Terms and Conditions

We offer services in the field of marketing of music and audio works for the respective authors or the holders of the rights therefor. We present the respective music and audio works on suitable Internet portals and undertake the supervision and marketing of these recordings on the basis of the following terms and conditions. At the same time, as a copyright holder, you have the option of booking further services from us or third parties via the recordJet.com portal, such as: the pressing of CDs, creation of promotional materials and accessories. For these services, the respective conditions of the third party also apply. These terms and conditions exclusively govern the contractual relationship between the client (customer) and us.

Do you perform music or do you have the rights to musical works? Then we can organize the sales for you. These terms and conditions govern how this works, as well as who has to do what and who is to get what.

1. Conclusion of contract

By registering on the website www.recordjet.com or cockpit.recordjet.com, a contract is concluded between you and us.
By registering you confirm that you are at least 18 years old and that you agree to the following terms and conditions. Naturally, you may only provide complete and correct information.

2. Recordings

Recordings are sound recordings and mixtures of audio and video recordings (such as music videos), which you submit to us after conclusion of the contract or at a later date.
We may reject materials (recordings, videos or accompanying material) in our sole discretion, especially if recordings violate criminal law or violate the rights of third parties.

3. Accompanying materials

Accompanying materials include the release covers, as well as additional information and documentation (such as biographies, photos, information and explanations) about the recordings you have submitted to us and their authors. We and our partners may supplement and modify already existing accompanying material in order to fulfil contractual obligations, in particular to promote the sound recordings.

4. Rights

By submitting the documents you transfer to us the necessary rights for the digital marketing of the recordings of this contract, as far as this is necessary for the fulfilment of the contract.
We may assign the transferred rights in whole or in part to third parties or entrust third parties with the exercise of rights, as far as this is necessary for the fulfilment of the contract (for example to the stores you have selected).

If you click the “Submit for review” button, we may irrevocably, non-exclusively, or in whole or in part, take the recordings or accompanying material to

• sell
• duplicate
• distribute and otherwise use
• utilize all resources and media (whether they already exist or come into existence after the contract is created) in all online stores (such as iTunes or Amazon) to put into interactive or non-interactive streaming services.

This applies to all streaming services or online shops or online portals that exist at the time of conclusion of the contract or will be created in the future. It does not matter whether the services are used against payment or free of charge for the purpose of advertising and marketing.
The law applies worldwide, and/or for the territories you have chosen, and only for the duration of the contractual relationship.
Once we have received your sound recordings to market to an online store, you are responsible for ensuring that the same recording is not used by you or others again in the same store or streaming portal. This applies in particular if you commission other companies besides us with marketing.
If you wish to assign or transfer rights under this agreement, we must be notified thereof.

5. Rights of third parties

Recordings made available to us must be free of third-party rights. This is so that we cannot be held liable for possible infringements on the rights of others. If there are multiple rights to recordings, all owners thereof must sign the contract with us.

6. Earnings/customer account

We receive all payments resulting from the contractual agreement.
Net revenue is understood to be the actual payments received by providers as a result of record sales. These net proceeds are yours, in whole or in part, according to the pricing model you choose.
We set up a customer account for you (recordJet account).This is a virtual clearing account.
You will be given the opportunity to retrieve your balance at any time under your user ID. You can call up your account balance at any time using your user ID. We are permitted to administer payments received through an interest-bearing bank account and we may either retain or credit to you return on capital, such as interest. Credits for incoming payments are made on the 1st of the following month after receipt of payment in favour of the recordJet account. Once the payment has been credited to the account, you can withdraw the total amount or any partial amounts.
You are to pay all fees and expenses associated with withdrawals. We have the right to debit these fees to your account as they occur.

7. Payment/current account

You pay for our services, as specified in the applicable fees put forth in the current price table. The respective price table published on the internet at www.recordjet.com or cockpit.recordjet.com applies.

If you owe us money based on our agreement, we may set this off against the balance in your customer account. We may collect the annual fee, applicable taxes, and any other costs associated with recordJet services directly from your recordJet account or through other payment methods you specify (such as a valid PayPal account, credit card, etc.).

If your recordJet account shows a negative balance, you must correct this within 14 days. Should you miss this deadline, we reserve the right to create an interim invoice and to send you payment reminders or letters by us giving notice in our role as a creditor.

8. Obligations to third parties

We will not pay any licenses required of the copyright holders of music compositions (or their agents, such as GEMA). This is a matter you must take care of for yourself. You must also ensure that any royalties accrued by artists, producers, and other individuals involved in creating recordings or collected by performing rights societies, as well as any payments that fall under a collective bargaining agreement, or are due to third parties on a contractual or statutory basis, are paid to the respective beneficiary. This also applies to works that you distribute through us but at the same time offer free of charge or via your own website.
You are responsible for all expenses, fees, duties, taxes and charges based on use of the recordJet account and the sale of recordings. You must take care to ensure proper taxation of all income, even if the taxes are incurred abroad.

For digital sales to the US, your payments basically include royalties. If you are not the copyright holder of the music compositions you distribute, then you are responsible for paying these royalties to the appropriate person or organization.
For publication outside of Germany or the USA, we usually transfer collection requests and receipt of payments, for a license fee, to Digital Music Service Providers (DMSP). These fees may be deducted by the DMSPs from the revenue to be paid to us.If a DMSP is unable to undertake these responsibilities outside of Germany, we have the right to either refrain from licensing such a DMSP or to ourselves assume responsibility for billing and payment that is associated with the DMSP.
Regarding all license fees accruing in such a case, we may deduct them from the net earnings due to you. If we have to pay such amounts to third parties, we may deduct them from the sums to be paid to you.

9. Guarantees

You are authorized and able to conclude this contract, as well as to fulfil it and to transfer the necessary rights. You are responsible for the content of the provided recordings and materials.

You assure us and promise to undertake care to ensure that the recordings and accompanying materials transmitted to us do not violate criminal fees or legal provisions involving fines, as well as that the rights of third parties are not violated by these recordings and accompanying materials. If we become aware that this is the case, we are entitled to retain any balance on your customer account until the matter has been resolved and to deduct any third-party claims arising therefrom.
You have only provided us with truthful information and data. Should you provide incorrect information (e.g. address, tax status or tax number), we are entitled to demand correction (e.g. of bills and credit items) and to charge up to € 50 (net) for expenses, unless you can prove that a lesser expenditure or damage has arisen.

Furthermore, you assure us not to artificially increase or otherwise manipulate your streaming numbers in stores, e.g. through technical means such as using scripts or other automated processes or by streaming music over your own or a third-party account. If recordJet suspects that streaming numbers have been generated as put forth above or that it will be undertaken in the future, then we reserve the right to inform stores concerning our suspicions. If the stores confirm such suspicions or alert us to such actions in regard to the  music you have supplied, we will remove your music from all stores, block your account, and pay you no money. We reserve the right to reclaim money already paid in the event of a manipulation confirmed by a store.

10. Liability

We are liable only for intent or gross negligence.

If we become aware that this contract is affected by or violates the rights of third parties or criminal provisions, then we are entitled to retain any credit items of the customer account until any legal questions have been resolved.
We will inform you immediately if we are affected by such matters or sued therefor due to recordings you have provided us.

If legal proceedings are instituted against us, then we have the right to withhold any payments to be made to artists under this agreement in the amount of the expected payment obligations.

If you wish to settle a dispute related to this agreement, you must obtain our written consent prior to entering into any such arrangement.

If we distribute discs on demand for you, you are responsible for the quality of the sound recordings made available to us. We are not responsible for the quality of the discs, a specific purchase quantity thereof, as well as other aspects of the production and delivery of discs on demand.

We do not guarantee that the customer will receive any net proceeds from this agreement.

You are responsible for ensuring that your application and log-in ID are not used for purposes that are contrary to the criminal law or third-party rights.

You indemnify us and our contractual partners and employees from all possible claims of third parties, as well as the legal costs of prosecution or defense for the violation of third-party rights, insofar as these claims are based on the execution of this contract. This exemption includes, in particular, legal and court costs, claims for damages and claims for payment from license analogy or copyright infringement.

You are obligated to defend us at your own expense and through a lawyer chosen by us.

11. Statute of limitation

You are obligated to check the bills we have provided immediately upon receipt.

If you notice billing errors, you must notify us of them in writing within one year of receiving the bill. Claims that are communicated later can be rejected by us. This does not apply if we have intentionally or grossly negligently caused the error during billing.

12. Length of contract/termination

The contract begins with the registration on www.recordjet.com and/or cockpit.recordjet.com. It is for an indefinite period of time. If you have chosen a price model that involved an annual fee, then this fee falls due again each year, always on the date of the first-time cessation of the respective following year. To terminate the contract, it is sufficient to do so using our system. Then the removal of the works affected by the termination will be undertaken within 14 days from the corresponding stores. We will not reimburse prepaid fees for cancelled recordings and works, even if your cancellation is made in the middle of the year.

13. Confidentiality

We will, of course, keep all information and data that we learn about in the course of the business relationship confidential, unless it is also possible to obtain the data from public databases or sources, or the data or information must be disclosed to third parties for legal reasons.

You also promise us to treat the data and information received via us confidentially and not to pass it on to third parties.

Of course, this also applies when the contract between us has ended.

14. Change of terms and conditions and price list

We can change these terms and conditions or our price list at any time and without naming reasons. If so, you will be notified by email two weeks before the change.

You can then cancel this contract within two weeks of receiving the notice. Unless you cancel within two weeks of receipt of the email, you will be deemed to have confirmed the changed conditions or price list.

We will remind you of the importance of the two-week period in the email containing the changed conditions.

15. Right of cancellation

(1)Distance contracts are contracts for the supply of goods or for the provision of services, including financial services, concluded between a merchant and a consumer only using means of distance communication, unless the conclusion of the contract is not covered by a distance selling or service system. Financial services within the meaning of Sentence 1 are banking and credit-related services, insurance, individual retirement, investment or payment.

(2) Distance communication means are means of communication that can be used to initiate or conclude a contract between a consumer and a merchant without the simultaneous physical presence of the parties, in particular the use of letters, catalogues, telephone calls, faxes, emails, and broadcasting, tele services and media services.

(3) The rules on distance contracts do not apply to contracts

1. about distance education (§ 1 of the Distance Learning Protection Act),
2. about the part-time use of residential buildings (§ 481),
3. about insurance and its provision,
4. about the sale of land and rights equivalent to real property, the creation, sale and repeal of real property rights and rights equivalent to real property, as well as the construction of buildings,
5. about the supply of groceries, beverages or other household items delivered by traders to the place of residence, habitual residence or workplace of consumers by merchants in the course of frequent and regular trips,
6. about the provision of accommodations, transport, food and drink, as well as recreational services if the merchant agrees to provide the services on a specified date or within a specified time period,
7. that are concluded,
   a) through the use of vending machines or automated business premises or
   b) with operators of telecommunications equipment through the use of public payphones as long as such use was intended.

(4) For contracts involving an initial agreement followed by successive transactions or a subsequent series of separate, inter-related transactions of the same type, the rules on distance contracts apply only in the first instance. If such operations succeed one another without such agreement, the rules on information obligations of the merchant apply only to the first transaction. However, if no transaction of the same kind takes place for more than a year, then the next one is considered the first of a new series within the meaning of Sentence 2.

(5) Further provisions for the protection of the consumer remain unaffected.

16. Applicable law and jurisdiction

This contract is subject to German law. Jurisdiction is – as far as legally permissible – Berlin. The terms and conditions are also valid if you use our portal outside the Federal Republic of Germany.

17. Severability clause

Any change to this contract must be agreed upon in writing. This applies even if the change in question is to repeal the writing requirement itself. If the contract should prove to be invalid in whole or in part, then, to the extent possible, the contract is to remain unaffected thereby in its other provisions. The invalid provision is to be replaced by an alternative one that comes as close as possible to the intent of the parties.