Terms and Conditions
CD Submissions and Transactions
CD Physical and Digital Data Preparation
Publishing Administration
Placement and Maintenance Within The Website
Removal From Website
Sales / Download Royalty Accounting And Payments
Publishing Royalty Payments
Accuracy of Information
Ordering and Delivery
Trademarks and Copyright
Website Access
Indemnity
Law and Jurisdiction
Changes to these Terms and Conditions
These Terms and Conditions (the Terms) govern the users (you or your) use of CONFIDENTIAL Records (the Website) and your relationship with this Website (we, our or us).
Please read them carefully as they could well affect your rights and liabilities under International Law.
If you do not agree to these Terms, please do NOT submit material for our attention through this Website.
We can consider submissions from residents of all countries on the understanding that all communication, both written and verbal, will be in English and all financial transactions (both incoming and outgoing) will be expressed in Pounds Sterling. All manufacturing transactions are on a strictly Payment With Order basis and no manufacturing orders will be despatched until all required funds are fully cleared.
International Funds MUST be submitted by PayPal whilst UK funds transfers may also be by Cheque / Draft or PO.
You authorise for us to modify, amend or alter any submitted artwork commesurate with our ongoing corporate policies and to issue, unless provided by yourselves, your physical Masters and eMasters with ISRC and UPC-A Codes.
All material included on all CDs within the CONFIDENTIAL Records site must be published through MAORI MUSIC Publishing and subject to our standard publishing agreement unless said titles are already registered with the PRS, MCPS and PPL (or similar International Agencies) by the respective songwriters as Writer / Members or are already administered by recognised third-party Publisher / Members of the PRS (or similar International Agency). The use of other copyright material within the site may be permissible provided that the appropriate MCPS Licence (or similar) is in place (available at extra cost as appropriate, if not already obtained by the client).
Physical placement within the site remains at our discretion and links to your position within the site will be notified and maintained by us. We reserve the right to deny placement to any CD that we consider unsuitable for use within the site for whatever reason. Nominal charges will be made for digital data preparation and submission to our external distribution network/s. If funds have already been sent to us in respect of a product that we reject, these will be returned in full to the sender/s, less any charges made by their recipient agencies.
Placement within the CONFIDENTIAL Records site can be attained within a few working days from receipt of all required data, items, payment etc.
Placement with our external distributors, iTunes, Napster etc., can take longer, typically between 8-10 weeks from placement, but we will notify you of a prospective release date as soon as possible.
As placement within the CONFIDENTIAL Records is a non-exclusive arrangement, clients may request removal from the site subject to a minimum placement time of twelve months at any subsequent time on a minimum of twenty eight working days email notice of their intention to do so and no charges will then be due payable for this. Subsequent re-application to join the site with the same product will, however, be subject to a nominal fee to reflect the work necessary to reinstate the digital data for downloads etc. We also reserve the right to remove any item from the site on twenty eight working days email notice to the client, should be feel that the material is no longer suitable for use within the site.
We determine and review all retail pricing within the site at our discretion with a view to remaining competitive to the larger market. Changes to the ongoing retail pricing structure and royalty revenue rates can be made by us at any time and notice will be given to you of all such changes at the payment of your next due royalties.
All accounting for physical online sales and digital downloads from within our own site is made on or about the 1st Monthly by the means specified by the Client (PayPal, Cheque or Bank Transfer). All due and accrued royalties will be sent, irrespective of value. No specific charges are made for funds transmission but we are not responsible for any charges that may be made by the recipient agent, firm or Bank. NIL returns will not be made. All payments made by cheque must be presented within six months of the date of issue or will be considered forfeit. No duplicates will be issued.
Our external distribution agents - iTunes and Rhapsody account within 45 days from the end of any specific calendar month and so any due royalties will be delayed accordingly. We issue all due amounts on receipt of funds by ourselves.
Our external distribution agents - Napster and SONY Connect etc., account within 45 days from the end of every three calendar months and so any due royalties will be delayed accordingly.
Our other external agents have similar variable rates of return on their accounts.
All external agents deduct their own variable commissions on sales at source.
We issue all due amounts on receipt of funds by ourselves.
CONFIDENTIAL Records and MAORI MUSIC Publishing are members of the PRS, MCPS and PPL and royalties sourced from any of these agencies will be distributed on an as received basis to all concerned parties subject to the terms laid out in our standard publishing agreements. All due and accrued royalties will be sent, irrespective of value. No specific charges are made for funds transmission but we are not responsible for any charges that may be made by the recipient agent, firm or Bank. NIL returns will not be made. Clients who are already members of the PRS, MCPS and / or PPL (or similar) remain responsible for the collection of their own royalties sourced from these agencies. All payments made by cheque must be presented within six months of the date of issue or will be considered forfeit. No duplicates will be issued.
Whilst we endeavour to ensure that all information included on CONFIDENTIAL Records is correct, we will not be held responsible for any errors or omissions. If we are informed of any inaccuracies in the material on CONFIDENTIAL Records, we will correct this as soon as we reasonably can. Prices, descriptions, specifications and product availablity may change at any time without further notification and are subject to our absolute discretion.
We will endeavour to despatch all ordered physical goods within 48 hours of receipt of cleared funds or inform the customer of any delays due otherwise. All digital downloads are available immediately (subject to service provision) on receipt of cleared funds.
All logos, slogans and trademarks displayed on this website are the sole property of CONFIDENTIAL Records, while images, audio and other band material displayed on the CONFIDENTIAL Records Website are the sole / joint property of their respective owners. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CONFIDENTIAL Records and / or the copyright owner/s. Music and Video samples on this website are for evaluation / demonstration purposes only.
CONFIDENTIAL Records grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site 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. Any unauthorized use terminates the permission or license granted by CONFIDENTIAL Records. You are granted a limited, revocable, and non exclusive right to create a hyperlink to the home page of CONFIDENTIAL Records or directly to your CDs within the site so long as the link does not portray CONFIDENTIAL Records, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You agree to fully indemnify, defend and hold us, and our employees, suppliers and agents, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of CONFIDENTIAL Records or any other person accessing CONFIDENTIAL Records using your personal information and/or acting as your agent.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms. The Terms will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English courts. All International submitters will be deemed to have accepted this condition. All submitters must be aged 18 years or over.
CONFIDENTIAL Records and MAORI MUSIC Publishing reserve the right to change these Terms and Conditions without prior notice at any time.