The following terms of Service govern all use of the TitanTraxx.com website and all content, services and products available at or through the website titantraxx.com (taken together, the Website). The Website is owned and operated by Melvin Boyd (‘Titan’). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the TitanTraxx Privacy Policy) and procedures that may be published from time to time on the Website by TitanTraxx (collectively, the “Agreement”).

Please read this Agreement carefully before submitting form. By checking the Terms of Service box and sending the Get Started Form, you agree to become bound by the terms of service of this agreement. If you do not agree to all the terms and conditions of this agreement, then you should not check the Terms of Service box and instead should contact TitanTraxx via the contact page to voice any concerns.

Agreement

This Agreement shall only be accepted and binding on TitanTraxx once:

the Client shall have completed the online Online Booking; and

the Client shall have supplied TitanTraxx with all the audio material and written information necessary to begin the mix/master.

TitanTraxx shall have received at least 50% cleared deposit payment of the total quoted price for the mix/master.

In any event unless otherwise agreed in writing by a director of TitanTraxx, the online Quote/Booking Form and these conditions alone shall apply to all services supplied and work done by TitanTraxx for the Client

Mixing/Mastering/Editing/Post Production Work

TitanTraxx shall carry out the Work described in the online Booking Order with all due care and diligence using suitable equipment and a competent engineer. For the avoidance of doubt the Client acknowledges and accepts that it is incumbent upon the Client to ensure that the Pre Production Master Files meet with their full satisfaction as aforesaid before proceeding to mass production commercial exploitation of the recording thereon.

The Eq, Compression, Edit, Mix and Remix techniques and details remain the Intellectual Property of TitanTraxx.

The Fees

The Client shall pay the whole of the Fees online via PayPal. 50% prior to the start of the session and the remaining 50% upon completion. Any other charges such as additional revisions will be added to the final remaining balance invoice.

Recordings And Materials

TitanTraxx shall not return physical materials (CDs, Thumb Drives, etc.) to the client once the session is complete. All final masters will be delivered to the Client (via FTP, email or other suitable online transfer method).

Online Facility

TitanTraxx grants you a limited license to use and make personal use of this website, but not to download (other than page caching) or change it, or any part of it, except with express written consent of TitanTraxx. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.This website or any part of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TitanTraxx and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing TitanTraxx’s or its affiliates’ names or trademarks without the express written consent of TitanTraxx. Any unauthorized use terminates the permission or license granted by TitanTraxx.You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page of titantraxx.com as long as the link does not portray TitanTraxx, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TitanTraxx logo or other proprietary graphic or trademark as part of the link without express written consent.

TitanTraxx reserve the right to end the client’s access to the site or to update, alter or supplement any or all of the Content or Prices at any time.

The ownership of all Audio or other material the Client uploads to the Site is retained by them. Whilst TitanTraxx will take such steps as they feel appropriate to protect the clients Audio or other materials TitanTraxx cannot guarantee the same. FOR THE AVOIDANCE OF DOUBT TITANTRAXX HEREBY EXCLUDES ALL LOSSES, DAMAGES, COSTS, EXPENSES OR SUCH OTHER LIABILITIES RELATING TO ANY LOSS OR UNAUTHORIZED ACCESS OF THE CLIENTS AUDIO AND/OR MATERIALS.

Indemnity

The Client hereby covenants and undertakes to TitanTraxx that it shall indemnify TitanTraxx against any injury, loss, damage, costs, and/or expenses suffered by TitanTraxx arising from:

the Client’s cancellation of the Booking including without limitation any reasonable costs or expenses incurred by TitanTraxx in connection with the Booking

the Client’s making, use or exploitation of the Recordings

the Client’s breach of any of the warranties undertakings or agreements on its part to be observed or performed by the terms of this Agreement

Content of Recording

The client warrants that nothing whatever shall be included in the Recording which constitutes a breach of infringement of any copyright or which shall be in anyway illegal, scandalous, obscene or libelous and the Client will indemnify TitanTraxx against any liability in respect thereof and shall pay all costs and expenses which may be incurred by TitanTraxx in reference to any such claim. TitanTraxx shall not be required to reproduce any matter which in its opinion is or may be of an illegal, scandalous, obscene or libelous nature. TitanTraxx reserves the right to decline to mix any material that they believe to be of insufficient technical or sonic quality.

Studio Breakdown Warranty

In the event of Studio Breakdown TitanTraxx shall at its option either replace (as soon as can reasonably be arranged) the Studio facilities or refund to the Client the 50% Deposit in respect of the Booking at its discretion.

Work Warranty

The Client shall promptly notify TitanTraxx in writing of any defect in or loss of or damage to the Master Recording or the Post Production work of which it is made aware whether as a result of any test carried out by the Client pursuant to clause 3 or otherwise TitanTraxx shall use its reasonable endeavors to correct any such defect and to effect replacement of such lost or damaged materials so notified to it or of which it is made aware which are attributable to faulty materials or workmanship or the negligence of TitanTraxx. In the event TitanTraxx is unable to reasonably effect such rectification or replacement its liability in respect of any Master Recording or Post Production Work shall be limited to the Maximum LiabilityThe Content is only for general information and use and is provided on an “as is and and as available” basis. We take reasonable care to check the accuracy and completeness of the Content prior to its publication. However, because of the nature of electronic distribution via the Internet we make no representations and give no warranties as to the accuracy, availability, completeness, merchantability or fitness for any particular purpose of the Content.

We do not warrant that the Content or Materials are virus-free or that the operation of the Site will be uninterrupted or error free. Any Content or Material that you download to your computer or otherwise obtain through the Site is at your own discretion.

Clients Recordings

It is a condition of this Agreement that all Client’s Recordings shall have been copied by the Client before delivery to TitanTraxx, and that TitanTraxx’s liability for loss of or damage to a Client’s Recording shall be limited to the value of the media on which it was delivered.

Company’s Overall Liability

In the event that the client shall actually suffer any loss or damage arising directly from the negligence or breach of contract or statutory duty of TitanTraxx other than in cases of death or personal injury TitanTraxx’s liability therefore shall be limited in any event to the Maximum Liability in respect of the aggregate of all instances of such negligence and/or breech arising out of TitanTraxx’s performance of its obligations under this Agreement Notwithstanding any other provision contained within this Agreement TitanTraxx shall not be liable to the Client or the Client’s personnel for any:

Indirect or consequential loss or damage

Economic loss including without limitation any loss of profits or goodwill or anticipated savings arising from any fault in the Studio or any act or omission of TitanTraxx its servants or agents in respect of this Agreement

TitanTraxx’s liability under this Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortuous or otherwise. All other conditions, warranties, stipulations or other statements whatsoever concerning the Agreement, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded.The Client excepts as reasonable that TitanTraxx’s total liability in respect of the Booking and/or the Post Production Work shall be as set out in this Agreement: in fixing those limits the Client and TitanTraxx have had regard to the price and nature of the Booking and the terms hereof, and the level of expenses expected to be incurred by the Client in respect thereof and the resources available to each party including insurance cover, to meet any liability.WHERE THE BOOKING IS MADE BY A CONSUMER AS DEFINED IN THE SALE OF GOODS ACT 1979, THE SUPPLY OF GOODS AND SERVICES ACT1982, THE SALE AND SUPPLY OF GOODS ACT 1994 OR THE FAIR TRADING ACT 1973 THE STATUTORY RIGHTS OF THE CLIENT ARE NOT AFFECTED BY THESE CONDITIONS.

Force Majeure

Notwithstanding any other term of this Agreement TitanTraxx shall not be under any liability for any failure to perform any of its obligations under this Agreement due to Force Majeure. Following notification by TitanTraxx to the Client of such cause, TitanTraxx shall be allowed a reasonable extension of time for the performance of its obligations. For the Purpose of this Condition, ‘Force Majeure’ means:

Act of God, explosion, flood, tempest, fire or accident; war or threat of war, terrorist act, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

import or export regulations or embargoes;

strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of TitanTraxx or of a third-party);

difficulties in obtaining raw materials, labour, fuel, parts or machinery;

power failure or breakdown in machinery

Refund

The Client's dissatisfaction with the results of the work by TitanTraxx as presented on delivery of Review Files where the Client does not wish to have any revisions made and does not wish to continue, TitanTraxx shall not issue a refund for the initial 50% deposit already paid nor the remaining balance for the completed work if it too has been paid. TitanTraxx will only issue a refund of the initial 50% deposit if TitanTraxx is unable, for whatever reason, to deliver the work agreed.

TitanTraxx also shall not issue a refund to the Client in the following circumstances:

the final Master File has been sent to the Client (via FTP or other suitable online transfer method)

the Client has previously approved TitanTraxx’s work

the Client changes his mind about the Booking 48 hours after file submission and deposit payment

the Client changes his mind about the Material he has submitted 48 hours after file submission and deposit payment

the Client has a change in personal or business circumstances

the Client asks for a refund for any reasons not having to do with TitanTraxx’s inability to deliver the work files.

the Client interrupts communication for longer than 14 days

Guidelines

IMPORTANT: For Mixing, I require that you send along a rough mix of your song in wav or mp3 format or a comparable commercially released song for reference that has similar sound elements and best represents what you envision. This is critical, as it gives me some idea as to which elements in the song are most important to you. It also limits confusion and speeds up the turnaround time. I will not mix your song without a rough mix/reference.

Payment

• To get started, You will need to pay a 50% down payment of the total cost below. You will receive a link to PayPal for this deposit once I receive and approve that your files comply with my requirements. The remaining balance is due upon completion. I will not send you the final wav masters until I have received full payment. Once full payment is received you will promptly receive your masters. This is non-negotiable.

Project Turnaround Time

• There may come a time when your selected turnaround date may not be able to be accommodated for various reasons. If this ever happens, I will contact you before I get started to see if we can possibly reschedule.

• If I have not received your down payment in a timely manner or your files are not in compliance with my requirements in a timely manner, your turnaround date may be pushed back accordingly.

• After I have reviewed your files, if there are any additional services needed outside the scope of mixing, I will recommend them and we can discuss it at that time.

Mix Notes

• TitanTraxx will do unlimited revisions per song for up to 30 days after the project is complete and sent to the client for review. Additional revisions will be billed at 20% of the total cost for each song per revision.

• IMPORTANT: If you are in a group/band, please designate one (1) contact person for your project who will handle all communication about mixing notes. I will only accept notes from that person.

• All mixing notes will be communicated via Fidbak.audio which is a site that allows you to leave remarks on the waveform at different locations in the song (very similar to SoundCloud comments).

• When I send a revision, you have 48 hours to reply back with notes to me or the mix will be considered final.

• If you are having more than one (1) song mixed, I request that you give me notes for all songs at the same time. This helps me avoid confusion and stay organized resulting in fewer revisions. After we’ve finished the first single, please let me do the first mixes on all of the other songs before you send mix notes. This will ensure more accuracy and a faster turnaround time.

Delivery

• If I am mastering as well, I will deliver the files in 24 bit - native sample rate wav format. If I’m mixing only, I will deliver your files in wav format in the native bit depth and sample rate it was recorded in for your third party mastering engineer as well as a volume maximized wav file for you or your label's referencing needs.I will also deliver any additional formats you selected.

Miscellaneous

The Client shall procure that neither the Client nor any of the Client’s Personnel shall be held out as an agent of or pledge the credit of TitanTraxx.This Agreement constitutes the entire Agreement between the parties and neither party shall be bound by any other statement or representation made to the other. No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto. In the event that any part of this Agreement shall be held to be void voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect.

All notices required to be given hereunder shall be in writing and deemed properly served if delivered by hand or sent by fax (PROVIDED that proof of transmission can be produced) to the address or fax number respectively of the applicable party specified on the Booking Form on the date of delivery or transmission or if sent by recorded delivery post to such address within two (2) working days of posting.

This Agreement shall be construed in accordance with the laws of the United States of America and subject to the exclusive jurisdiction of the state of Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Houston, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TitanTraxx may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.