correctly set up and that they have access to all relevant equipment. A sample will be requested by the Company and assessed prior to the recording taking place. Any issues will be brought to the Client’s attention so that they can take steps to remedy them.
In the event of not being able to remedy any issues, or the client not having a home studio, the client will be responsible for sourcing a suitable studio to record in and will be liable for any costs incurred as a result.
The Client grants the Company, its successors and assigns the unlimited right to use any images captured during a recording session and completed Demos, for any commercial, promotional and/or informational purposes as deemed best by the Company in all forms and in all media throughout the world and in perpetuity. The Client accepts and agrees that the client does not have any rights to any editorial content and all rights belong to the Company and its successors.
The Demo remains the property of the Company until full and final payment has been received and the client is not permitted to use it in any form until this time.
Individual clips of each part of the Demo are available at an extra cost. Clients should contact email@example.com if they would like to purchase the clips.
It is solely your responsibility to ensure that material provided by you does not violate any third-party’s intellectual property rights, including copyright.
For any existing voice tracks that you provide us for editing, it is solely your responsibility to make sure any necessary copyright clearance is obtained before we are requested to edit the track. We do not assume any liability for any copyright violations as a result of your failure to obtain requisite clearance. You hereby indemnify the Company, its contractors, and employees against any such liability arising from your violation of the copyright of another person.
Please note that any material provided for Gaming or Animation voiceover recording sessions must not be used outside of the recording session or for any other voiceover production work other than that offered by Elements Demos.
Wherever possible and specifically on the client’s own website, Elements Demos should be credited by inserting the following credit: “Demo directed and produced by Elements Demos”.
xvi) One-to-one coaching
The Company offers remote hourly coaching using zoom, prior to the recording of the Demo at an additional cost. Contact us (firstname.lastname@example.org) to arrange a booking.
A client may cancel their one-to-one booking and request a full refund of fee paid by them at any time within 14 days from the date of payment. Please note that all one-to-one coaching fees are non-refundable after the fourteen-day cooling off period.
xvii) Payment Processing
We currently accept payments through Stripe payment gateway. By selecting to pay online, you further agree to abide by the terms and conditions of the payment processor you use to make the payment. To learn more about the legal policies and practices of Stripe, please click here and for PayPal’s legal agreement, please visit this link.
xviii) Refunds and Cancellation
All refunds are processed using the same payment method that you used to purchase the product and made to the person who made the original payment. As we rely upon our Payment Processor to process refunds, we cannot offer you any guarantees as to the exact date and time for refunds reaching your account.
xix) Your Content
Your content is solely your responsibility. You are advised to backup all your data that you send to us. Please take note that we reserve the right to but are under no obligation to keep your content. We only store your content if specifically requested to do so. In all other cases, we safely purge your content through a secure third-party service provider.
6. Intellectual Property
Excluding your User Content, all content and services made available by The VoiceOver Network Ltd. T/A Elements Demos including without limitation, the text, graphics, audio, video, interactive features, code, marks, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights and international conventions. You agree not to copy, sell, transfer, assign, reproduce, publish, disassemble, decompile, reverse engineer or distribute any Company Content in any way except as intended under the Agreement. You also agree not to adapt, alter or create any derivative work from any Company Content without the prior written permission of an authorised Company representative.
You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licences to use. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited. This Agreement grants you a limited non-exclusive, non-transferable license to use The VoiceOver Network Ltd. T/A Elements Demos for your personal use only.
7. Copyright Disputes Policy
We respect the intellectual property rights of others and do not condone any intellectual property law violation.
If you believe that your copyrighted material or content is posted, uploaded or made accessible through The VoiceOver Network Ltd. T/A Elements Demos without your authorisation, please contact us at the email address provided below with the following information:
1. Identification of the material or content that is claimed to be infringing your copyrighted works;
2. Description of the original content that is claimed to be have been infringed;
3. Your contact information including your name, phone number and email address;
4. A statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us with regard to the copyrighted work.
5. A statement by you that all information provided by you to us is accurate and complete;
8. Disclaimer of Warranties
All services provided by the company are provided to you on an “as is” and “as available” basis without any representation of warranties of any kind. We neither represent nor warrant that the service will be uninterrupted, error-free or completely secure and the entire risk as to the satisfactory quality, performance, accuracy, and effort rests with you. The company expressly disclaim any and all warranties, express, implied or statutory, including but not limited to warranties of fitness for a particular purpose, merchantability, workmanlike effort, accuracy, title, non-infringement; warranties or conditions arising through course of dealing or usage of trade. You accept that your use of services provided by the company is solely at your own risk.
9. Limitation of Liability
In no event shall the Company be held liable for any indirect, consequential, special, incidental or punitive damages arising out of or associated with the use of The VoiceOver Network Ltd. T/A Elements Demos. The above limitation of liability shall apply to the maximum extent permitted by applicable law regardless of whether the damages arose from breach of contract, negligence or any other legal theory. If you do not agree with this limitation of liability please cease using our service immediately.
Some jurisdictions do not allow limitation of consequential damages, if the above limitation of liability provision does not apply to you, in no event shall the total liability of the company arising out of or associated with this agreement or your use of the services exceed the greater of: amount paid by you to the company in the month when the issue first arose, or fifty pounds £50.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you;
(ii) Your gross negligence or willful misconduct; or
(iii) the infringement by you, or any third party using your username and password, of any intellectual property or another right of any person or entity.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflict of laws.
If any provision of this Agreement is found to be invalid or for any reason unenforceable, that provision will only be limited to the minimum extent necessary, and the remaining provisions will remain fully enforceable.
13. Force Majeure
Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.