TERMS AND CONDITIONS OF SERVICE
1. Introduction
These Terms and Conditions govern the purchase of services through www.TheHitSongFactory.com (“the Website”).
By purchasing any services from this Website, you confirm that you have read, understood, and agree to be bound by these Terms.
If you do not agree with any part of these Terms, you must not use this Website or purchase any services.
For the purposes of these Terms, “we”, “us”, “our”, and “www.TheHitSongFactory.com” refer to Leandro Gonzalez trading as The Hit Song Factory.
2. Seller Information
The services available on this Website are provided by:
- Legal name: Leandro Gonzalez
- Trading name: [The Hit Song Factory/ www.TheHitSongFactory.com]
- Address: Business correspondence address available upon request.
- Email: contact@thehitsongfactory.com
- Business activity: Music production and related services
You are contracting with an individual operating under a trading name, not a limited company.
The Website is hosted by a third-party provider located in Spain.
3. Services
We provide digital music-related services, including:
- Songwriting
- Music production
- Mixing
- Mastering
All services are delivered digitally unless otherwise agreed.
4. Ordering and Contract Formation
To purchase a service, you must provide accurate and complete information and accept these Terms.
A legally binding contract is formed once:
- Payment has been successfully completed
- You receive confirmation of your order
We reserve the right to refuse or cancel any order where necessary.
5. Prices and Payment
All prices are displayed on the Website and may be updated at any time before purchase.
Payment must be made in full in advance unless otherwise agreed in writing.
No work will begin until payment has been received.
6. Delivery
Delivery timeframes vary depending on the service and project scope and will be communicated after purchase or agreement.
You agree to provide any required materials, information, or feedback in a timely manner. Delays in doing so may affect delivery timelines.
7. Revisions
We offer unlimited reasonable revisions within the scope of the original project brief under the following conditions:
- Each time a revised version is delivered, you have 3 calendar days to request further changes
- The 3-day period begins on the day following delivery and ends at 23:59 (11:59 PM) local time in England, United Kingdom on the third day
- If revision requests are submitted within this period, additional revisions will be provided
- If no revision request is received within the 3-day period, the project will be considered accepted and closed
Any further work requested after this period may be subject to additional fees.
Once a project is considered accepted, we shall have no further obligation to provide additional revisions or modifications unless agreed separately.
7.1 Abandoned Projects
If we do not receive required materials, feedback, approval, or other communications from you for a continuous period of 60 days, we reserve the right to consider the project abandoned and close the project file.
Any request to resume work on an abandoned project may be subject to additional fees and revised delivery timelines.
8. Consumer Cancellation Rights
If you are a consumer based in the UK or EU, you may have a legal right to cancel within 14 days of purchase.
However, by purchasing digital services and requesting that work begins immediately, you expressly agree that:
- The service may start before the end of the cancellation period
- You may lose your right to cancel once the service has been fully performed
9. Refunds
Due to the nature of digital and creative services, once work has commenced, you acknowledge that the service is being personalised and refunds are not available.
Partial refunds may be considered at our sole discretion.
10. Intellectual Property and Ownership
10.1 Songwriting Services
Where we create original musical compositions, including lyrics, melody, harmony, musical arrangements, or other copyrightable songwriting elements, all intellectual property rights in such compositions shall remain exclusively owned by us.
Payment for songwriting services does not constitute a transfer, assignment, or sale of any copyright, publishing rights, songwriter’s share, publisher’s share, or any other intellectual property rights in the composition unless expressly agreed in writing.
Upon full payment, the client is granted a non-exclusive, worldwide, perpetual licence to use the composition for the purposes of releasing, distributing, performing, and commercially exploiting the associated master recording, subject to the terms of this agreement.
We retain all rights in the composition, including all performance royalties, mechanical royalties, publishing income, synchronisation licensing rights, and any other revenue derived from the composition.
Any transfer of ownership or grant of exclusive rights must be expressly agreed in a separate written agreement signed by both parties.
10.2 Mixing and Mastering Services
For mixing and mastering services, you retain full ownership of the original composition and master recording.
We do not claim any ownership rights in the final work.
10.3 Production Services
Where we provide production services (including arrangement, instrumentation, sound design, mixing, or creative direction), the default position is:
The final master recording is owned by you.
To the extent that any intellectual property rights arise in our production contribution to the master recording (including arrangement, instrumentation, sound design, mixing elements, or other production-related elements), such rights are assigned to you upon full payment of the agreed fee.
No royalties or ongoing payments are due unless expressly agreed in writing.
Where agreed in writing prior to or during the project, we may be entitled to a producer royalty on revenue derived from exploitation of the master recording (the “Producer Royalty”).
Any such royalty agreement must be clearly confirmed in writing (e.g. email or contract) and will specify:
The exact percentage
The revenue basis
Payment terms
In the absence of such written agreement, no royalties shall be payable.
11. Credits
You agree to credit us where reasonably possible and technically feasible, using the following formats:
- “Produced by Leandro Gonzalez at The Hit Song Factory”
- “Mixed by Leandro Gonzalez at The Hit Song Factory”
- “Mastered by Leandro Gonzalez at The Hit Song Factory”
Credits should be included in:
- Digital distribution metadata where applicable
- Public descriptions (e.g. streaming platforms, social media)
Failure to provide credit does not affect ownership but may constitute a breach of these Terms.
12. User Obligations
You agree to:
- Provide accurate and lawful content
- Not infringe any third-party rights
- Not misuse the Website or services
You are responsible for maintaining the confidentiality of any account or communication details.
12.1 Client Materials and Rights Clearance
You warrant that any audio files, recordings, samples, lyrics, musical compositions, artwork, or other materials supplied to us are owned by you or that you have obtained all necessary permissions, licences, and rights required for their use.
You are solely responsible for obtaining any necessary permissions or clearances relating to third-party content supplied to us.
You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, costs, or expenses arising from materials provided by you that infringe the rights of any third party.
13. Third-Party Services
We may use third-party providers or tools in delivering services.
We are not responsible for the content, availability, or performance of third-party services, except where required by law.
14. Limitation of Liability
Nothing in these Terms shall limit or exclude liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded under applicable law
To the fullest extent permitted by law, we shall not be liable for:
- Indirect or consequential losses
- Loss of profits, revenue, or business opportunities
- Loss arising from misuse of the Website or services
Our total liability shall not exceed the amount paid for the relevant service.
15. Changes to These Terms
We reserve the right to update or modify these Terms at any time.
Any changes will be published on this page. Continued use of the Website or services constitutes acceptance of the updated Terms.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales.
Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Contact
For any questions regarding these Terms, please contact:
contact@thehitsongfactory.com
18. Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure results from events beyond our reasonable control, including but not limited to technical failures, internet outages, or illness.