Final Fade 

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Disclaimer

By accessing Final Fade Productions site, you signify that you have read and understood the below Final Fade Productions Disclaimer of Liability, Copyright statement, Warranty and Terms and Conditions.

 

Our online licences are priced per unit, for use in a single digital video, radio ad or production.  Duration of a single usage is for three months of usage, thereafter you will have to download the same track or video again.  Should you require extra usage for a campaign or a single track used on more than one video, a music cue sheet needs to be submitted through the Capasso licencing process of South Africa.

Unauthorised synchronisation use, copying, retail, hiring, lending, broadcast and public performance of our music is prohibited.

The copyright and master rights in the music and video on this website are owned by Final Fade Productions Pty Ltd. 2007/020262/07 . Should you breach any of our terms and conditions, we reserve the right to take legal action. Service and all materials therein or transferred thereby, including, without limitation, software, logos, patents, trademarks, service marks, copyrights, audio, music, video and all Intellectual Property Rights related thereto, are the exclusive property of Final Fade Productions Pty Ltd. 

Reporting extra music or video use:

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The download rate covers use of the music track or video in only one production. Any changes to your original production, trailers adverts, film, videos will classify as a ‘new’ production and the extra usage information needs to be sent via a cuesheet. In the case of video, a new download of the video is required for any other single production or video, advert, documentary or film. Cuesheets can be attained at the Capasso and Samro web pages. 

As with any extra usage used in productions for TV, radio, broadcast, digital video or cinema, you’ll need to fill in a music cue sheet and submit. Please send a copy of the cue sheet to admin@finalfade-productions.com. Final Fade Productions is a member of the South African organisations, Capasso and SAMRO and all of our music is licenced and copyright protected in South Africa and abroad.  This means that every public performance (broadcast, website use, live events etc) of your production needs to be covered by a public performance licence. Please email us admin@finalfade-productions.com for information. 

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Audio Only. 

Our standard licences are issued for synchronising our music with your pictures (audio-visual use). Music-only productions (such as audio-only CDs) require a special licence agreement, without which, music may not be re-recorded, duplicated or re-sold. Please contact us for details.

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Composed Music: 

50% deposit is required before commencement of the project. The set rate for the project and quotation will be sent to client for an approval and sign off. The cost can vary according to the clients brief due to extra musicians or instruments needed for the project. Only two sets of changes can take place after the first composed track is sent to the client. Thereafter the client will pay a daily fee for any further changes requested,  this daily rate will be included in the original quote terms that the client signed.

Should the client request a refund after the composed track is sent to the client. The client will forfeit 40% of the total cost due to time and efforts put into the composed piece of music. The client may not use the music  for any usage should a refund be requested.  

The client will be able to use a approved piece of music for a 12 month period, once 12 months has passed, renewal  agreement terms will have to be discussed and agreed to by both parties. All the mechanical rights, performance rights, sync rights,  needle rights and composing rights belong to Final Fade Productions Pty Ltd,  2007/020262/07.  Unauthorised synchronisation use, copying, retail, hiring, lending, broadcast and public performance of our music is prohibited.

The copyright and master rights for composed music are owned by Final Fade Productions Pty Ltd. 2007/020262/07 . Should you breach any of our terms and conditions, we reserve the right to take legal action. Service and all materials therein or transferred thereby, including, without limitation, software, logos, patents, trademarks, service marks, copyrights, audio, music and all Intellectual Property Rights related thereto, are the exclusive property of Final Fade Productions Pty Ltd. 

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Cancellation & Refund Policy

We cannot guarantee a refund of online purchases unless there is a technical defect with a file and we are notified within 24 hours of purchase. Should you receive a file with a technical error,  will then request the file to be sent back to us via mail as proof of the technical defect. Once the file is received, we will then reply to your mail with a new, tested working audio file that you originally purchased. Should the file still have a defect that can be proven by the buyer. Please request a refund within 24 hours of receiving our replied mail and request a refund via email, please contact us: admin@finalfade-productions.com.  Should the refund be granted, Refunds will be issued to the card used at the time of purchase and will be processed within 30 working days. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. 

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Liability

The User agrees that, Final Fade Productions shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where Universal Production Music has been advised of the possibility of such loss or damage).This Website may not be used for any other purpose, including but not limited to, publication, reproduction, or transmission of any production music without the express written permission of Final Fade Productions. 

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Warranty
The Website and the information are provided on an "as is" and "as available" basis and Final Fade Productions makes no warranties or representations, whether express or implied, in relation to the information or the Website, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

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Website

The User acknowledges:
(a) that it is technically impossible to provide the Website free of faults and that Final Fade Productions Music does not undertake to do so;
(b) that faults may lead to temporary unavailability of the Website; and
(c) that the operation of the Website may be adversely affected by conditions and performances outside Final Fade productions control, including without limitation, transmission and telecommunications links between Final Fade Productions Music and Users.

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Use 

The User undertakes:-
(a) that it shall not make any use of the Website such that the whole or part of the Website is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Website is in any way impaired;
(b) not to use the Website for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(c) not to use the Website in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
(d) that it shall not use the Website to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Final Fade Productions music; and
(e) that in the event that it has any right, claim or action against any other user arising out of the use of the Website then it shall pursue such right, claim or action independently of, and without recourse to Final Fade Productions. 

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Changes to the terms and conditions: 
Final Fade Production Music reserves the right to change these terms and conditions from time to time, and the User's continued use of the Website following of such change shall be deemed to be the User's acceptance of any such change. It is the User's responsibility to check this file regularly to determine whether this privacy policy has been changed. If the User does not agree to any change to the terms and conditions of this privacy policy then the User must immediately stop using the Website.

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No Waiver
No waiver by Final Fade Productions shall be construed as a waiver of any preceding or succeeding breach of any provision.

Choice of law
This privacy policy shall be governed by South African law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the South African Courts.

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