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Terms & Conditions

 


GETER VOICE OVER SERVICES, LLC

STANDARD TERMS OF SALE

 

Anyone that places an order with us also agrees to the following:

 

Definitions.

 

"Agreement" means a completed Order Form together with these Standard Terms of Sale.

 

"Deficiency" for a recording means a recording with an incorrect reading of a script supplied or similar mistake.

 

"We" or "us" means Geter Voice Over Services, LLC.

 

"Website" means our website, the domain for which is:   www.getervoiceovers.com.

 

“Work” means a final recording or other work that we create for you.

 

"You" means the customer that is placing the order and is, therefore, a party to this Agreement.

 

1.Delivery.  All final Work that we provide to you will be delivered electronically such as a digital download.

 

2.Restrictions, Residuals and Copyrights.  Unless you elected to pay for a full buyout by selecting that alternative on the Order Form, you will not be permitted to incorporate or in any other way use the Work in other projects or by itself without paying full residuals that would apply under the then current rules of AFTRA, or its successors, to its members.  Upon your payment to us of the Buyout Fee, provided you are otherwise in compliance with this Agreement, we hereby assign to you all copyrights in the related Work.  The copyrights we assign are only in the recording of the script you provide to us.  We will have no rights in the underlying script.

 

3.Limited Warranty.  We will correct any Deficiency about which we are notified within ten (10) days of delivery of a recording to you.  This is the only warranty that we provide.  Otherwise, to the maximum extent permitted by law, our recordings and services are provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose.

 

4.Limitation of Liability.  Under no circumstances shall we be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages.  In any event our total liability is limited to the amount we have actually been paid on any particular project and you hereby release us, our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.

 

5.Taxes and Expenses.  With respect to all services we may provide to you, you will be responsible for any and all sales and use taxes and out-of-pocket expenses.

 

6.Indemnity.  You hereby agree to indemnify and hold us harmless, from losses, including, but not limited to, attorney fees, resulting from any claim made against us by any third-party as a result of any services we perform at your direction such as a claim that our reading of a script for a production, which you directed us to use for such production, constituted a copyright infringement.

 

7.Miscellaneous

 

7.1Governing Law and Jurisdiction.  This Agreement will be governed by the laws of the State of Georgia.  Each of the parties further agrees that any dispute related to this Agreement will be decided by the state and federal courts located in, or covering, DeKalb County, Georgia and agrees that the parties are subject to the jurisdiction of such courts in such locality.  If, under applicable law relating to the selection of venue in Georgia, a case may not be brought in a court located in DeKalb County, the case may be filed in a state or federal court of competent jurisdiction located in the State of Georgia where the case may be brought.

 

7.2Force Majeure.  We shall not be held liable for any delay or failure in performance of any part of this Agreement  from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.

 

7.3Survivability.  The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

 

7.4Severability.   The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

 

7.5Interpretation.  The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

 

7.6Further Actions.  Each party agrees to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.

 

7.7Counterparts.  This Agreement may be executed in counterparts, each of which shall be an original but all of which shall constitute one and the same instrument.

 

7.8Amendments.  No amendment or other change of this Agreement shall be effective unless and until  the revised Agreement is  posted by us on the Website. 

 

7.9Effectiveness of Copies.  The parties agree that copies of the signed Order Form shall be deemed the equivalent of originals and that originals need not be accounted for and such copies may be placed into evidence.  In this regard, it is understood that signatures may be exchanged by facsimile or scanned and emailed.

 

7.10Notices.  Any notice to you will be effective when sent to the last email or physical address you have given us.  Any notice to us will be effective when delivered to us by email to:  geterkr@bellsouth.net with a copy by same day or overnight courier to Kimberly Geter, P.O. Box 1732, Stone Mountain, GA 30086.

 

7.11Entire Agreement.  This Agreement, including the Order Form, embodies the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.