Terms and conditions
The terms that apply when you commission work from us. Written to be read, rather than to be skipped.
Last updated: To be confirmed
1. These terms
Bartlett Audio is the trading name of Barak Bartlett, ABN 11 620 916 347, based in Victoria, Australia.
These terms apply when you commission work from us, accept a quote, or pay an invoice. In them, "we" and "us" mean Bartlett Audio and "you" means the client. Where a signed quote or written scope says something different, that document takes precedence over these terms for that project.
2. What we do, and what is included
We provide audio post-production: voice production, sound design, mixing and the related services described on this site. Each project is quoted against a written brief that sets out what is being delivered.
Review and changes. We do not cap the number of review rounds within the agreed brief. We are not finished until you are happy with the result we set out to deliver. What that does not cover is a change to the brief itself: a new picture lock, a different creative direction, additional runtime or extra deliverables are new work, and we will quote them before starting.
We do not provide video editing, live or real-time direction, on-camera work, or channel strategy.
3. The free demo
We offer a free finished sample so you can hear the difference before committing.
- The sample is prepared at our discretion and we may decline a request.
- You may use the returned sample on your own channel at no cost.
- We retain copyright in our processing and in any original material we create for the sample, on the same basis as paid work.
- We may use the sample in our portfolio unless you tell us in writing not to before you send the material.
4. What we need from you
We can only hit a turnaround if the material arrives ready to work with. You agree to:
- Send raw, unprocessed audio in the agreed format.
- Lock picture before sound design begins, where the project requires it.
- Give us the reference material and brief we ask for.
- Respond to approval requests within a reasonable time.
Delays in any of the above move the delivery date by at least the length of the delay.
5. Your material, and your promise to us
This one matters. When you send us material, you confirm that you own it or have permission to use it, and that our working on it will not infringe anyone else's rights. That includes any music, samples, clips or contributions from other people contained in what you send.
You agree to cover us for any claim, loss or cost that arises from material you supplied that you did not have the right to supply. If we have reason to think material is not cleared, we may decline to work on it.
6. Turnaround and delivery
Indicative turnaround times are published on the relevant service pages and confirmed in your quote. They run from the point we receive everything listed in clause 4, not from the date you booked.
We will tell you as soon as we know if a date is at risk. Times given are estimates made in good faith rather than guarantees, unless your quote says otherwise in writing.
7. Fees and payment
- Fees are fixed per project and set out in your quote.
- Fees are quoted and invoiced in Australian dollars.
- Invoices are payable by the date shown on the invoice.
- Final high-resolution files are released once payment has cleared.
- You are responsible for any sending, intermediary or currency conversion fees your bank applies, so that we receive the invoiced amount in full.
8. Cancellation
If you cancel after work has started, you are charged for the work completed up to that point, and we will deliver what has been done. If we cancel for a reason that is not your fault, we refund anything paid for work not yet delivered.
Nothing in this clause limits your rights under the Australian Consumer Law.
9. Ownership and your licence to use the work
- What we keep. We retain copyright and intellectual property in original music, sound design assets and the custom voice processing chains we build.
- What you get. On final payment, you receive a worldwide, perpetual, non-exclusive licence to use the delivered audio across your channels, including video platforms, social media, podcasts and your website.
- What the licence does not allow. You may not resell, repackage, license or distribute the delivered audio or processing chains as standalone assets, or claim authorship of the music or sound design.
- Buying the rights outright. A full transfer of ownership is available only by separate written agreement and for an additional fee.
- This website. The content, design, layout, logos, graphics and code on this site belong to us and may not be copied, scraped or reproduced.
10. Licensed and royalty-free material
We may use licensed or royalty-free music, loops and effects when building your audio. These are used under licence to us, and you receive the benefit of them only as integrated parts of the final delivered mix, not as separate files.
11. Delivery, storage and the thirty-day window
Finished audio is delivered through online storage links. Those links stay active for thirty days from delivery. Downloading and archiving your files within that window is your responsibility.
We are not an archival service. After the thirty days we may no longer hold a copy, and we are not able to guarantee recovery. Subject to clause 14, we are not liable for loss of files after that point.
12. Credit and portfolio use
Unless we have signed a confidentiality agreement with you before the project starts, we may use short extracts of the finished work in our showreel, portfolio and marketing. We will credit your channel. If you would rather we did not use a particular project, tell us and we will not.
13. Confidentiality
We treat unreleased material you send us as confidential. We will not share it, publish it or discuss it outside the project team before you release it, and we will hold it securely.
14. Liability
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees. For a major failure you are entitled to a refund or a resupply, and to compensation for reasonably foreseeable loss.
Beyond those rights, and to the extent the law allows:
- Our total liability for any project is limited to the fees you paid us for that project.
- We are not liable for indirect or consequential loss, including lost revenue, lost views, lost sponsorship or reputational harm.
- We are not liable for loss arising from material you supplied, or from a delay caused by something outside our reasonable control.
15. Ending the agreement
Either of us may end a project by written notice if the other has seriously breached these terms and has not fixed it within fourteen days of being asked. Clauses covering ownership, confidentiality, your promise to us and liability continue to apply after a project ends.
16. Changes to these terms
We may update these terms. The version that applies to your project is the one published when you accepted the quote, and we will not change the terms of work already underway without your agreement.
17. Governing law
These terms are governed by the laws of Victoria, Australia, and both of us submit to the courts of that state. We will both try to resolve a dispute in good faith before starting proceedings.
18. General
- If any part of these terms is found to be unenforceable, the rest continues to apply.
- Neither of us is responsible for a failure caused by something genuinely outside our control.
- You may not transfer your agreement with us to someone else without our written consent.
- These terms, together with your quote, are the whole agreement between us.
19. Contact
Questions about these terms can be sent to studio@bartlettaudio.com.au.