ARTICLE 1. GENERAL

  1. These general terms and conditions apply to all instructions for services given to Thomas van Opstal as well as all resulting, ensuing and/or related work performed by Thomas van Opstal on behalf of the Client

  2. By booking a recording session and/or accepting a quotation or invoice the client accepts the general terms and conditions.

  3. Thomas van Opstal services include but are not limited to:

    • Mixing audio tracks

    • Mastering audio

    • Recording audio

    • Room acoustics consultations

  1. The delivery of the final mix folder contains the following files: 

    • Final mix + limited version

    • Instrumental + limited version

    • TV-mix + limited version

    • 5 stereo stems of your choice

    • Additional stems request: stems 

  1. The turnaround time for mix V1 is 14 days, unless agreed otherwise.

  2. Once a final mix is approved, the ‘mix lock’ phase is entered. This entails that after this point there’s no longer the option to make changes to the mix without additional costs. This rule also applies if not all revisions are exhausted.

  3. Thomas van Opstal offers an urgency service where a track can be delivered within 7 business days. The urgency service is subject to additional costs, these costs vary by the amount of urgency. The additional costs are agreed electronically or in writing per track.

  4. Projects are saved up to 3 months, the client must ask for the back-up and save it appropriately.

  5. All indicated terms and conditions are leading, unless specified otherwise in writing.



ARTICLE 2. AUDIO DELIVERY

Song materials can be delivered through online upload services (e.g., WeTransfer) and/or on an external hard drive. The delivered material must meet the following requirements:

  • The filetype of the files is WAV or AIFF in 24-bit

  • The files are exported in the original project sample rate and bit-depth

  • The BPM & key of the song are mentioned in the folder

  • An instrumental & demo/rough mix is included in the folder

  • Separate tracks and vocal tracks without effects are included in the folder (the DRY tracks)

  • The individual tracks are numbered and named accordingly

  • (optional) a reference track is included in the folder

Furthermore, it is expected of the client that the material is audited before sending to avoid confusion, extra time and/or additional costs.

ARTICLE 3. PRICES

  1. Prices will be indicated prior to the approval of a service.

  2. All prices are excluding 21% VAT and in Euro’s.

  3. All prices for mixing & mastering are per track. Recording hours that are reserved and paid for are valid for the time that has been booked. There is no possibility for a refund for hours that haven’t been during the recording session. Residual recording hours are valid for 1 year, based upon the invoice date, and can be used freely within that year.

  4. For urgency projects a 25% price increase applies. Urgency projects have a turnover of max 5 working days.

 

ARTICLE 4. AGREEMENT

  1. Quotations and/or deals are offered in writing and/or electronically.

  2. Quotations and/or deals are to be accepted in writing and/or electronically.

  3. Quotations have a validity of 30 days unless indicated otherwise.

  4. Agreements cannot be put on hold intermediately for longer than 6 months. If the agreement is cancelled after this period has passed, 25% of the amount to be credited will be deducted

  5. With any addition of new tracks during the mixing process additional costs will be charged

  6. Revised/corrected mixes that require a new master will be charged as a regular master



ARTICLE 5. PAYMENT

  1. For mixes 50% of the agreed price will be paid in advance. The remainder will be paid after the first version of the mix is delivered to the cliënt.

  2. Singles, urgency projects and new cliënt’s projects are to be paid in advance fully.

  3. After the cliënt delivered the audio files, Thomas van Opstal will send the summed multitrack back to the client for review. As soon as the client has approved the multitrack, the mixing process will start. From this point on, reimbursement is no longer possible.

  4. Deals with 5 or more tracks are eligible to payment in instalments.

  5. An additional €25, – of administration costs will be charged for payment in instalments.

  6. Recording hours are to be paid in advance in terms of the reservation for the recording room.

  7. Recording sessions are subject to 25% of the balance payable if cancelled within 24 hours of the session date.

  8. The service performed will be to the Client, with the period for payment of fee statements being 14 days from the invoice date. Payment shall be made in the manner indicated on the invoice. If payment is not made within 30 days, the Client shall be in default by operation of law and the applicable statutory interest shall be due.


ARTICLE 6. REVISIONS

    1. Each mix and/or master includes an amount of 2 revisions, unless agreed differently. Costs for any additional revisions are €50,-

    2. All issues of the first mix must be notified for the first revision. Further revisions will only address the issues notified for the first revision.

    3. Should there be more issues to be addressed after the first revision, these will be subjected to extra costs.

ATICLE 7. PROPRIETARY RIGHTS AND CONTENT

  1. Thomas van Opstal promotes his services through audio-visual content offered on various online platforms. These platforms include, but are not limited to:

    1. Instagram

    2. Youtube

    3. TikTok

    4. Patreon

    5. Twitch

  2. Unless agreed otherwise, by submitting files for any of the services offered by Thomas van Opstal, the cliënt will grant Thomas van Opstal permission for the usage of these files for the content mentioned in paragraph 1 without any charge or legal consequence.

  3. However, Thomas van Opstal does NOT claim ANY ownership rights in files, sounds, musical works, works of authorship, applications, or any other materials that you submit for his services. 



ARTICLE 8. LIABILITY

  1. In case of demonstrable negligence and/or improper use in the studio, the client is liable for any damages.

  2. Thomas van Opstal is not liable in any way for any loss or damage to property of the client. 

  3. The legal relationship between Thomas van Opstal and its Client shall be governed by and construed in accordance with the laws of the Netherlands. The court in the Netherlands will have exclusive competence to hear any dispute that may arise between Thomas van Opstal and the Client.

For any questions or more information about our general terms and conditions, please e-mail: contact@thomasvanopstal.com