Northshore Audio Productions Ltd.
1. Introduction and Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the services provided by Northshore Audio Productions Ltd. (“Northshore Audio Productions Ltd.,” “we,” “us,” or “our”), a sound-studio business located at Northshore Sound Studio, 1200 West 6th Avenue, Unit 305, Vancouver, BC V6H 1A4, Canada.
By booking, purchasing, accessing, or using any of our services, you agree to be bound by these Terms, as well as any additional written agreement, estimate, invoice, or studio policy provided to you. If you do not agree to these Terms, you must not use our services.
These Terms are intended to be interpreted in a manner consistent with applicable laws in Canada, including the laws of the Province of British Columbia and applicable federal laws.
2. Scope of Services
Northshore Audio Productions Ltd. provides professional sound-studio services, which may include, without limitation:
- Recording sessions
- Audio mixing
- Mastering
- Voice-over recording
- Podcast production
- Music arrangement support
- Sound editing and cleanup
Any deliverables, timelines, technical specifications, session lengths, revisions, and usage rights will be determined by the applicable quote, booking confirmation, statement of work, or invoice. We reserve the right to decline projects that are unlawful, technically infeasible, unsafe, defamatory, infringing, or otherwise inconsistent with our professional standards.
We may use third-party tools, equipment, plugins, software, cloud storage, or service providers to deliver our services. You acknowledge that the use of such tools may be necessary for production, backup, workflow, or communication purposes.
3. User Obligations and Responsibilities
You agree to provide accurate, complete, and current information when booking or using our services. You are responsible for ensuring that all materials you submit to us, including audio files, scripts, lyrics, samples, artwork, and reference materials, are lawful and do not infringe any third-party rights.
You further agree that:
- You have all rights, licenses, consents, releases, and permissions necessary for the use of your materials in connection with our services.
- You will not provide content that is illegal, harmful, abusive, defamatory, obscene, or otherwise prohibited by law.
- You will comply with all studio rules, safety instructions, and reasonable directions given by our staff during in-person sessions.
- You are responsible for backing up your own materials and final deliverables once delivered, unless otherwise agreed in writing.
- You will not interfere with equipment, systems, or other clients’ sessions, and will not bring unauthorized persons into the studio without prior approval.
If you attend a recording or production session, you are responsible for punctuality, preparedness, and any talent, performers, or guests you bring. Delays caused by late arrival, missing materials, or incomplete preparation may result in additional charges and may affect scheduling.
4. Payment Terms and Conditions
All fees, deposits, rates, and payment schedules will be stated in the relevant quote, booking confirmation, or invoice. Unless otherwise agreed in writing:
- A deposit or advance payment may be required to confirm a booking.
- All amounts are payable in Canadian dollars (CAD).
- Taxes, including applicable GST/PST/HST, may be added where required by law.
- Payment is due on the date specified on the invoice or at the time of booking.
- We may suspend or withhold work and/or delivery of deliverables until full payment is received.
If payment is not made when due, we may charge late fees or interest at the maximum rate permitted by applicable law, and we may recover reasonable collection costs. You are responsible for any bank charges, card fees, chargeback fees, or currency conversion charges associated with your payment method.
Estimates are based on the information available at the time of quotation. Additional work, revisions beyond the agreed scope, rush requests, overtime, or changes to the project brief may incur extra charges. Any such charges will be communicated before or as soon as reasonably practicable after the extra work is requested or performed.
5. Cancellation and Refund Policy
Cancellations and rescheduling requests must be made in writing by email or other confirmed communication method.
Unless otherwise specified in a written agreement:
- Deposits are non-refundable once a booking is confirmed and scheduling resources are reserved.
- If you cancel a session with less than 48 hours’ notice, we may retain all or part of the deposit and/or charge a cancellation fee.
- If you fail to attend a scheduled session or are significantly late, we may treat the booking as cancelled and charge for reserved time.
- Refunds, if any, are issued at our discretion only where required by law or where we determine that a refund is appropriate based on the circumstances.
Because audio production services are custom, labor-intensive, and often based on your specific instructions, completed services and delivered files are generally non-refundable once work has begun or final deliverables have been provided, except where required by applicable law.
If we must cancel or reschedule due to circumstances within our control, we will use reasonable efforts to offer an alternative time or, where appropriate, refund amounts paid for the cancelled portion of the service.
6. Liability Limitations
To the fullest extent permitted by law, Northshore Audio Productions Ltd. shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of business, loss of opportunity, loss of data, or reputational harm, arising out of or related to the services or these Terms, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the services or these Terms shall not exceed the amount actually paid by you to Northshore Audio Productions Ltd. for the specific service giving rise to the claim during the three (3) months preceding the event giving rise to liability, or such other amount as may be required by applicable law.
We do not guarantee that any service will meet your subjective expectations or intended commercial outcome, including audience response, chart performance, monetization, broadcast acceptance, platform approval, or distribution success.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Canadian law, including liability for fraud, wilful misconduct, or any other liability that cannot lawfully be limited.
7. Intellectual Property Rights
As between you and Northshore Audio Productions Ltd., you retain ownership of all pre-existing materials you provide to us, subject to the rights and permissions necessary for us to perform the services.
Unless otherwise agreed in writing:
- We retain ownership of our studio methods, workflows, templates, know-how, techniques, and pre-existing intellectual property.
- Upon full payment, you receive a non-exclusive license to use final deliverables for the purpose agreed in the project scope, subject to any third-party rights embedded in the materials.
- Raw session files, project files, unedited recordings, stems, alternate takes, and source materials remain our property unless expressly transferred in writing.
- We may, with your prior consent or as otherwise permitted by law, retain copies of project materials for archival, backup, quality assurance, and accounting purposes.
You represent and warrant that your materials do not infringe any copyright, trademark, moral right, privacy right, publicity right, or other proprietary right of any third party. You agree to indemnify and hold harmless Northshore Audio Productions Ltd. from claims arising from materials you supply, subject to applicable law.
Any third-party samples, loops, plugins, or licensed content incorporated into a project may be subject to separate license terms. You are responsible for ensuring that your intended use complies with those terms.
8. Data Protection and Privacy
Northshore Audio Productions Ltd. collects, uses, stores, and discloses personal information only as necessary to provide our services, manage bookings, process payments, communicate with you, maintain business records, and comply with legal obligations.
We will handle personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial laws, as relevant.
We may use third-party service providers for email, scheduling, payment processing, cloud storage, data backup, analytics, or other business functions. Where appropriate, those service providers may process your personal information on our behalf and in accordance with their own terms and privacy practices.
You acknowledge that electronic communications and file transfers may carry inherent security risks. While we take reasonable safeguards, we do not guarantee absolute security. You should avoid sending highly sensitive information unless necessary and appropriate.
For questions regarding privacy practices, please contact us using the details in Section 12.
9. Force Majeure
We shall not be liable for any delay or failure to perform our obligations where such delay or failure results from events beyond our reasonable control, including but not limited to natural disasters, fire, flood, earthquakes, power outages, internet failures, equipment shortages, labor disputes, pandemics, public health orders, governmental actions, civil unrest, acts of war, or other force majeure events.
In the event of a force majeure occurrence, we may suspend, postpone, or cancel affected services and will make reasonable efforts to notify you and reschedule where possible. Payment obligations for services already rendered or reasonably incurred remain due unless otherwise required by law or agreed in writing.
10. Changes to Terms
We may update or revise these Terms from time to time to reflect changes in our services, business practices, or legal requirements. The updated Terms will be effective upon posting, communication, or as otherwise stated by us.
Where required by law or where changes are material, we will provide reasonable notice of the updated Terms. Your continued use of our services after the effective date of updated Terms constitutes acceptance of those changes.
11. Applicable Law and Jurisdiction
These Terms, and any dispute, claim, or controversy arising out of or relating to them or the services, shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
You agree that the courts located in Vancouver, British Columbia shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the services, subject to any mandatory consumer protection or other rights that cannot be waived under applicable law.
12. Contact Information
If you have any questions, concerns, or requests relating to these Terms or our services, please contact:
- Northshore Audio Productions Ltd.
- Northshore Sound Studio, 1200 West 6th Avenue, Unit 305, Vancouver, BC V6H 1A4, Canada
- Email: [email protected]
- Phone: +1 (604) 782-9461
13. Severability Clause
If any provision of these Terms is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be severed or limited to the minimum extent necessary so that the remaining provisions will continue in full force and effect to the maximum extent permitted by law.
Our failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless acknowledged by us in writing.