TERMS AND CONDITIONS
THIS AGREEMENT WAS LAST MODIFIED ON FRIDAY 24, 2024.
BY USING ANY SERVICE OF BLACKPALM MUSIC, YOU (THE CLIENT) ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISION OF THIS AGREEMENT. IN ADDITION, WHEN USING THESE PARTICULAR SERVICES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES. ANY PARTICIPATION IN THE SERVICES OF BLACKPALM MUSIC WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SERVICE.
1. PRIVACY STATEMENT
ANY INFORMATION THAT YOU OR OTHER USERS PROVIDE TO BLACKPALM MUSIC IS SUBJECT TO OUR PRIVACY POLICY WHICH GOVERNS OUR COLLECTION AND USE OF YOUR INFORMATION. YOU UNDERSTAND THAT THROUGH YOUR USE OF THE SERVICES YOU CONSENT TO THE COLLECTION AND USE OF THIS INFORMATION (AS SET FORTH IN OUR PRIVACY POLICY), INCLUDING THE POSSIBLE TRANSFER OF THIS INFORMATION TO THE UNITED STATES, AND/OR OTHER COUNTRIES FOR STORAGE, PROCESSING AND USE BY BLACKPALM MUSIC. AS PART OF PROVIDING YOU THE SERVICES, WE MAY NEED TO PROVIDE YOU WITH CERTAIN COMMUNICATIONS, SUCH AS SERVICE ANNOUNCEMENTS AND ADMINISTRATIVE MESSAGES.
IF YOU WANT MORE DETAILED INFORMATION ABOUT HOW YOUR INFORMATIONS ARE STORED, PROCESSED AND USED, PLEASE HAVE A LOOK INTO OUR PRIVACY POLICY.
2. ACCURACY WARNING
THIS SITE AND ITS COMPONENTS ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY; THIS SITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR OR OMISSIONS IN THAT INFORMATION.
3. INTELLECTUAL PROPERTY
THE SITE AND ITS ORIGINAL CONTENT, FEATURES, AND FUNCTIONALITY ARE OWNED BY TOBIAS HÄNEL AND ARE PROTECTED BY INTERNATIONAL COYPRIGHT, TRADEMARK, PATENT, TRADE SECRET, AND OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS LAWS.
4. PAYMENT POLICY
ALL PAYMENTS ARE DONE VIA PAYPAL OR STANDARD BANK TRANSFER. ALL PRICES ARE INCLUSIVE OF GERMAN TAXES.
BLACKPALM MUSIC REQUIRES A 50% DEPOSIT ON ALL PAYMENTS. THE DEPOSIT IS DUE AFTER THE ORDER IS TRIGGERED THROUGH THE PROPOSAL CALL, PROPOSAL VIDEO CHAT SESSION OR PROPOSAL EMAIL AND THE INVOICE IS SENT TO YOU (THE CLIENT). THE FINAL 50% OF THE PAYMENT ARE DUE AFTER YOU (THE CLIENT) AGREED TO THE FINAL PRODUCT. AFTER THE SUCCESSFUL PAYMENT YOU GET ACCESS TO THE FINAL PROJECT FILES.
5. PROJECT TURNAROUND TIME
THE AVERAGE TURNAROUND TIME FOR PROJECTS DEPENDS ON THE TYPE OF PROJECT. THE TYPICAL TURNAROUND TIME FOR A COMPLETE PRODUCTION (SONGWRITING, PRODUCING, MIXING, MASTERING) IS ABOUT 10 BUSINESS DAYS. FOR SONGWRITING AND PRODUCTION ONLY THE TYPICAL TURNAROUND TIME IS ABOUT 7 BUSINESS DAYS. THE TYPICAL TURNAROUND TIME FOR MIXING AND MASTERING IN ONE PACKAGE IS ABOUT 3 DAYS. FOR MIXING ONLY THE TYPICAL TURNAROUND TIME IS 3 DAYS AND FOR MASTERING ONLY THE TYPICAL TURNAROUND TIME IS 2 DAYS.
DISCLAIMER: WHILST BLACKPALM MUSIC WILL TAKE REASONABLE AND SUFFICIENT STEPS TO ENSURE THE COMPLIANCE OF THOSE TURNAROUND TIMES AND ESPECIALLY PLANNED AND CONTRACTED DEADLINES, IN EXCEPTIONAL CASES THE DAY OF DELIVERY CAN BE DELAYED BASED ON THE ORDER SITUATION, TECHNICAL ISSUES OR HEALTH REASONS. IN THESE RARE CASES, WE WILL COMMUNICATE THIS CLEARLY, SO YOU ARE INFORMED AND WE’RE TRYING OUR BEST TO STAY AS CLOSE TO THE PLANNED AND CONTRACTED DEADLINES AS POSSIBLE.
6. REVISIONS
BLACKPALM MUSIC OFFERS UNLIMITED REVISIONS PER PROJECT FOR FREE.
7. SONG OWNERSHIP
7.1 SONGWRITING AND PRODUCTION SERVICES
FOR EACH SONGWRITING AND PRODUCTION SERVICE OR COLLABORATION THAT IS MADE BY BLACKPALM MUSIC, WE REQUIRE A SPLIT SONG OWNERSHIP. THE PERCENTAGES OF THE SPLIT COPYRIGHT OWNERSHIP WILL BE NEGOTIATED BETWEEN BLACKPALM MUSIC AND THE CLIENT(S) OR COLLABORATOR(S). THE PERCENTAGE/POINT AMOUNT DEPENDS TYPICALLY ON THE KIND OF SERVICE AND THE AMOUNT OF MONEY YOU PAID UPFRONT FOR OUR SERVICES.
ALL SPLIT OWNERSHIPS ARE OFFICIALLY REGISTERED VIA SONGSPLITS.COM (THIS WOULD REQUIRE A SONGSPLITS.COM ACCOUNT) OR A REGULAR SONG PUBLISHING SPLIT SHEET. IN ADDITION, ALL SONGS THAT MEANT TO BE DISTRIBUTED TO STREAMING SERVICES (E.G. SPOTIFY, APPLE MUSIC), ONLINE MUSIC STORES (E.G. ITUNES STORE), YOUTUBE, INTERNET RADIO (E.G. PANDORA) AND SATELLITE RADIO ARE GOING TO BE REGISTERED WITH SOUNDEXCHANGE.COM.
ALL SONGS THAT MEANT TO BE DISTRIBUTED TO TERRESTRIAL RADIO, TV OR ADS ARE REGISTERED WITH GEMA VIA TOBIAS HÄNEL.
7.2 EDITING, MIXING AND MASTERING SERVICES
ALL EDITING, MIXING AND MASTERING SERVICES THAT DON’T CREATE ANY INTELLECTUAL PROPERTY ARE “WORK FOR HIRE” AND DON’T REQUIRE ANY SONG OWNERSHIP SPLITS. THE OWNERSHIP IS 100% TOTALLY YOURS.
8. FINAL FILES
DEPENDING ON THE SERVICE ORDERED, THE CLIENT IS GETTING ACCESS TO DIFFERENT FILES AND FILE COMBINATIONS. THOSE ARE LISTED UNDER EACH SERVICE BELOW. THE FINAL FILES ARE TYPICALLY AVAILABLE FOR THE CLIENT AT THE AGREED PROJECT DEADLINE DAY. THE CUSTOMERS CAN ALSO GET ACCESS TO ANY UNFINISHED FILES BY REQUEST.
8.1 COMPLETE PRODUCTION (SINGLE SONG, EP OR ALBUM)
| File Type | Specs | Notes |
| FINAL MASTER | 44,1 kHz / 24-bit stereo WAV-file | for digital distribution |
| 44,1 kHz / 16-bit stereo WAV-file | for CD ddp image | |
| -0 dBTP HiRes .aif | highest native sample rate & bit depth master | |
| 48 kHz / 32-bit stereo WAV-file | native high res WAV Master | |
| 320 kbps MP3-file | for presskits or festival application | |
| Instrumental Master | 44,1 kHz / 16-bit stereo WAV-file | mastered |
| Acapella Master | 44,1 kHz / 16-bit stereo WAV-file | mastered |
| TV / Performance Master | 44,1 kHz / 16-bit stereo WAV-file | for live performances (depending on the artists requirements); mastered |
| Final Mix | 48 kHz / 32-bit stereo WAV-file | highest native sample rate & bit depth |
| Instrumental Mix | 48 kHz / 32-bit stereo WAV-file | highest native sample rate & bit depth |
| Acapella Mix | 48 kHz / 32-bit stereo WAV-file | highest native sample rate & bit depth |
| TV / Performance Mix | 48 kHz / 32-bit stereo WAV-file | highest native sample rate & bit depth |
| Unmastered Mix Stems | 48 kHz / 32-bit stereo WAV-file | highest native sample rate & bit depth |
OPTIONAL BY REQUEST:
| Mastered Stems | 44,1 kHz / 16-bit stereo WAV-file | |
| SoundCloud Master | 44,1 kHz / 24-bit stereo WAV-file | mixed & mastered |
| Youtube Master | 44,1 kHz / 24-bit stereo WAV-file | mixed & mastered |
| Radio Edit | 44,1 kHz / 24-bit stereo WAV-file | edited, mixed & mastered |
| … |
8.2 TRACK/BEAT PRODUCTION ONLY
| File Type | Specs | Notes |
| Final unmastered Stereo Mix | 44,1 kHz / 24-bit stereo WAV-file* | mixed (+ light mix bus processing / mastering) |
| Unmastered Stems | 48 kHz / 32-bit stereo WAV-file* | Only mixed |
*IF A DIFFERENT RESOLUTION IS MORE SUITABLE FOR YOU, JUST LET ME KNOW.
8.3 TOPLINING TO TRACK / SONGWRITING ONLY
| File Type | Specs | Notes |
| Edited & rough mixed Topline Track | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| Topline Track + Beat (unmastered) | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
*IF A DIFFERENT RESOLUTION IS MORE SUITABLE FOR YOU, JUST LET ME KNOW.
8.4 ADDITIONAL PRODUCTION
| File Type | Specs | Notes |
| Additional Produced Track(s) | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| Additional Produced Stem(s) | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
*IF A DIFFERENT RESOLUTION IS MORE SUITABLE FOR YOU, JUST LET ME KNOW.
8.5 MIXING
| File Type | Specs | Notes |
| Final Mix | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| Instrumental Mix | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| Acapella Mix | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| TV / Performance Mix | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| Unmastered Stems | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
*IF A DIFFERENT RESOLUTION IS MORE SUITABLE FOR YOU, JUST LET ME KNOW.
8.6 MASTERING
| File Type | Specs | Notes |
| FINAL MASTER | 44,1 kHz / 24-bit stereo WAV-file | digital distribution |
| 44,1 kHz / 16-bit stereo WAV-file | for CD ddp image | |
| -0 dBTP HiRes .aif | highest native sample rate & bit depth master | |
| 48 kHz / 32-bit stereo WAV-file | native high res WAV master | |
| 320 kbps MP3-file | for press kits or festival application |
OPTIONAL BY REQUEST (AND IF YOU CAN PROVIDE THE FILES NEEDED):
| File Type | Specs | Notes |
| Instrumental Master | 44,1 kHz / 16-bit stereo WAV-file | mastered |
| Acapella Master | 44,1 kHz / 16-bit stereo WAV-file | mastered |
| TV / Performance Master | 44,1 kHz / 16-bit stereo WAV-file | mastered (depending on the artists requirements) |
| SoundCloud Master | 44,1 kHz / 24-bit stereo WAV-file | mastered |
| Youtube Master | 44,1 kHz / 24-bit stereo WAV-file | mastered |
8.7 MIXING & MASTERING
| File Type | Specs | Notes |
| FINAL MASTER | 44,1 kHz / 24-bit stereo WAV-file | digital Distribution |
| 44,1 kHz / 16-bit stereo WAV-file | for CD ddp image | |
| -0 dBTP HiRes .aif | highest native sample rate & bit depth Master | |
| 48 kHz / 32-bit stereo WAV-file | native high res WAV Master | |
| 320 kbps MP3-file | for press kits or festival application | |
| Instrumental Master | 44,1 kHz / 16-bit stereo WAV-file | mastered |
| Acapella Master | 44,1 kHz / 16-bit stereo WAV-file | mastered |
| TV / Performance Master | 44,1 kHz / 16-bit stereo WAV-file | mastered (depending on the artists requirements) |
| Final Mix | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| Instrumental Mix | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| Acapella Mix | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| TV / Performance Mix | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
| Unmastered Stems | 48 kHz / 32-bit stereo WAV-file* | highest native sample rate & bit depth |
*IF A DIFFERENT RESOLUTION IS MORE SUITABLE FOR YOU, JUST LET ME KNOW.
BY REQUEST WE CAN PROVIDE YOU WITH FILES FROM SINGLE INSTRUMENTS, SPECIAL GROUPS, ETC. INDEPENDENTLY FROM THE FILES YOU GET WITH YOUR ORDERED SERVICE. THE SUPPLY WITH THOSE ADDITIONAL FILES WILL BE CHARGED WITH A SMALL EXTRA FEE DUE TO THE ADDITIONAL TIME EXPENSE.
ALL FILES FROM SONGWRITING AND PRODUCTION SERVICES ARE TRANSFERRED VIA A SHARED DROPBOX, GOOGLE DRIVE OR ICLOUD DRIVE PROJECT FOLDER OR VIA THE WETRANSFER SERVICE. YOUR PERSONAL PROJECT FOLDER ON DROPBOX, GOOGLE DRIVE OR ICLOUD DRIVE IS AVAILABLE FOR AT LEAST 14 DAYS AFTER THE PROJECT IS FINISHED AND THE FINAL FILES ARE UPLOADED TO THE FOLDER. YOU (THE CLIENT) ARE REQUIRED TO DOWNLOAD, STORE AND BACKUP YOUR PROJECT FILES WITHIN THESE 14 DAYS.
ALL FILES FROM ENGINEERING SERVICES (E.G. MIXING, MASTERING) ARE TRANSFERRED VIA WE TRANSFER OR VIA A SHARED DROPBOX, GOOGLE DRIVE OR ICLOUD DRIVE DOWNLOAD LINK.
WHILST BLACKPALM MUSIC WILL TAKE REASONABLE AND SUFFICIENT STEPS TO ENSURE THAT YOUR PROJECT FILES AND SESSIONS ARE STORED SECURE ON ONE OF OUR ARCHIVE HARD DRIVES FOR AT LEAST 5 YEARS, BLACKPALM MUSIC AND TOBIAS HÄNEL MAKE NO GUARANTEES ON THIS SUBJECT AND WILL NOT BE HELD LIABLE FOR ANY LOSS RESULTING FROM THIS.
9. REFUND POLICY / ABANDONMENT
9.1 REFUND POLICY
BLACKPALM MUSIC WILL REFUND THE FULL DEPOSIT IF YOU (THE CLIENT) ARE DISSATISFIED WITH THE RESULT BEFORE THE FINAL PAYMENT. BUT YOU (THE CLIENT) MUST ALLOW US TO COMPLETE AT LEAST ONE LAST REVISION ROUND BEFORE GETTING YOUR REFUND.
IF YOU (THE CLIENT) REQUEST A REFUND THEN WE (BLACKPALM MUSIC) RETAIN 100% OF COPYRIGHTS TO ANY WORK THAT WE HAVE DONE FOR YOUR PROJECT AND YOU (THE CLIENT) CANNOT USE IT IN ANY WAY. BLACKPALM MUSIC MAY TRY TO MONETIZE THAT CREATION IN SOME OTHER WAY.
9.2 ABANDONMENT
WE CONSIDER A PROJECT ABANDONED IF WE DON’T HEAR BACK FROM YOU (THE CLIENT) WITHIN 30 CONSECUTIVE DAYS. YOU (THE CLIENT) WILL HAVE TO PAY A FEE TO RESTART THE FILES AFTER THAT.
10. DISCLAIMER
BLACKPALM MUSIC WILL BE HELD HARMLESS AGAINST ANY LOSSES, JUDGMENTS, CLAIMS, LEGAL FEES OR COURT COSTS THAT MAY ARISE OUT OF A BREACH OF THESE TERMS AND CONDITIONS. BY ENTERING THIS AGREEMENT YOU AGREE NOT TO SUE OR RECOVER ANY DAMAGES FROM BLACKPALM MUSIC, TOBIAS HÄNEL, AND ANY AFFILIATED COMPANIES OR PEOPLE AS A RESULT OF ITS DECISION TO TERMINATE OR SUSPEND THIS AGREEMENT.
WHILST BLACKPALM MUSIC AND TOBIAS HÄNEL WILL TAKE REASONABLE AND SUFFICIENT STEPS TO ENSURE THAT THE WEBSITE IS FREE FROM ANY VIRUSES, TROJANS, MALWARE, SPYWARE, HARMFUL SOFTWARE, DATA THEFT OR ANY UNAUTHORIZED MALICIOUS ACTIVITY, BLACKPALM MUSIC AND TOBIAS HÄNEL MAKE NO GUARANTEES ON THIS SUBJECT AND WILL NOT BE HELD LIABLE FOR ANY LOSS RESULTING FROM THIS.
11. NOTIFICATION OF CHANGES
BLACKPALM MUSIC RESERVES THE RIGHT TO CHANGE THESE CONDITIONS FROM TIME TO TIME AS IT SEES FIT AND YOUR CONTINUED USE OF THE SITE WILL SIGNIFY YOUR ACCEPTANCE OF ANY ADJUSTMENT TO THESE TERMS. IF THERE ARE ANY CHANGES TO OUR PRIVACY POLICY, WE WILL ANNOUNCE THAT THESE CHANGES HAVE BEEN MADE ON OUR HOME PAGE AND ON OTHER KEY PAGES ON OUR SITE. IF THERE ARE ANY CHANGES IN HOW WE USE OUR SITE CUSTOMERS’ PERSONALLY IDENTIFIABLE INFORMATION, NOTIFICATION BY EMAIL OR POSTAL MAIL WILL BE MADE TO THOSE AFFECTED BY THE CHANGE. ANY CHANGES TO OUR PRIVACY POLICY WILL BE POSTED ON OUR SITE 30 DAYS PRIOR TO THESE CHANGES TAKING PLACE. YOU ARE THEREFORE ADVISED TO RE-READ THIS STATEMENT ON A REGULAR BASIS.