Podcast Buddy Terms of Service
Welcome! I am looking forward to working with you. Please read this information carefully. The purpose of this Agreement is to set forth the details about working together so that we both are clear as to what each of our respective roles are and how our communication will take place so that our time will be positive, productive, and comfortable.
This Agreement is being made between Travis Brown of Podcast Buddy (Ear Candy Digital Inc.) of 770 County Line Rd, Aurora, IL 60502 (“Chief Audio Editor” or “me”) and (“Client” or “you”).
Podcast Editing Service.
My service includes:
Podcast Audio Editing – Removing spaces, Um’s (when possible) Mixing/Mastering
Show Notes (Summary) with Links (Up to 300 words/1 revision)
Uploading/Scheduling to your Libsyn hosting account
Uploading/Archiving shows and notes in Google Drive
Provide Embed links for web + social media
Technical Support (email/telephone)
During the Program, you can expect that I will:
Provide high quality audio
Provide detailed, link rich, show notes
Meet requested publish dates
Offer support, encouragement, feedback and guidance.
I expect that you will:
Provide audio to me through podcastbuddy.co/submit
Audio files should be named properly
Provide detailed editing notes if needed
Give at least 72 hours lead time on episodes
Respond to email requests in a timely manner
Promptly provide payment for the Podcast Editing Services (Invoices to be completed the last day of the month)
Contact and Timing
Contacting Podcast Buddy: I try to be attentive to my clients. Should you need to reach me between episodes, please contact me between 8:00am -6:00pm (CST). I will do my best to respond to you within 24 hours on weekdays. On weekends and holidays, I will do my best to reply to you by the next business day. Any e-mails, calls or texts to me related to your Podcast are for quick questions and you will receive brief responses. If you want to discuss something at length with me, I may request that we schedule a phone call.
Podcast Revisions: If you need revisions made on an episode, you need to contact me at least 48 hours in advance of your shows scheduled publish date by sending an e-mail to me.
Client requested revisions will be billed at $33/hour additional to your current show rate show below.
Cancellation: Our working relationship is important. If you need to cancel my service, you need to provide me 30-day notice. This will allow us time to properly divest your assets, shared folders, log in’s, and other credentials.
Investment and Payment
Investment: You agree that you are financially willing and able to invest in this Podcast Editing Service by choice, and that by so doing, you are not incurring any economic hardship in any way. You will be billed for your shows at the end of each month. You will be issued a PayPal invoice that you are required to manually pay by the date due on the invoice. Billing is calculated by length of show. Invoices are sent from Earcandydigital@gmail.com.
Missed Payment: If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3 day grace period to make the payment following the due date, otherwise your Podcast will be put on hold. If no payment is made within the 3 day grace period, we will charge a $75 late fee and put a hold on editing, scheduling, or any work on episodes in your pipeline.
Refund Policy: It is my intention for you to be happy with your Podcast Audio Editing. However, because I have invested considerable time and effort in your Podcast, if you decide to withdraw at any time for any reason, you are still fully responsible for making all Podcast Editing payments, and no refunds will be provided.
Confidentiality is important to me. I will keep all information exchanged between us during the Program confidential. I will not disclose any information that you share with me during the Program to anyone else unless: (1) they have a legitimate reason to know such information as a member of my team or staff, (2) when required by law, or (3) you have given me prior written permission.
Intellectual Property Rights.
You retain all ownership and intellectual property rights to your Podcast content and materials provided to me, including all copyrights and any trademarks belonging to you.
Personal Responsibility, Disclaimer & Release of Claims.
Personal Responsibility & Assumption of Risk: You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your Podcast. You accept full responsibility for your choices, actions and results before, during, and you knowingly assume all of the risks of the Podcast related to your content, copyright, etc. You understand and agree that you are solely responsible for your results.
Disclaimer: By entering this Agreement, you agree that you are also consenting to the Terms and Conditions of this service.
Limitation of Liability, Indemnification, and Release of Claims: I will not be held responsible in any way for the information that you request or receive through this service. You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in Podcast Audio Editing service, including all services, products, and Podcast Materials, to the extent permitted by applicable law.
Other Important Terms.
Termination: If either of us want to terminate the Agreement at any time, we both agree to notify the other at least 30 days in advance by e-mail. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.
Notice: All correspondence or notice required regarding Podcast Editing shall be made to me by e-mail at firstname.lastname@example.org and to you at the e-mail address you provided during your enrollment in the Podcast Buddy Editing Service. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change.
Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.
Governing Law: This Agreement shall be construed according to the laws of the County of Dupage in the State of Illinois.
Dispute Resolution: Should we ever have any differences, it is hoped that we could work them out amiably through e-mail correspondence. However, if we are unable to seek resolution in 14 days, we agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in the County of Dupage in the State of Illinois where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
Non-Disparagement: If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about Podcast Buddy, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.
By entering this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you are in agreement with all of the terms of this Agreement.