Terms of Service
These are the Terms of Service under which Lifelong Audio provides you, whether you are the Customer, a Recipient or a Contributor, with the Goods and Services. Following your order confirmation or your participation in the process, you will be deemed to have accepted these Terms of Service and the document below will be a legally enforceable agreement between you and Lifelong Audio. Please, therefore, ensure you read, understand and are happy with these Terms of Service before ordering a product or participating in a project with us.
Application
I. General Provisions:
These Terms of Service apply to the purchase of the Goods and Services by you (the “Customer” or “You”, being the person purchasing the Goods and Services) and to you if you are a “Recipient” or “Contributor” (being the person for whom the Goods and Services were purchased, or a person whose efforts are required to complete the Goods and Services).
We are Lifelong Audio whose trading name is Lifelong Audio Ltd, a company registered in England and Wales whose registered office and trading address is JHD House, 246c Old Ford Road, London E3 5SP, United Kingdom (“Lifelong Audio” or “Lifelong” or the “Supplier” or “Us” “We”).
These are the terms on which we sell all Goods & Services to you. By ordering any of the Goods & Services, you agree to be bound by these Terms of Service. You can only purchase the Goods and Services from us if You are eligible to enter into a contract and are at least 18 years of age.
To deliver the Goods & Services, You agree that We can take directions from the Recipient, and that You buy these Goods & Services as if they were the Customer.
II. Interpretation
“Audio Series” means the final output that has been created by Lifelong using the Customer’s, Recipient’s and/ or Contributor’s input.
“Consumer” means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
“Content” means any audio, photographs, illustrations, video, etc. supplied by the Customer, Recipient or Contributor or by Lifelong or one of its subcontractors;
“Contract” means this legally-binding Terms of Service agreement between You and Us for the supply of the Goods and Services;
“Contributor” means a person that has contributed any content or has been interviewed as part of creating an Audio Series;
“Delivery Location” means the location indicated by the Customer or Recipient where the Goods are to be supplied, as set out in the Order;
“Durable Medium” means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
“Goods”, “Services” or “Goods & Services” means the goods and services advertised on the Website or agreed in written form that we supply to you of the number and description as set out in the Order;
“Order” means the Customer’s order for the Goods & Services from the Supplier as submitted following the step by step process set out on the Website; whether paid for online, by phone, bank transfer or otherwise;
“Privacy Policy” means the terms which set out explaining how we will deal with confidential and personal information received from you via the Website, during creation of the Goods and Services or via third parties;
“Recipient” means the person the Audio Series is about, or the person we are creating the Audio Series with, if it is about a group of people or a third person or an organisation or anything else; this does not necessarily have to be the Customer; the Recipient is the main source of Content usually through interviews with a professional assigned to the project.
“Website” means our website www.lifelongaudio.com and any other related domains on which the Goods & Services are advertised or through which the Services are supplied.
III. Goods & Services and Process
The description of the Goods & Services and process to create them is as set out on the Website, in catalogues, brochures or other form of advertisement. However, any description we have provided is for illustrative purposes only. There may be limited discrepancies in the Goods & Services supplied. We may also adapt the process in order to create the best possible service and final product.
The nature of the Goods & Services You have ordered will be set out in an email confirmation following your order, and is personal to You.
We will produce your Audio Series according to the outline and sample episode approved by you. If you change your mind afterwards and would like to change the outline or style inferred from the sample episode leading to substantially more work we can provide you a quote for the additional work.
We will incorporate any clearly articulated changes to the script you may request in your first round of revisions. It’s your Audio Series so please let us know as many changes in this round of revisions as you’d like, to make the perfect Audio Series. If you are unsure about anything, your editor will be delighted to make suggestions and help you make the right choices. If you change your mind and would like to have more changes in a further round of revisions we can provide you with a quote for this.
If you find any further factual errors we will incorporate these as long as you indicate these to us before approving the final edit.
Please note that it is possible for errors to slip through the cracks for any Audio Series. We will do our best to catch them all but can’t guarantee this.
In order to create an Audio Series, the Recipient is required to move each Stage forward within 30 days. If the client doesn’t do so we reserve the right to impose a reactivation fee of 5% of the price of the project. The reactivation fee will be charged directly to the Recipient. If the Recipient fails to move a project to the next Stage for 60 days per the process set out on the website and in the welcome letter, we reserve the right to close the Project with no refund or final product delivered. Lifelong agrees to attempt to contact the Recipient at least 3 times by email, post, voicemails or a combination during the 30 day period and at least 5 times (in total) during the 60 day period.
Stages are defined as follows:
Providing comments or approval of the initial or subsequent outline and sample episode after they have been submitted to the client;
Providing photos and captions after approving the outline;
Providing comments or approval of the initial or subsequent edits of the Audio Series after they have been submitted to the client;
Providing comments or approval of the initial or subsequent drafts of the website design after they have been submitted to the client;
As most of our Goods & Services are completely custom-made, it is your responsibility to supply us with the relevant information through interviews and electronically via other forms of media, including photos, which We will need to complete the Order. If you prefer to send us documents such as photos by post, we may charge you for handling and scanning these professionally. We will always inform you of additional costs upfront.
It is your responsibility to sign-off or provide adjustments to the work done by your editor and/ or designer. You can provide comments via email, or phone. No Audio Series or Website will be published without your confirmation.
The Customer grants the Recipient the right to buy or add-on additional Goods & Services. If the Recipient and Customer are not the same person, the Customer is not responsible for any add-on Goods & Services ordered by the Recipient unless indicated by you to us in writing.
If you are dissatisfied with any form of the process, you will inform us immediately via an email with the header “Unhappy - Remedy Needed”. You may ask for a call back if you’d like to discuss your issue. You will provide us with the opportunity to remedy any dissatisfaction and we will make reasonable efforts to remedy your valid dissatisfaction.
All Goods & Services which appear on the Website are subject to availability and to change.
We can make changes to the Goods & Services which are necessary to comply with any applicable law or safety requirement at any point in time. We will notify you of these changes.
IV. Grant of Rights and Territory
Term or time of period is the life of the copyright.
Geographic scope: world.
V. Personal Information
Any information retained and used by Lifelong falls under the Privacy Policy.
You expressly agree that we can contact you using e-mail or other electronic communication methods, by pre-paid post and by phone. We will try to stick to your preferred mode of communication.
In certain instances we ask our Recipients for permission to use Content for promotional purposes. We will not publish any of your content unless you provide us with your permission.
VI. Copyright & Confidentiality
Recipients, Contributors and Customers agree that the copyright of any Content is automatically passed on to the Recipient and Lifelong. Recipients and Lifelong can therefore use any content in the Audio Series in the format it was supplied by a Contributor or adapted as they see fit.
The Recipient has the right to share the Audio Series with friends, family members and colleagues. The Recipient is liable for any damages as a result of complaints made about the Content by third-parties including defamation charges.
Audio Series are not produced for publishing to the general public.
Unless otherwise agreed in writing, Audio Series are private and confidential.
The Recipient and Lifelong share the copyright of the Audio Series and any draft versions of the Audio Series. This means Lifelong cannot publish the Audio Series or any part of it, without the permission of the Recipient; and vice versa.
Please let your Lifelong editor know if you would like to publish your Audio Series more widely.
If the Recipient asks permission to publish any Content and this is granted by Lifelong, the Recipient assumes full responsibility for the publication and any damages resulting from that publication, even if the publication is facilitated or executed by Lifelong.
VII. Basis of Sale
The description of the Goods & Services on our website does not constitute a contractual offer to sell the Goods and Services. When an Order has been submitted on the Website, we can reject it for any reason, although we aim to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Goods and Services ordered only when you receive an email from us confirming the Order (the “Order Confirmation”). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Order, but in any event not later than the delivery of any Goods and Services supplied under the Contract.
Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods and Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Lifelong in writing.
We intend that these Terms of Service apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for trading with a business.
VIII. Price & Payments
The price of the Goods & Services and any additional delivery or other charges is the price set out on the Website at the date of the Order or such other price as we may agree in writing and confirm in your Order Confirmation. You will provide us the opportunity to correct any errors we make when quoting a bespoke package.
Prices and charges include VAT at the rate applicable at the time of the Order. Please inform us if you are a business, as different VAT rates may apply.
You must pay by submitting your credit or debit card details with your Order or we can take payment immediately via BACS or telephone.
You can pay either in full before the start of the pre-production process or 50% before the start of the pre-production process and 50% after approval of the breakdown of your Audio Series and your first episode.
In some cases we may offer a ‘refundable deposit’. In this case, the following payment schedule applies:
10% of the total price as a refundable deposit will be paid before the start of the pre-production process. This amount becomes non-refundable when you accept the production plan for your project, or 30 days after payment – whichever is earlier;
40% of the total price will be invoiced upon accepting the production plan for your project.
50% of the total price will be invoiced upon the acceptance of the breakdown and your first episode, that we create on the back of the interviews.
For bespoke packages we may agree different payment terms in writing.
Upgrades are invoiced immediately and need to be paid before we can proceed with the process.
Any invoice we send to you is due for payment within 7 days.
We reserve the right to suspend all work on your project if any payment is overdue.
IX. Delivery
We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay. If any step in the process is delayed by the Recipient or a Contributor, delivery of the Goods is likely to be delayed.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
X. Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods nor any copyright until we have received payment in full.
XI. Conformity
We have a legal duty to supply the Goods and Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
if printed, be in line with the digital version approved by you;
be of satisfactory quality;
conform to their description as set out in the Order Confirmation;
With the Customer’s or Recipient’s final approval of the Website and first episode, the Customer or Recipient confirms that he/she accepts the quality of the Audio Series, Website and physical item, plus agrees that no further comments will be entered or changes requested.
XII. Successors and Subcontractors
Lifelong can transfer the benefits and obligations of this Contract to a third party in case of a sale, merger or legal restructuring.
The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
If the Client is a person it can’t transfer the benefits and obligations of this Contract.
If the Client is a company it can only transfer the benefits and obligations of this Contract to a third party in case of a sale, merger or legal restructuring.
XIII. Circumstances Beyond the Control of Either Party
In the event of any failure by a party because of an act of God:
the party will advise the other party as soon as reasonably practicable; and
the party’s obligations will be suspended so far as is reasonable, provided that party acts reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.
XIV. Excluding Liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession as the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Lifelong will not be liable for any loss of profits, economic loss, or indirect or consequential loss of any kind arising out of or in connection with the Project.
The total aggregate liability of Lifelong, whether in contract or tort, to Customer, Recipient and Contributor under or in connection with the Order or any actions or inactions of Lifelong Audio Ltd and/or its Associates and/ or freelancers providing services on its behalf will not exceed in aggregate the total fee paid for the accepted Order.
XV. Withdrawal, Cancellation and Refunds
You can cancel the Order by sending an email with the title “Order Cancellation” to wehelp@lifelongaudio.com. You don’t need to give us a reason.
Our Goods & Services are personalised. In relation to our standard packages, printing is a small part of the cost of the Goods & Services Lifelong provides. Therefore, if you would like to cancel a project once the audio professional, editor, designer or any other person providing a service directly related to your project has commenced work, your ability to request a refund is limited.
We have the right to deduct costs related to booked travel arrangements and any transaction cost incurred from the amount you are eligible according to Clause 78 and 79.
Before you have accepted the production plan and within 30 days of the Order, you can request a full refund except for certain costs incurred by us that are described in Clause 77;
In relation to partial refunds, if you cancel:
After you accept the production plan or 30 days since the Order, but before your first interview and within 45 days, you can receive 90% of the price of your package if you have paid in full;
After your first interview or 45 days since the Order, but before approving your production plan and first episode and within 90 days, you can retrieve 45% of the price of your package if you have paid in full;
For the avoidance of doubt, you are no longer eligible for refunds after approving your outline or after more than 90 days since the Order.
In all cases, if delays in meeting milestones with respect to completing the interviews, production plan, Audio Series or first edit of the full Audio Series are due to Lifelong we will automatically extend the period you can cancel a project and request a refund.
If life gets in the way, you can request an extension to complete a milestone. We grant one extension of up to 3 months without the need to inform us of a reason. The Client or Recipient is required to request such extension by emailing their editor before the end of the relevant period. Additional extensions are at the discretion of Lifelong. In either case, a reactivation fee of 5% of the total cost of the project applies as it is significantly more work for our audio professionals and editors to pick up a project that has gone cold for a while.
We will make any applicable reimbursement without undue delay, and not later than 28 days after the day on which we are informed about your decision to cancel the Order.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We are not able to repay by check. In such a case, please provide us with an alternative such as the details required for a bank transfer.
XVI. Governing Law, Jurisdiction and Complaints
The Contract (including any non-contractual matters) is governed by the laws of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales.
We try to avoid any dispute, so we deal with complaints promptly.
XVII. Attribution
Lifelong Audio Ltd, 246c Old Ford Road
London, E3 5SP, United Kingdom
Email: wehelp@lifelongaudio.com