Terms and conditions

Art. 1 Scope

These terms and conditions apply to all contracts between Klangnest Tonstudio GmbH, Burggasse 95, 1070 Vienna (“Klangnest”, “we”), and its clients for studio services: recording, mixing, mastering and related work.

They apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and to business clients (B2B) alike. Differing terms of the client become part of the contract only if we have expressly agreed to them in writing.

Art. 2 Conclusion of contract and booking

Information on this website, in particular on the services page, is not a binding offer but an invitation to enquire. In response to your enquiry via the contact form, by e-mail or by telephone, you receive a quote within one working day.

The contract is concluded when you accept the quote by e-mail and the deposit under article 6 has reached our account. Only then is the studio date reserved for you. Changes to the scope of work are agreed in writing; e-mail is sufficient.

Art. 3 Your part in the session

A session can only succeed with your cooperation. You undertake

• to arrive on time and prepared; studio time that starts late shortens the session without reducing the price;
• to hand over references, lyrics, backing tracks or multitrack files in good time and in the agreed formats (see our guide to file formats);
• to tell us in advance how many people will take part and which instruments you will bring;
• to bring in only material in which you hold the necessary rights (article 8).

Delays caused by missing cooperation extend our delivery times accordingly.

Art. 4 Studio time and house rules

Studio time covers set-up, soundcheck, recording and pack-down within the booked slot. Extensions are possible subject to availability at the agreed hourly rate.

Contracting parties must be of legal age (minimum age 18). Minors may take part in a session only with the written consent of, and accompanied by, a parent or legal guardian.

Smoking is prohibited in all rooms, including e-cigarettes. We do not serve alcohol, and alcoholic drinks may not be consumed in the recording and control rooms. We may exclude anyone who is visibly intoxicated or under the influence of drugs; the booked time then counts as used. We do not take instruments or valuables into safekeeping.

Art. 5 Cancellation and rescheduling

The following applies to cancelling or rescheduling a booked date; what counts is the time your e-mail reaches us:

• Up to five working days before the session: cancellation and rescheduling are free of charge; a deposit is refunded or credited to the new date.
• Less than five working days but at least 48 hours before the session: the 30 % deposit is retained as a cancellation fee; if you reschedule, we credit it to the new date provided the new date is agreed at the same time as the cancellation.
• Less than 48 hours before the session, or no-show: we charge half of the agreed fee (50 %) for the booked studio time.

You remain free to prove that we suffered no loss or a smaller one. If we have to cancel ourselves, for example because of illness or an equipment failure, we offer a replacement date or refund the deposit in full; further claims are governed by article 10.

Art. 6 Prices, payment and deposit

All prices are in euros and include 20 % VAT. Invoices to business clients show the net amount and VAT separately. The prices in the accepted quote are binding.

A 30 % deposit on the order value is due on booking. The balance is invoiced once the work has been delivered and is payable without deduction: within 7 days of the invoice date for consumers and within 14 days for business clients, by bank transfer to the account stated on the invoice.

If payment is late, we charge statutory default interest and necessary reminder costs. Until payment in full we may withhold the release of recordings and masters (article 8).

Art. 7 Revisions and approval

The mixing price includes two revision rounds per track; the mastering price includes one revision round. A revision round covers all change requests that you send us in writing, collected together, for one version. Further rounds or changes beyond the agreed scope are quoted separately.

Delivery times unless otherwise agreed: raw files within 2 working days of the recording, mixes within 7 working days per 5 tracks, masters within 3 working days after the mix has been approved. These periods start once we have received all files and documents in full.

If you raise no change requests or complaints within 14 days of a version being delivered, it counts as approved. Changes commissioned later are charged on a time basis. Your statutory warranty rights under article 10 remain unaffected.

Art. 8 Rights in recordings and masters

As producer of the recordings, Klangnest initially holds the phonogram producer's rights in the recordings, mixes and masters created in the studio. We transfer these rights to you in full and without limitation in time, territory or content as soon as the agreed fee has reached us in full (100 % payment). Until then, recordings and masters may be used only for internal review and may not be published, copied or passed on.

Copyright in compositions and lyrics, and the performers' rights of the artists involved, remain with the rights holders. You confirm that you hold the necessary rights and consents in all material you bring in, in particular compositions, lyrics, samples, backing tracks and the contributions of everyone taking part, and you indemnify us against third-party claims arising from a breach of this assurance.

The background is explained in our guide to rights in your master.

Art. 9 Delivery, archiving and deletion

We deliver the agreed files in the formats stated in the quote via a download link. Formats, stems or alternative versions that were not agreed must be commissioned separately.

We keep project data, raw recordings and masters for 12 months after the job is completed and then delete them without further notice. Please make your own backups of all delivered files. Longer storage can be agreed separately before the period ends.

Art. 10 Warranty and liability

We carry out our work professionally and to the current state of the art; the statutory warranty rules apply. We remedy justified defects within a reasonable period. We do not owe a particular artistic result or acceptance by platforms, labels or pressing plants.

We are liable only for intent or gross negligence; we are not liable for slight negligence, except for personal injury. Towards business clients we do not compensate lost profit, consequential loss or loss of data where reasonable backups were missing. Towards consumers these limitations apply only as far as the KSchG permits.

Art. 11 Right of withdrawal for consumers

If you conclude the contract with us as a consumer exclusively by distance communication, for example by e-mail or through the contact form, you may withdraw from it under the Austrian Distance and Off-Premises Contracts Act (FAGG) within 14 days of its conclusion without giving reasons. An informal e-mail to [email protected] is enough, and sending it in time meets the deadline. We refund payments received within 14 days.

If you expressly asked us to begin the work during the withdrawal period, you owe a proportionate amount for the part performed up to your withdrawal. The right of withdrawal lapses once we have fully performed the service at your express request before the period ends and you have previously acknowledged that you lose your right of withdrawal as a result.

Art. 12 Data protection

We process personal data only where necessary for enquiries, bookings, carrying out the work and invoicing, or where the law requires it. Details on purposes, legal bases, retention periods and your rights are in our privacy policy. If you hand us personal data of third parties as a business client, for example of podcast guests, we conclude a data processing agreement on request.

Art. 13 Applicable law and jurisdiction

Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

For disputes with business clients, the Commercial Court of Vienna (Handelsgericht Wien) has exclusive jurisdiction. For actions against consumers, jurisdiction follows the KSchG, as a rule the court of their place of residence, habitual abode or place of employment in Austria.

Art. 14 Final provisions

Amendments and additions to the contract must be made in writing; e-mail is sufficient. Should any provision of these terms be or become invalid, the remaining provisions remain in force. The German version is authoritative. We answer questions through the contact page; common questions are covered in our FAQ.