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Podcast and interview editing · London

business@krokomontage.com

Kroko Montage Limited

Terms of Service

Set out as a transcript, because a contract is two parties saying what they will do. Who is speaking is on the left; where a statute is speaking, that is on the left too.

Who is speaking

Kroko Montage
Kroko Montage Limited, registered in England and Wales, company number 17457883, registered office 167-169 Great Portland Street, London, England, W1W 5PF. Written to at business@krokomontage.com.
You
Whoever is arranging for a recording to be edited, whether for yourself or for the organisation you work for.

Who you are contracting with

Kroko Montage

Kroko Montage Limited, a private limited company registered in England and Wales with company number 17457883, whose registered office is at 167-169 Great Portland Street, London, England, W1W 5PF. Written to at business@krokomontage.com. Everywhere below, we and us mean that company.

Kroko Montage

And you, everywhere below, are whoever places the order. Where you are ordering for a business, the business is the customer and you are agreeing these terms on its behalf. Where you are ordering as an individual and not for business purposes, you are a consumer, and the statutory rights named further down apply to you.

What is being sold

Kroko Montage

Audio editing and post-production for podcasts and recorded interviews, carried out on recordings you supply. An order may include any of these, and the quotation says which:

  • Taking out pauses, hesitations, repetitions and false starts, and any segment you tell us to remove;
  • Reducing background noise as far as the recording allows;
  • Balancing levels between speakers and across the episode, and keeping peaks clear of the ceiling;
  • Assembling the episode with the intro, outro, beds and stings you supply, and joining separately recorded segments;
  • Handing over the result as a WAV master and an MP3 made from it, named to your convention.

Work is shaped as one of three jobs: a single track, separate tracks for each speaker, or a fully assembled episode. What each covers is on the Packages page, and the quotation states which one an order is.

Not part of it, and not quoted for as though it were:

  • Video editing of any kind. This is an audio service;
  • Writing, presenting, voicing or hosting an episode;
  • Supplying or licensing music, stings or sound effects;
  • Publishing, hosting or running your feed.

How the contract is made

Kroko Montage

It starts with you telling us what you have recorded and what you want done with it, by email or through the form on the Contact page.

We listen to the material and send a written quotation. It names the scope, one total figure, the date the files are due, and how many rounds of changes are included. A quotation is an offer and nothing more: it binds nobody until you accept it.

You

I accept that quotation, in writing, by replying to it.

Kroko Montage

We send an order confirmation by email. That confirmation is what makes the contract, and the terms of it are the quotation you accepted together with this page. Nothing is started and nothing is charged for before it.

Where the work turns out to be larger than what was quoted for, we come back with a fresh quotation and wait for you to accept that too. We do not carry on and invoice the difference.

The price and the currency

Kroko Montage

Prices are in pounds sterling (GBP). The quotation states one total figure for the work described in it, and that figure includes any tax due on it.

Nothing is added to it afterwards. There is no handling charge, no file charge, no charge for a delivery link and no surcharge for paying one way rather than another.

Figures are not published on this website, because what an episode costs depends on the recording: its length, how many separate tracks it arrived on, how much has to come out, what condition it is in and what has to be assembled. The figure for your order is the one in your quotation.

Paying

Kroko Montage

An invoice follows the order confirmation. Payment is by bank transfer against that invoice, by card, or through PayPal, on the secure payment link the invoice carries. When payment falls due is stated on the invoice.

This website takes no payments and has no checkout. Card details are entered on the payment provider's own page, are handled by that provider under their terms, and never reach us: we do not see a card number and we do not store one.

Where an invoice is not paid by the date on it, we may hold the files until it is, and we may charge statutory interest on a business debt. We do not charge a consumer a penalty for late payment.

What you supply, and what you promise about it

Kroko Montage

You supply, in a form we can open:

  • The recording, or a working link to it that stays live long enough for us to copy it;
  • Any music, stings and beds you want in the episode;
  • The brief: what should come out, where things go, and how names are spelled;
  • Your answers at each point where the work waits on one.

And by placing the order you confirm, because the work rests on it:

  • That you hold the rights to everything you send, including every piece of music and every sting, and that those rights cover a podcast and cover the way you intend to publish it;
  • That the people recorded agreed to being recorded and to the recording being published;
  • That nothing in the material is unlawful.

We take those confirmations at face value and do not go behind them, which is why they matter. We do not license music for you and we put nothing into an episode that did not come from you.

Where something we are waiting on does not arrive, the date in the quotation moves by the time we waited, and we tell you the new one rather than letting the old one pass quietly.

What is handed over, and when

Kroko Montage

A WAV master and an MP3 made from it, named to your convention, by email or on a download link. Everything in an order is a file: nothing is posted, and there is no delivery charge because there is nothing to deliver in the physical sense.

The date is the one in the quotation, repeated in the order confirmation, and it runs from the point at which the material, the brief and any payment due up front are all with us. How the files arrive, what to do if they do not, and what happens if a link lapses are on the Delivery & Refunds page.

Changes after handover

Kroko Montage

The quotation says how many rounds of changes come with the order and how long you have to ask for them. A round is you listening through and coming back with everything at once.

Putting right something we got wrong is not a round and is never charged for. Changing what the episode is, adding material that was not in the brief, or re-cutting round a segment you have since decided to drop is new work: we quote for it and wait for you to accept the quotation before starting.

Cancelling, and getting money back

Kroko Montage

A consumer has a statutory right to cancel within 14 days of the contract being made, and that right is not taken away by anything on this page. How it works, what happens if you asked us to start inside those 14 days, the position on files handed over straight away, and the model cancellation form are all set out on the Delivery & Refunds page.

Who owns the finished episode

Kroko Montage

Your recording stays yours. Sending it to us gives us permission to work on it for your order and for nothing else.

Once the order is paid for in full, everything we made for it is yours to use however you like, for as long as you like, anywhere: the edited episode, the exports and the marker points. There is no separate licence to buy, no usage limit, no expiry and no restriction on territory or platform.

What that transfers is our work on your material. It cannot give you rights in music, in stings or in anybody's voice that you did not already hold.

We keep no right to show, publish or reuse your episode. We do not credit ourselves in it and do not ask to be credited.

Your rights under the Consumer Rights Act

Consumer Rights Act 2015

A service must be carried out with reasonable care and skill (section 49). Digital content supplied must be of satisfactory quality (section 34), fit for a purpose made known to the trader (section 35) and as described (section 36). A term that tries to exclude or restrict any of that is not binding on the consumer (sections 47 and 57).

Kroko Montage

We do not try to. Nothing on this page reduces those rights, and where anything here reads as though it might, the statute wins and the sentence is to be ignored.

What that means here: if the editing was not done with reasonable care and skill, you can require it to be done again, and where that is impossible or not done within a reasonable time, you can require a reduction in the price. If the files are faulty, do not match what was described, or are unfit for a purpose you told us about before ordering, you can require them to be repaired or replaced, and failing that a reduction or a refund.

What we will not work on

Kroko Montage

We can decline an order, or stop work on one, where the material is any of the following. Where we stop for this reason, you are refunded for the part of the work not done.

  • Material you do not hold the rights to, including music used without a licence that covers it;
  • Recordings made of people who did not know they were being recorded;
  • Anything unlawful, or anything that would put us in breach of the law to work on;
  • Material that sets out to harass or defame a named person, or to pass off an edited recording as something that was said;
  • Editing done in order to change the meaning of what somebody said and present the result as their words.

The last one is worth being plain about. Rearranging an interview so that it reads better is the job. Rearranging it so that somebody appears to have said something they did not is a different thing, and we will not do it.

Where our responsibility stops

Kroko Montage

We are responsible for loss you suffer that follows from our breaking this contract or failing to use reasonable care and skill, where that loss was a foreseeable result of it. Where it is money, our responsibility for an order is limited to the amount paid for that order.

We are not responsible for loss that was not foreseeable, for loss of profits, listeners, sponsorship or business opportunity where you order as a business, or for material you supplied turning out to be something you had no right to use.

The law

Some things cannot be limited, whatever a contract says.

Kroko Montage

So these are not limited and are not excluded:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation;
  • Your rights under the Consumer Rights Act 2015, including those in the section above;
  • Anything else that the law does not allow to be excluded or limited.

We keep no copy of your material beyond the periods in the Privacy Policy, so the only copy of a recording that survives an order is yours. Keeping your own copy is not something to leave to us.

Ending the contract

You

I no longer want the work done.

Kroko Montage

Then it ends, from the moment you tell us in writing. What you pay depends on where the work had got to: nothing beyond what has already been done, worked out in proportion to the whole of the order. Where you are a consumer cancelling inside the statutory 14 days, the position is on the Delivery & Refunds page instead, and it is more generous than this.

We can end it ourselves where you do not pay an invoice when it falls due, where something we need has not arrived after we have asked for it in writing and given you a reasonable further period, or where the material falls into the list two sections above.

Either way, work already done and paid for stays yours, and anything paid for work not done comes back to you.

Complaints

Kroko Montage

Write to business@krokomontage.com and say what is wrong. We acknowledge a complaint within three working days of receiving it, and answer it in full within fifteen working days. Where something takes longer than that to look into, we say so before the fifteen days are up and give you a date.

If it is our mistake we put it right at our own cost. We would rather hear it from you than from a payment provider.

Which version of these terms applies

Kroko Montage

The version published on the day your order was confirmed, and we keep a copy of it. A change to this page does not reach back into an order already agreed. Where a change would affect work already under way, we tell you before carrying on.

Which law applies

Kroko Montage

The contract is governed by the law of England and Wales, and the courts of England and Wales deal with any dispute about it.

If you are a consumer living elsewhere in the United Kingdom, this does not take away the protection your own law gives you, and you may bring proceedings in your own courts.