recordJet offers services relating to the marketing of music and sound compositions for the author or the holders of rights thereto. recordJet places music and sound compositions with suitable Internet portals. It monitors and markets the sound compositions based on the following general terms and conditions of business. At the same time it offers the holders of rights the opportunity to engage further third party services by means of the recordJet.com portal as, for example, the creation of Internet performances, advertising materials, and merchandise. These general terms and conditions of business regulate the contractual relationship between the customer and recordJet.
1. CONTRACT CONCLUSION
Upon registration the customer confirms that he/she is eighteen years of age and accepts the following terms and conditions of business. The customer is obliged to transact providing full and complete information.
2. RECORDINGS
Recordings, in the sense of this agreement, are sound recordings and recordings that combine sound and images (e.g. music videos) that the customer provides to recordJet after consenting to this agreement or thereafter. recordJet reserves the right to reject material provided to it (recordings, videos, or accompanying materials) based on its own judgment, especially if these recordings violate criminal provisions or affect third-party rights.
3. ACCOMPANYING MATERIALS
Accompanying material constitutes, inter alia, the art work for CD covers, as well as additional information and documentation concerning the recordings that have been made available and their creators.
recordJet and/or its partners are entitled to supplement and change material that has already been provided in order to fulfill its contractual obligations, especially in regard to preparing the packaging for Disc On Demand.
If accompanying material is not provided recordJet is entitled to create material of this nature. In such cases recordJet makes every effort to obtain the agreement of the customer.
If the customer states that he/she is not agreeable to the additional accompanying material, then he/she has the opportunity: (a) to prepare suitable supplementary material, or (b) to request that delivery of the material in the manner that he/she objects to be stopped.
recordJet and/or its partners are entitled to supplement and change material that has already been provided in order to fulfill its contractual obligations, especially in regard to preparing the packaging for Disc On Demand.
If accompanying material is not provided recordJet is entitled to create material of this nature. In such cases recordJet makes every effort to obtain the agreement of the customer.
If the customer states that he/she is not agreeable to the additional accompanying material, then he/she has the opportunity: (a) to prepare suitable supplementary material, or (b) to request that delivery of the material in the manner that he/she objects to be stopped.
recordJet makes no guarantees as to the quality, the amount, or other aspects of the production and delivery of Disc on Demand.
4. RIGHTS/ASSIGNMENT OF RIGHTS
The customer hereby assigns to recordJet all rights necessary for the digital marketing of recordings that are subject to this contract. In order to carry out this contract, recordJet is entitled to either use these rights itself or to exercise them by means of third parties.
recordJet is also entitled to transfer the rights that have been assigned to it in whole or in part to third parties.
By clicking on the check-in button the customer assigns recordJet – irrevocably, worldwide, and for the duration of the contractual relationship – the following non-exclusive rights in regard to the recordings or the accompanying material: the rights to, in whole or in part, sell, duplicate, distribute, and otherwise use them or to distribute them by employing all means and media (whether existing now or the future) and in all online stores (e.g. iTunes or Amazon) or to place them with interactive or non-interactive streaming and radio services that are available at the time of contract conclusion or thereafter. In this regard it is of no importance whether the services used for purposes of advertising and marketing are for payment or not.
5. THIRD-PARTY RIGHTS
It is the customer’s duty to ensure that the recordings and accompanying material provided to recordJet are not subject to third-party rights and that recordJet does not violate third-party rights in fulfilling this contract and that no claims are brought against it for such a violation.
6. PAYMENTS / CUSTOMER ACCOUNT
recordJet is authorized to collect all proceeds generated as a result of the contractual relationship. Net earnings are the actual payments made by vendors in connection with the sales of recordings. Net earnings are due to each client.
recordJet will set up a customer account for each customer (a recordJet account). It will be in the form of a virtual clearing account.
The customer can call up his/her account balance at any time by use of a user ID.
recordJet is authorized to administer collective proceeds in an interest-yielding bank account. According to its own discretion, recordJet can either retain all returns on capital generated by the net earnings or pay out the content of this bank account to the customer in whole or in part.
Credit entries for the net earnings will be made to the recordJet account within 14 days after receipt of payment by recordJet. As soon as payment has been credited to the account, the customer can withdraw the full or partial amounts according to his/her wishes.
7. SETOFF / CURRENT ACCOUNT
If the artist owes recordJet sums of money based on this agreement, recordJet reserves the right to debit all or part of these amounts from the net earnings that are to be paid to customer.
The client hereby expressly declares its agreement with recordJet’s authorization to directly withdraw the annual fee, taxes due, and other costs incurred in connection with recordJet services directly from customer’s recordJet account or through other payment methods made available by customer (e.g. a valid Paypal account, credit cards, etc.).
8. DUTIES OF THE CUSTOMER
The customer is obligated to fulfill his/her obligations under the contract. He/she must pay the fees indicated on the current price table to recordJet. The current price table follows the general terms and conditions of business.
The client is obligated to promptly inform recordJet regarding changes in the method of payment. This is to be done by making necessary changes to the settings in his/her recordJet account. If no valid means of payment is available to recordJet, recordJet is entitled to cease rendering all services.
9. OBLIGATIONS TOWARD THIRD PARTIES
The customer is solely responsible for requesting and paying for Digital Phonorecord Delivery (DPD) and all additional fees incurred by licenses for the holder of copyright to musical compositions (or their representatives, e.g. GEMA). This applies especially to payments subject to a wage agreement that are incurred through the utilization of the underlying rights by recordJet as well as for royalties for artists, producers, and other persons who were involved in the creation of the recording. Payments to performing rights societies/(copyright) collecting societies are not included herein, unless these are undertaken by the respective Digital Music Service Provider (DMSP) or recordJet.
The customer is solely responsible for all fees, dues, taxes, and cost allocations that result from use of the recordJet account by the customer or others.
The customer is solely responsible for seeing that earnings resulting from this contract are properly taxed. This also applies for any foreign taxes that fall due. recordJet usually requires that the customer request and pay for licenses for the publication of music from Digital Music Service Providers (DMSPs). These license fees can, but do not have to, be taken out of the income to be paid to recordJet by the DMSPs. If a DMSP outside Germany cannot do this, then recordJet has the right either: (a) to refuse to license such a DMSP or (b) to itself take responsibility for the billing and payment of music publication licenses associated with sales through this DMSP.
In such a case recordJet has the right to deduct all license fees incurred from the net earnings that are to be paid to customer. Should recordJet have to pay one or more of the aforementioned sums or should it decide to pay such sums, these payments will be deducted from the net earnings.
10. WARRANTIES
The customer warrants and guarantees that it is both entitled and in a position to enter into this contract, to fulfill it, and to convey the necessary rights. The customer is responsible for the content of the recording and materials provided.
The customer warrants and is responsible for seeing that recordings and accompanying materials provided to recordJet do not violate criminal provisions or provisions involving punishment by a fine, as well as that the recordings and the materials associated with them do not violate third party rights.
11. LIABILITY / INDEMNIFICATION
recordJet is only liable for intent or gross negligence.
The customer is liable for insuring that his/her registration and registration ID are not used for purposes that would violate criminal law provisions or third-party rights.
If recordJet becomes aware that third-party rights are being infringed or criminal law provisions are being violated by this Contract or the recordings that are the subject matter thereof and/or by the material accompanying such recordings, then recordJet is entitled to retain any funds in the customer account until the legal situation and the status of any possible third-party claims have been clarified and resolved.
The customer indemnifies recordJet and its contract partners and employees from all possible third- party claims, as well as against the cost of legal proceedings or defense against third party rights, if these claims are based on the implementation of this contract. The indemnification especially includes attorneys’ fees and legal costs, claims for damages, and claims for payment based on license analogy or copyright violations.
recordJet will promptly inform the customer in the case of a claim or the bringing of a complaint. The customer is required to defend recordJet at its own cost and with the legal assistance that recordJet deems necessary.
Should legal proceedings be instituted against recordJet, recordJet has the right to retain all payments made to the artist in the context of this agreement up to the amount of the expected payment obligations. Any conclusion of a legal controversy by means of settlement or other measures requires the prior written agreement of recordJet.
12. LIMITATION OF ACTIONS
Bills sent by recordJet are to be promptly examined by the customer upon receipt. Any possible claims of the customer based on incorrect billing are to be brought against recordJet within one year of receipt of the bill and in writing if the error in billing was not intentional or due to gross negligence on the part of recordJet.
13. CONTRACT DURATION / TERMINATION
This agreement enters into effect upon registration with recordJet and for the period of one year. The agreement is extended for another year if it is not terminated at least one month before the end of the current contract.
Upon receiving written notice regarding termination of the annual membership for one or more albums or videos recordJet is entitled to remove all terminated albums or videos from online stores (e.g. iTunes or Amazon) within 14 days. The customer can make application to allow the terminated recordings or videos to remain in the online stores until the end of the contract’s duration.
Reimbursement – also proportionally – for fees that have been paid in advance for terminated albums or videos is precluded, even if the termination takes place before the end of the year.
14. NON-DISCLOSURE AGREEMENT
The contracting parties are mutually obligated to confidentiality in regard to this contract as well as all business information or business practices, knowledge of which is obtained in its context, unless information was already generally available to third parties or the information must be disclosed for legal/statutory purposes. This duty of non-disclosure continues beyond the end of the contract.
15. BARCODES AND IDENTIFICATION NUMBERS
recordJet makes available without cost an ISRC (International Standard Recording Code) and a GTIN (Global Trade Item Number, earlier EAN or UPC) to every customer. These are intended exclusively for use by customers and may not be conveyed or sold. Should they be conveyed or sold recordJet will charge the customer 20 € per barcode, ISRC, or GTIN as well as all other costs and expenses incurred due to the sale or transfer. recordJet is entitled to offset these costs and expenses against possible claims of the customer.
16. DATA PROTECTION
recordJet takes data protection seriously. For this reason recordJet has established the following guidelines for the use of data:
(a) recordJet will only provide customer data to third parties for purposes necessary to contract fulfillment.
(b) recordJet will not alienate personal customer data to third parties.
(c) recordJet guarantees that it will treat personal customer data as confidential and take suitable measures to protect it against third-party access.
(d) recordJet collects and uses personal data exclusively in accordance with the provisions of the data protection law of the Federal Republic of Germany and only if it is necessary to implement recordJet offers.
(e) Each Internet browser, upon obtaining access to this Web site, transfers data to recordJet’s Web server automatically due to technical considerations. This data consists of, inter alia, the date and time of access, the URL of the referring Web site, the data called up, the amount of data sent, the browser type and version, the operating system, as well as the IP address. This data is stored separately from other data that the customer provides to recordJet when taking advantage of an offer. It is not possible to associate this data with a specific person. This data is merely evaluated for statistical purposes and then erased afterwards.
(f) If the customer and recordJet enter into a contractual relationship, or if they formulate or modify the contents thereof, recordJet collects from and uses personal data from the customer if this is necessary to attain the aforementioned goals.
(g) At the order of the competent authorities, recordJet is obligated, in individual instances and due to statutory provisions, to provide information regarding this data (inventory data) if this is necessary for the purpose of criminal proceedings, to avoid danger, or to protect intellectual property rights.
(h) recordJet, to the extent necessary, collects and uses personal data of the customer in order to make it possible to take advantage of recordJet’s Internet offerings and to issue bills for them (usage data). Such data consists especially of characteristics used to identify the customer and information regarding the beginning and end as well as the extent to which the offerings of recordJet have been utilized.
(i) If the customer has booked an additional service through recordJet, recordJet will provide personal data to its contract partners (service providers), in order to process this additional service. recordJet takes steps to ensure that its contract partners treat such data in a confidential fashion.
(j) recordJet uses so-called cookies in order to extend the scope of operation of its Internet offerings and to make usage more user-friendly for customers. With the help of cookies data can be stored on the customer’s computer when the Web site is called up. The customer has the opportunity to prevent storage of cookies on his/her computer by employing the appropriate settings for the browser. By doing so, the customer may limit the scope of operation of recordJet’s offerings.
k) Customers making use of Internet offerings have the right to request information from recordJet regarding data it has stored about them. Should the customer so wish, this information can be provided electronically.
17. CHANGES IN THESE GENERAL TERMS AND CONDITIONS OF BUSINESS / PRICE LIST
recordJet reserves the right to change these general terms and conditions of business or the price list at any time and without giving reason. The changed conditions will be sent to the user via email two weeks before they enter into effect. If the user does not terminate within two weeks after receipt of the email the changed conditions will be considered accepted. recordJet will draw special attention to the importance of the two-week deadline in the email containing the changed conditions.
18. MISCELLANEOUS
recordJet does not guarantee that the customer will obtain net earnings due to this agreement.
recordJet can assign or transfer its rights under this agreement in whole or in part. recordJet is to be informed if the customer would like to assign or transfer his/her rights under this agreement.
19. RIGHT OF CANCELLATION
(1) Distance selling contracts are contracts regarding the delivery of goods or the rendering of services including financial services that are entered into between a business and a consumer through the exclusive use of means of distance communication, unless contract conclusion does not take place in the context of a distribution or service system organized for distance selling. Financial services in the sense of Sentence 1 are bank services as well as services rendered together with a granting of credit, insurance, old-age benefits for an individual person, investments, or payment.
(2) Means of distance communication are means of communication that can be used to initiate or conclude a contract between a consumer and a business without at the same time involving the physical presence of the contracting parties, especially letters, catalogs, telephone calls, faxes, emails, as well as radio, and teleservices and media services.
(3) The provisions regarding distance sales contracts are not applicable to contracts:
1. regarding distance education [ § 1 of the Distance Learning Protection Act (Fernunterrichtsschutzgesetz)],
2. regarding the partial use of residential buildings ( § 481),
3. regarding insurance as well as its procurement,
4. regarding the alienation of real estate and real property rights, the establishment, alienation, and termination of in rem rights to real estate and real property rights, as well as the construction of buildings,
5. regarding the delivery of groceries, drinks, or other household items subject to daily use that are delivered to consumers by businesses in the context of frequent and regular trips to the home, domicile, or workplace,
6. regarding the rendering of services in the areas of lodging, conveyance, delivery of food and drink, as well as recreational activities, if the business is obligated to render services at a specific time or within a specific period of time upon contract conclusion,
7.that are entered into:
a) using vending machines or automated business premises or
b) with operators of telecommunication equipment based on the use of public telephones if their use if the subject matter of the contract.
(4) for contractual relationships that constitute a first-time agreement followed by a consecutive course of events or followed by a series of separate events of the same kind that take place within a certain period of time, the provisions regarding distance sales contracts are only applicable to the first agreement. If consecutive events of this nature take place without such an agreement, then the provisions about the information duties of the business only apply to the first event. However, if no event of the same kind takes place for longer than a year then the next event is to be considered the first event of a new series in the sense of Sentence 2.
(5) Further provisions regarding consumer protection remain unaffected.
20. APPLICABLE LAW / PLACE OF JURISDICTION
This contract is subject to German law. The place of jurisdiction is – to the extent allowed by law – Stuttgart. The general terms and conditions of business are also applicable if the recordJet portal is used outside the Federal Republic of Germany.
21. SEVERABILITY CLAUSE
Modifications to this contract must be in writing to be effective. This also holds true for the agreement to eliminate the writing requirement. If this contract is found to be invalid in whole or in part, then the contract remains in effect in regard to the remaining provisions. Statutory provisions take the place of the invalid provision unless the parties enter into an alternative agreement that approximates their original intent.
Effective Date: March 7, 2016
PRICE TABLE
All prices can vary during the course of promotional campaigns. All price quotations exclude VAT.
recordJet Business Class
– Basic
One-time setup fee: Single 19 €, EP 29 €, Album 39 €
Receive 90% of the royalties
– Premium
Annual fee: Single 9 € / Jahr, EP 19 € / Jahr, Album 29 € /Jahr
Receive 100% of the royalties
recordJet First Class
Individual Deals
including many upgrades, volume-based deals, etc.
Deal changes will result in a 10 € fee per release (one-time).
All fees must be paid to recordJet before the artistic content is delivered to third parties.
3. FURTHER SERVICES
Current fees for booking additional services can be found on the recordJet Website under the menu item Services.