Terms & Conditions
This statement was last updated on [13-12-2024].
Welcome to God Grace Studio. These terms and conditions outline the rules and regulations for the use of our website and services. By accessing or using our services, you agree to comply with these terms. These terms are governed by and in compliance with applicable Indian laws, including:
‑ The Indian Contract Act, 1872
‑ The Copyright Act, 1957
‑ The Information Technology Act, 2000
‑ The Consumer Protection Act, 2019
General Terms
‑ These terms apply to all users, including clients, music labels, production companies, and any entity engaging our services.
‑ We reserve the right to modify these terms at any time. All changes will be updated on this page, and it is the responsibility of the users to review changes periodically.
‑ The terms are in accordance with Section 10 of the Indian Contract Act, 1872, which specifies that all agreements must be legally enforceable and entered with free consent.
Services
‑ God Grace Studio offers services such as music composition, production, mixing, mastering, sound effects, Dolby mixing, custom sounds, film scores, background music, ghostwriting, and music distribution.
‑ The scope of each project will be detailed in a contract or service agreement signed by both parties before any work begins.
‑ All work produced by God Grace Studio is proprietary until payment is made in full and is protected under The Copyright Act, 1957.
‑ Our music distribution services comply with The Cinematograph Act, 1952 and related licensing laws where applicable.
Client Responsibilities
‑ Clients must provide all necessary content, files, and briefs in a timely manner for the project to proceed on schedule.
‑ All materials supplied by the client (lyrics, recorded audio, reference tracks) must be free of copyright infringement. Any violation will be the client's responsibility under Section 51 of the Copyright Act, 1957.
‑ Clients must maintain regular communication with the studio for feedback and approvals.
Payment Terms
‑ A deposit (as agreed upon) is required before any project work begins.
‑ Full payment must be made within the agreed deadline, either upon project completion or as per the milestone‑based agreement.
‑ Failure to make payment may result in project delays or legal action to recover dues under The Indian Contract Act, 1872.
Cancellation and Refunds
‑ Once a service agreement is signed, the client cannot cancel the project without paying for the work completed up to that point.
‑ Refunds are not provided unless agreed upon in writing in exceptional cases, and all claims must be submitted within 30 days of service completion in compliance with The Consumer Protection Act, 2019.
Intellectual Property Rights
‑ All music, sound design, scores, compositions, and related services created by God Grace Studio remain the property of the studio until full payment is received.
‑ Upon full payment, intellectual property rights are transferred to the client unless otherwise specified in the service agreement, in accordance with The Copyright Act, 1957.
‑ The studio retains the right to use portions of completed work for promotional and portfolio purposes unless otherwise requested by the client.
Confidentiality
‑ God Grace Studio will maintain the confidentiality of all client projects unless otherwise agreed in writing.
‑ Clients agree to keep all project‑related information confidential, including pricing, production processes, and any proprietary techniques used by the studio. Confidentiality is protected under The Indian Contract Act, 1872.
Limitations of Liability
‑ The studio is not liable for any loss or damage, direct or indirect, arising from the use of our services or website, subject to Section 73 of The Indian Contract Act, 1872.
‑ The studio shall not be held responsible for delays caused by circumstances beyond its control (e.g., technical issues, equipment failures, etc.).
Dispute Resolution and Governing Law
‑ Any disputes arising out of or in connection with these terms will be governed by the laws of India, specifically under the jurisdiction of Gujarat courts.
‑ Dispute resolution will follow The Arbitration and Conciliation Act, 1996, wherein parties agree to resolve matters through arbitration before pursuing legal action.
Limitation of Liability
‑ God Grace Studio will not be held liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use of its services, even if the studio was advised of the possibility of such damages.
‑ The studio’s liability to the client or any third party is limited to the amount paid for the specific service under dispute, except in cases of willful misconduct or gross negligence as per Section 73 of The Indian Contract Act, 1872.
‑ We will not be liable for any content or materials provided by the client that violate any third‑party intellectual property rights, and the client agrees to indemnify the studio in such cases.
Indemnification
‑ The client agrees to indemnify, defend, and hold harmless God Grace Studio, its directors, employees, agents, and affiliates from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from:
‑ Any breach of these terms by the client.
‑ Any violation of copyright laws or other intellectual property rights related to content provided by the client.
‑ Any use of the studio's services that results in harm to a third party.
‑ This indemnification obligation shall survive the termination of the service agreement.
Force Majeure
‑ God Grace Studio will not be held liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, government restrictions, wars, terrorism, strikes, pandemics, technical failures, power outages, or any other unforeseen circumstances as per Section 56 of The Indian Contract Act, 1872.
‑ In the event of such a force majeure event, the studio will notify the client and make reasonable efforts to resume services as soon as possible.
Dispute Resolution and Arbitration
‑ In the event of a dispute, both parties agree to first attempt to resolve the matter through negotiation.
‑ If negotiation fails, the dispute will be settled through arbitration in accordance with the Arbitration and Conciliation Act, 1996, with the venue of arbitration being Ahmedabad, Gujarat.
‑ The decision of the arbitrator will be final and binding on both parties, and the arbitration costs will be shared equally unless otherwise awarded by the arbitrator.
Termination of Services
‑ God Grace Studio reserves the right to terminate or suspend any service at its discretion if the client:
‑ Fails to make payment within the agreed timeline.
‑ Violates any of the terms outlined in this agreement.
‑ Engages in any activity that compromises the studio's reputation or the project’s integrity.
‑ Upon termination, the studio will provide the client with any work completed up to the point of termination, subject to full payment for services rendered.
No Guarantee of Results
‑ God Grace Studio makes no guarantees regarding the commercial success or acceptance of any music, sound effects, or film scores created as part of its services. The studio is responsible for delivering professional‑quality work as per the client’s brief but cannot guarantee market performance or audience reception.
‑ The client acknowledges that any creative work is subjective and that adjustments based on feedback may be required, but this does not entitle the client to claim nonperformance or seek refunds unless explicitly agreed upon.
Non‑Solicitation
‑ During the term of any contract and for a period of 12 months thereafter, the client agrees not to directly or indirectly solicit any employees, contractors, or consultants of God Grace Studio for employment or freelance services.
‑ Breaching this clause will result in liquidated damages to the studio in an amount equivalent to six months of the employee or contractor's compensation.
Non‑Disparagement
‑ The client agrees not to make any public statements or engage in any actions that could reasonably be expected to damage the reputation or business of God Grace Studio. This includes refraining from making negative comments on social media,
public forums, or to third parties.
‑ If a dispute arises, both parties agree to keep the matter confidential and resolve it through proper legal channels.
Accuracy of Client Data and Materials
‑ The client is responsible for ensuring the accuracy of all data, instructions, materials, and briefs provided to the studio. Any errors or omissions in the materials provided by the client may result in additional costs or delays, for which God Grace Studio will not be held liable.
‑The client must ensure that any data, files, or materials they provide are free from viruses, malware, or harmful code. If such materials result in damages or delays, the client is responsible for all related costs and liability.
No Waiver
‑ The failure of God Grace Studio to enforce any provision of these terms and conditions will not be construed as a waiver of that provision or any other provision in this agreement.
‑ Any waiver or amendment of these terms must be in writing and signed by both
parties to be valid.
Severability
‑ If any provision of these terms and conditions is found to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Also, all the music & song writing rights will only be transferred to the client in a written note from the company with downloadable WAV or MP3 files only after the final master file is approved by both the parties (the studio/company and the client) and the payment is cleared.
Entire Agreement
‑ These terms and conditions, together with the teams mentioned in quotation provided or any contracts or agreements entered into between the client and God Grace Studio, constitute the entire agreement between the parties concerning the services provided.
‑ Any prior agreements, discussions, or understandings are hereby superseded by this agreement, and any changes to these terms must be agreed upon in writing by both parties.