Definitions
For the purposes of this agreement, “Guy Michaels” trades under Voiceover Kickstart Ltd. “the Client” is the party commissioning the services of voiceover artist and producer Guy Michaels and “Client” shall, where the context so admits, include its respective assignees, sub-licensees and successors in title.
Introduction
These Terms and Conditions are a legal agreement between you, the client, and Guy Michaels/Voiceover Kickstart Ltd. It governs your use of our services.
By booking our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. The booking process can be initiated by an email confirmation upon the agreement of the provided quotation.
For those who are new to working with voiceover artists, we recommend referring to The Step by Step Guide to Working with a Voiceover Artist by Guy Michaels. This guide provides valuable insights into the process and can enhance your experience with our service.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services.
The terms and conditions and all content on https://www.provoiceactor.co.uk/ are also copyrighted and any duplication is an infringement of said copyright.
Voiceover Services
Our voiceover services are comprehensive and designed to provide you with a complete solution for your audio needs. The Basic Studio Fee (BSF) for our services includes the following:
Our voiceover services are comprehensive and designed to provide you with a complete solution for your audio needs. The Basic Studio Fee (BSF) for our services includes the following:
- Studio Facilities and Personnel: We provide inclusive studio facilities hire, which includes all necessary equipment and personnel.
- Pre-Recording Preparation: Our services include thorough preparation in the lead up to the recording session. This involves careful review and understanding of the script, as well as all necessary communication with the client to ensure we fully grasp your vision and requirements.
- Audio Editing: We provide necessary and basic editing of the recorded audio to ensure it is of broadcast quality and suitable for use in your finished media project. Additional editing requirements (such as file-splitting/sync-to-picture) can be arranged at the point of quotation.
- Delivery of Audio Files: Upon completion of the recording and editing process, we deliver the audio files to you via WeTransfer.
Please note that these services are included in the Basic Studio Fee (BSF). Any additional services or requirements may incur extra charges, as agreed upon in the project quotation.
Intellectual Property Rights and License of Creative Property
Copyright remains with Guy Michaels. We hold the intellectual property rights for all material provided as part of our voiceover services, unless explicitly stated otherwise. This includes, but is not limited to, the recorded voiceover audio, the script (if provided by us), and in some cases any accompanying music or sound effects provided by us.
Upon payment, the client is granted a license to use the material as agreed upon. This means that while the ownership of the material remains with us, the client is permitted to use the material within the parameters of the agreed terms. See more on usage below.
Please note that unauthorised use of the intellectual property may lead to legal consequences. We recommend that you respect these rights and use the material responsibly.
Unless a Non-Disclosure Agreement (NDA) or other such written agreement prohibits it, the client agrees that we can use final works (i.e. videos on YouTube etc.) as embedded properties on our website and across social media for promotional purposes.
Usage Rights
- What you can do: You have the right to use our voice recordings for the specific project and purposes we agreed upon (in writing). This includes use within the agreed territory and the agreed purpose for a period of 12 months, unless a different time frame is specified in our agreement.
- Extending or expanding usage: Additional usage, whether varying mediums, extended geographic regions or additional time periods will need to be negotiated and agreed upon by both parties prior to permission being granted for such usage.
- Things to remember: You may not use our recordings in ways that harm our reputation. Also, full rights to use the recordings only start after we receive payment in full.
- No copying or AI use: You cannot use any voice recordings provided or taken from our website for copying or using in AI systems without our written permission. This is illegal, and we will take action if necessary.
- Changes in Ownership: No recordings are transferable to different companies without prior agreement and fees agreed upon by us.
Recording
Our recording process is designed to ensure the highest quality output and to meet your specific needs. Here are the key aspects of our recording process:
- Final Script: The final script, which has been approved and signed off by you or your client, needs to be provided prior to the agreement to the contract. This ensures that we are all on the same page about the content of the recording.
- Word Count: The word count of the script needs to be provided prior to the agreement to the contract. This helps us estimate the length of the recording and plan our schedule accordingly. This also influences the final quotation for such work.
- Pronunciation Guide: If there are words or names in the script that have specific or uncommon pronunciations, a pronunciation guide would be very helpful. This ensures that the words are pronounced correctly in the recording.
- Non-Directed Session: If you require a non-directed session (in which we’ll be recording independently), then we’ll need your approval of a recorded sample. Any references to our existing demos and other information regarding style, pacing etc is welcome and useful.
- Sync-to-Picture (Optional): We offer a sync-to-picture service, where the voiceover is timed to match the visuals of a video. This is an optional service and may incur an additional fee depending on the complexity and time needed to complete this extra service.
- Recording Options: We offer three ways to record, and you can choose the one that best suits your needs:
1 – Live directed session – recording remotely through Source Connect, Cleanfeed, SessionLink. This allows you to direct the session and record the audio at your end in real-time, providing immediate feedback and guidance.
2 – Live directed session – recording locally. This is similar to the previous option, but audio is recorded by us locally for delivery afterwards.
3 – Non-directed session. In this option, we record the script based on your instructions without real-time direction.
Please note that the choice of recording option may affect the project timeline and cost.
Service Provision
Our commitment is to provide high-quality voiceover services tailored to meet your specific needs. The scope of these services will be as agreed upon by email. This proposal/quote will detail the specific services to be provided, the timeline for delivery, and the costs involved.
The services we provide may include, but are not limited to, the following:
- Script reading and interpretation
- Voiceover recording
- Audio editing
- File delivery in the required format
It’s important to note that any changes or additions to the project scope after the agreement of the project proposal may result in additional charges. These could arise from extra recording time, editing, or other resources that may be required to fulfil the new requirements. We will communicate any such changes and the associated costs to you in a timely manner for your approval.
We strive to be flexible and accommodating to ensure your satisfaction with our services. However, significant deviations from the original project scope will need to be discussed and agreed upon to ensure fairness and transparency in our working relationship.
Payment
The payment terms for our voiceover services will be as agreed upon by email. For the first booking, we reserve the right to charge the full fee upfront and receive payment prior to the delivery of the finished audio. If needed, you must provide an invoice reference prior to the invoice being produced. The agreed amount can be in GBP, US Dollar, or Euro, as determined at the quoting stage.
If you have not paid the invoice within one calendar month of the invoice date, we will send you one reminder. If payment is not received following this reminder, you will automatically be in default without any further notice of default or demand being required.
In that case, we will be entitled to:
- Cancel or withdraw the license for usage
- Raise the invoice by the administrative fees, reminder fees, and other costs incurred as a result of you exceeding the payment term
- Pass on the claim for collection
You shall be liable to pay, in addition to the payment of the principal sum, statutory commercial interest, administrative fees, reminder fees, all extrajudicial, and any litigation costs, expressly in addition to any costs determined by law.
Please note that late payments may result in a halt of work or cancellation of the project. We recommend that you respect these payment terms to ensure a smooth and successful collaboration.
Delivery
Our standard delivery method for the finished audio files is via WeTransfer. The audio files will be delivered as 24-bit/48kHz WAV files.
If you require the audio files in a different format, please specify this at the booking stage. We can accommodate a variety of audio formats and will do our best to meet your specific needs.
In terms of file-splitting, we can provide up to 10 separate files as part of the Basic Studio Fee (BSF). If you require more than 10 separate files, an additional charge will be applicable. This is due to the extra time and resources required to split and manage the additional files.
Revisions (Pickups)
We understand that there may be a need for revisions or pickups after the initial delivery of the audio files.
Firstly, if you require any revisions, please specify the need within 14 days of the delivery of the audio files.
If there are any mistakes made by us in the recording, these will be corrected at no extra cost to you. Changes to the script (up to and including 20% of the original text) can be recorded at no extra cost.
For any changes outside of this scope, reasonable potential charges may apply. These charges will be communicated to you in advance for your approval.
In the event that a full re-recording is required, this will be charged at 50% of the original BSF. This is to cover the time and resources required to complete the re-recording.
Cancellation
We understand that circumstances can change and there may be situations where you need to cancel the project. If this occurs, we request that you notify us in writing as soon as possible.
Upon receipt of your cancellation notice, we will stop all work on your project. However, please note that depending on the stage of the project at the time of cancellation, a cancellation fee may apply. This fee is to cover any work that has already been completed and any costs that have been incurred as part of the project up to the point of cancellation.
The cancellation fee will be calculated based on the amount of work completed and the costs incurred. We will provide you with an itemised account of these costs so you can understand how the cancellation fee has been calculated.
Please note that any payments made prior to cancellation are non-refundable. If the cancellation fee exceeds the amount already paid, you will be required to pay the difference.
Limitations of Liability
In the event of any dispute arising out of the provision of our voiceover services, our liability is strictly limited to the amount paid for our services. This means that the maximum amount you can claim from us in any circumstances will be the amount you paid for our services.
We are not liable for any indirect or consequential loss that may arise in connection with our services. Indirect or consequential loss refers to any loss that is not a direct result of our action or failure to act, and may include loss of profits, loss of contracts, loss of anticipated savings, loss of business, loss of opportunity, loss of reputation, or any other similar loss.
Please note that this limitation of liability does not affect your statutory rights as a consumer, and does not exclude or limit our liability for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
Governing Law
These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of the United Kingdom.
Each party irrevocably agrees that the courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.
Force Majeure
Neither party (Guy Michaels or Client) shall be held liable for delays or failures in performing their obligations under this agreement if such delay or failure is caused by an event or circumstance beyond their reasonable control. Such events may include, but are not limited to:
- Acts of God (e.g., floods, earthquakes, storms)
- War, terrorism, or civil unrest
- Government restrictions or actions
- Strikes or labour disputes
- Power outages or major technical disruptions (e.g., widespread internet failure)
- Severe illness or incapacitation of personnel
In the event of a Force Majeure situation, the affected party shall:
- Promptly notify the other party in writing of the nature and extent of the event.
- Use reasonable efforts to mitigate the effects of the Force Majeure event and resume performance as soon as possible.
If the Force Majeure event continues for an extended period of time (e.g., more than 30 days), both parties have the right to discuss alternative arrangements or potentially terminate the agreement with no further liability.
Changes to Terms and Conditions
We, Guy Michaels/Voiceover Kickstart Ltd, reserve the right to modify these Terms and Conditions at any time. We believe in the principle of dynamic business environment and understand that as our business evolves, our policies must also adapt.
Any changes made to these Terms and Conditions will be posted on our official website. We encourage you to review our Terms and Conditions periodically to stay informed about our practices.
The changes will become effective immediately upon their posting on the website. By continuing to use our services after the changes have been made, you are expressing and acknowledging your acceptance of the changes.
In some cases, we may also send an email notifying you of any changes. However, we recommend that you check our website frequently to see the current Terms and Conditions that are in effect and any changes that may have been made to them.
Last updated: February 26 2024