Terms of service
1. SERVICES AND PRODUCTS
Wavely LLC offers:
- Services: audio post-production, including (without limitation) editing, mixing, sound design, dialogue cleanup, noise reduction, mastering, loudness compliance, file formatting, stems, and deliverables for broadcast, film, podcast, or web.
- Products: physical goods sold via our website, which may include audio equipment, accessories, and related items, sometimes fulfilled by third-party suppliers.
All Services are provided on a project-by-project basis or as defined by the specific package or tier purchased.
2. ESTIMATES, SCOPE, AND CLIENT RESPONSIBILITIES
2.1 Scope of Work
Services are limited to the scope described in the purchased package, estimate, invoice, or written agreement. Any work outside that scope may require additional fees.
2.2 Client Materials
You are responsible for:
- providing accurate instructions and reference materials;
- supplying all necessary audio/video files, timecodes, and specs;
- ensuring files are complete, accessible, and not corrupted;
- confirming technical delivery requirements.
2.3 Delays Caused by Client
If a project is delayed due to missing files, unclear direction, or delayed feedback, deadlines may be adjusted. Projects paused for more than 14 days may require rescheduling or additional fees.
3. PAYMENT TERMS
3.1 Services
All Services are billed as one-time purchases unless otherwise stated.
3.2 Payment Timing
Payment is due according to invoice or checkout terms. Unless otherwise stated, full payment is required prior to delivery of final files.
3.3 Products
Products must be paid in full at checkout.
3.4 Late Payments
We may pause work or withhold deliverables for unpaid balances. You are responsible for any collection costs where permitted by law.
3.5 Taxes
You are responsible for applicable taxes.
4. REFUNDS, RETURNS, AND CANCELLATIONS
4.1 Services (No Refunds)
All Service sales are final. No refunds will be provided once work has begun.
4.2 Products (30-Day Returns)
Physical Products may be returned within 30 days of delivery if:
- unused and in original packaging
- return is requested and approved in advance
Customer is responsible for return shipping unless the item is defective.
4.3 Non-Returnable Items
Opened or used hygiene-sensitive items are not eligible for return, including:
- microphones
- in-ear or personal audio devices
4.4 Damaged or Defective Products
You must report damaged or defective items within 5 days of delivery. We will replace or refund at our discretion.
4.5 Shipping Issues
We are not responsible for carrier delays but will assist with lost shipments.
4.6 Service Cancellations
If you cancel Services after work begins, you are responsible for work completed to date.
5. REVISIONS AND APPROVALS
5.1 Revision Policy
Revision availability varies by the Service tier or package purchased. The number of included revision rounds (if any) is defined at the time of purchase.
5.2 Scope of Revisions
Revisions are limited to reasonable adjustments within the original scope and direction of the project.
5.3 Out-of-Scope Changes
Additional fees may apply for:
- new creative direction
- new or updated files from Client
- significant structural edits or reworks
- requests inconsistent with original instructions
5.4 Final Approval
Once a deliverable is approved, any further work is billable.
6. DELIVERY, FILE FORMATS, AND STORAGE
6.1 Delivery
Files are delivered via download link or agreed method.
6.2 Formats
Deliverables will match agreed specifications or standard professional formats.
6.3 Storage
Project files are retained for 30 days after delivery, after which they may be deleted.
You are responsible for backups.
7. PRODUCTS: SHIPPING AND FULFILLMENT
Products may be fulfilled by third-party suppliers.
- Shipping times are estimates only
- Items in the same order may ship separately
- Risk of loss transfers upon delivery to the carrier
- We are not responsible for shipping delays, customs, or supply chain issues
8. PRODUCT WARRANTIES DISCLAIMER
Products are provided “AS IS” unless otherwise stated.
We do not manufacture most Products and:
- manufacturer warranties (if any) are handled by the manufacturer
- we disclaim all implied warranties to the fullest extent permitted by law
9. CONFIDENTIALITY
We will not disclose your non-public materials except as required to perform Services or by law.
You agree not to disclose Company pricing, workflows, or proprietary methods.
We may use completed work for portfolio purposes unless you opt out in writing.
10. OWNERSHIP AND LICENSE
You retain ownership of your materials.
Upon full payment, you receive a perpetual license to use final deliverables.
We retain ownership of session files and internal processes unless otherwise agreed.
11. FILE SECURITY
We use reasonable safeguards but cannot guarantee absolute security.
12. THIRD-PARTY SERVICES
We are not responsible for failures of third-party platforms used for payment, storage, or delivery.
13. CLIENT WARRANTIES
You confirm you have rights to all materials provided and agree to indemnify us from related claims.
14. DISCLAIMER OF WARRANTIES
Services and Products are provided “AS IS” without guarantees of specific results.
15. LIMITATION OF LIABILITY
We are not liable for indirect or consequential damages.
Total liability is limited to the amount paid for the relevant Service or Product.
16. TERMINATION
We may terminate services for nonpayment, abusive behavior, or illegal requests. All outstanding balances become due.
17. GOVERNING LAW
These Terms are governed by New York law. Disputes must be brought in Westchester County, New York.
18. FORCE MAJEURE
We are not liable for delays outside our control.
19. COMMUNICATIONS
You agree to receive communications via provided contact methods.
20. CHANGES TO TERMS
We may update these Terms at any time.
21. ENTIRE AGREEMENT
These Terms represent the full agreement between parties.
22. CONTACT
Wavely, LLC
support@wavelyco.com
914-980-2913