Terms of Service

Before using any of Resonate Recordings services, as described below (hereafter referred to as “Services”) the user of such Services (referred to herein as “you,” “ your,” or “Client”) is required to read, understand and agree to these terms. You may only sign up for and receive Services after reading and accepting these terms. The legal agreements set out below govern your use of Resonate Recordings’ Services. By using Resonate Recordings’ Services you agree to these terms. Resonate Recordings reserves the right to amend these terms from time to time at Resonate Recordings’ absolute discretion, provided both that (i) Resonate Recordings gives you written notice of such changes, and (ii) any such changes will not be applicable to Services previously rendered or costs and fees related thereto. If you do not agree to these terms you are not authorized to use the Services.

The Services that Resonate Recordings will provide include, but are not limited to: podcast recording, podcast pre-production, podcast editing, audio, and video production services, podcast producing, posting, show notes, consulting, and any other podcast-related services (collectively, the “Services”).

Responsibilities of Resonate Recordings

AUDIO PRODUCTION:

• Receive raw audio or video recording file(s) via shared Resonate app 
• Provide audio-production enhancements, including equalization, dynamic balancing, and background noise reduction
• Raise or lower the overall audio level in requirement with audio broadcast standards
• Remove any dead space at the beginning and end of the recording
• Mix in the pre-recorded intro and/or outro audio recording
• Review entire recording and create a smooth flowing conversation so that edits are not noticeable (Applies to Premium, Enhanced, and Enterprise service levels only)
• Edit out unwanted parts such as false starts, throat clearing, coughs, sneezes, long pauses, heavy breathing, um’s, ah’s, and other accidental sounds or mistakes in the recording (Applies to Premium, Enhanced, and Enterprise service levels only)
• Deliver final audio within 72 business hours of receiving all necessary materials from Client (Applies to Standard and Premium services only)
• Mix audio to high quality MP3
• Upload final audio master to the Resonate app, or if Client is unable to upload and retrieve files from the Resonate app, with previous agreement with Client, the final audio master will be uploaded to a shared folder
• Resonate Recordings will perform all Services in a professional manner consistent with the highest industry standards.

The following only applies to Enhanced levels of service

• Mix in pre-recorded music or other sound effects to any specified part of the recording
• Allow for up to one hour of Custom* production services including adding in sound design, music, and other sound effects throughout the episode
• Deliver final audio product within 120 business hours of receiving all necessary assets from Client

VIDEO PRODUCTION:

The following only applies to Video services

• Deliver final audio product within 120 business hours of receiving all necessary assets from Client

Upon signing up for Services, Client will:

• Collaborate with the Resonate Recordings team to complete a New Client Profile and pay for services before production begins
• Set up an onboarding call with Resonate Recordings to ensure Client is familiar with Resonate’s production process and how to share content in the Resonate app
• Record podcast assets
• Upload all content to Resonate including intro/outro, music, dialogue tracks, manuscript or editing document and any other needed files using Resonate pp (unless Client is unable to utilize the Resonate app, then through the use of another agreed-upon file sharing platform). The requested file types from the Client are WAV or mp3. If the Client is unable to provide these file types, please communicate with Resonate prior to submission. 
• Clearly label each file or asset submitted in the web app so it is clear to the Resonate team what each file is (ie: Host, Guest, Intro, Outro, etc.)
• Describe the episode layout and production expectations from Resonate and communicate if there are any special instructions for each individual episode using the Resonate app (unless Client is unable to utilize the Resonate app, then through the use of another agreed-upon file sharing platform).
• Communicate if turnaround time needs to be sooner than the standard turnaround time, and if so, understand that an expedited delivery will depend on Resonate capacity and will incur an additional rush fee charge.
• Request any revisions in the Resonate app by leaving clear instructions about the revision required (including timestamps for changes needing made) and selecting “Request revision to the episode master” under the comment box. 
• Approve each episode in the Resonate app by selecting the “Approve” button under the episode master to finalize the episode. 
• Clearly communicate with the Resonate team if Resonate will be responsible for posting the episode master to the hosting platform after the episode is approved. Additional posting charges may apply.

Once the Client has signed up and paid for Services, the Client will receive an invitation via email to join the Resonate app. All episode materials must be submitted through Client’s account in the Resonate app. Resonate will start processing an episode only once ALL files have been submitted through the Resonate app in an accessible or usable format. If the content submitted is unclear, appears to be inaccurate, corrupted or in an unusable format, the production of the episode will be delayed. If only part of the content for an episode is uploaded, the Client must notify Resonate when the remaining files will be uploaded as production will not begin until all content is submitted for production. Normal turnaround time is 72 or 120 hours from the time all RAW audio files and assets needed to complete the episode are submitted through the Resonate app. Once an episode is edited, mixed and mastered, the master recording will be shared back to Client for review through the episode page in the Resonate Web App.

“72 hours” and “120 hours” – is defined as 3 or 5 business days NOT including Saturday, Sunday, or holidays observed by Resonate Recordings. Content submitted outside of normal business hours (9:00 am-5:00 pm EST) will be considered received at the open of business the following business day. When multiple episodes are submitted within a 48 hour period, Resonate Recordings will require an additional 24-48 hours above the standard 72 or 120-hour turnaround to process each additional episode. Turnaround time on Premium and Enhanced episodes with RAW audio over 60 minutes will require 2 additional business days for processing. The normal overage rates will still apply. 

Rush – While we cannot guarantee the ability to rush an episode’s processing sooner than the standard turnaround, the Client can make this request when submitting an episode with the preferred day and/or time the Client would like the episode back. If the Client submits a rush request on an episode, a rush fee will apply (per request). The rush fee for Standard production episodes is $75 per request and for Premium, Enhanced, and Enterprise rush requests are $150. All rush requests on episodes with RAW audio over 60 minutes will also require a $150 rush fee. Delivery of episodes with an overage fee that is provided sooner than the 2 additional business days will constitute a rush.

Revisions Turnaround Time-  Episodes that require revisions will be subject to an additional 48 - 72 business hours for revisions to be completed and returned to the Client for review and approval from the time the request is received. Revision requests submitted outside of normal business hours (9:00 am-5:00 pm EST) will be marked as received at the open of business the next business day. Resonate requires that all revision requests be submitted as a comment on the episode form in the Resonate app as well as clicking the “Request revision to the episode master” box, indicating that it is a revision request. If a revision request is not submitted properly it may delay the processing of the revision request. 

Posting - Resonate will post approved episode masters to Client hosting platform only when requested to do so by choosing the “Episode Posting” add-on at time of submission. Posting requests not denoted in the app at the original time of submission or must be clearly indicated as a subsequent comment on the episode comments. Accurate client hosting credentials must be provided to Resonate at least 48 business hours prior to the posting of the first episode. All approved episodes to be posted by Resonate must be approved in the app (by commenting on the episode) by close of business the day before it is scheduled to post. If the Client does not indicate the episode is approved, Resonate will not post the episode until confirmation of approval is received. Posting approval received outside of normal business hours (8:00 am-5:00 pm EST) will be marked as received at open of business the following business day (not including weekends or recognized holidays) and will be posted at first availability.

Creative Content - When Client purchases creative content such as intro/outro music, podcast cover art, voiceover, marketing and social content, Resonate will require that Client provides adequate clarity and direction on these services to deliver assets in a timely manner for review. When necessary Resonate will require specific details and forms to be submitted for review prior to beginning the process of creating and developing such content. Any delay in submitting the needed direction and details to Resonate will result in a prolonged process and delivery of the assets to Client.

The client agrees to pay for the Services requested prior to services being rendered. By using our services you authorize Resonate Recordings to charge your payment source for any Services purchased and for any additional amounts (including any taxes, overages, additional fees, and late fees, as applicable) that may be accrued by or in connection with your account. Resonate Recordings will always communicate these additional charges to you prior to processing. The client also is responsible for the timely payment of all fees and for providing Resonate Recordings with a valid payment method for the payment of all fees.

Resonate Recordings has the right to amend its pricing at its sole and exclusive discretion, provided that such changes will not be applicable to or affect any orders for Services submitted to Resonate Recordings by Client prior to the effective date of any such changes.

If invoicing is arranged, the Client agrees to pay the amount due in full within 30 days of invoice received to date, understanding that Services may not begin until payment is received. Payment may be made on the Resonate Recordings website or in the form of a paper check mailed to and made out to Resonate Recordings. Additional payment forms can be made available upon request.

• RAW AUDIO OVER 60 MINS: RAW audio content that will be edited by Resonate (not including reusable assets such as intro or outro audio) greater than 60 minutes is subject to a $30 charge for each additional 15 minutes of RAW audio (Applies to Premium, Enhanced, and Enterprise services only). RAW Podcast Recording length and corresponding additional fees are as follows: up to 60 minutes = no additional fee; 61 to 75 minutes = $30 additional fee; 76 to 90 minutes = $60 additional fee; 91 to 105 minutes = $90 additional fee; 106 to 120 minutes = $120; 121 to 135 = $150; 136 to 150 = $180; 151 to 165 = $210; 166 to 180 = $240; 181 and greater is subject to approval by Resonate Recordings. Resonate Recordings does not offer price protection or refunds in the event of a price reduction or promotional offering. When submitting RAW audio longer than the standard 60 minutes Client authorizes Resonate Recordings to process the payment of the additional fee.
• RUSH FEE: Rush Requests may be requested by client but are not guaranteed. A rush request for our Standard production, is $75/episode. Rush requests for Premium, Enhanced and Enterprise production is $150/episode. All rush requests on episodes with RAW audio over 60 minutes will also require a $150 rush fee. Delivery of episodes with an overage fee that is provided sooner than the 2 additional business days will constitute a rush.
• REVISIONS – AUDIO PRODUCTION: There will be no fee for the first 10 minutes spent on the first revision request for an episode. Any time spent on a revision request over 10 minutes or for any additional revision request submitted by client will be charged based on the number of minutes our team spends on the request. The rate will be $2.08/per minute ($125/per hour). Our average revision time is around 18 minutes per episode therefore the cost of the average revision request is around $16.16 (18 minutes x $2.02 = 36.36, minus $20.20 (10 minutes) equals $16.16). A revision requiring 20 minutes would be charged as $20.80 (10 minutes x $2.08/minute). Exceptions to this fee will be edit or mixing issues that were clearly requested by Client at submission that Resonate overlooked or did not deliver. 
• REVISIONS – BASIC ARTWORK: For Podcast Cover Artwork creation, Client will be given 48 hours to provide feedback and request revisions, once the first round of Art is delivered. After the first round of revisions are complete and delivered to Client, Client will be given an additional 48 hours to provide feedback and request final revisions to Art. Once final revisions are complete and delivered to Client, Resonate Recordings reserves the right to charge an additional $100 for any other revisions requested by Client.
• REVISIONS – BASIC MUSIC : For Podcast Music Selection (hereafter known as “Music”), Client will be given 48 hours to provide feedback and request changes, once the first round of Music is delivered (3-5 options). Once second round of Music is delivered (1-3 options), Client will be given an additional 48 hours to provide feedback and give final direction for music. Once the final round of Music is delivered (1-2 options), Resonate Recordings reserves the right to charge an additional $100 for each additional Music option provided.

Client may terminate its use of Resonate Recordings’ Services for any reason or for no reason.

Resonate Recordings may terminate or suspend any and all Services, with an emailed notice, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon the effective date of termination, your right to use our Services will immediately cease.

Refunds may only be requested for unused services purchased and must be requested within 30 days of original purchase date. Refunds will be calculated based off the remaining episode balance or unused services when refund is requested. Any discounts that were applied to the original service package transaction will be subtracted from remaining refund balance. Resonate Recordings reserves the right to apply an additional processing fee of up to 10% of original purchase amount for any requested refunds of unused services. All refunds will be processed within 5 business days after termination or refund request is sent.

You hereby agree to indemnify and hold harmless Resonate Recordings, its employees, representatives, and contractors from and against all third party claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms by Client, whether or not deemed to be material or immaterial; (ii)   any material or immaterial violation of any rights, title or interests of any third party; or (iii) the infringement of any third party’s intellectual property rights from materials submitted by Client to Resonate Recordings Services or any of Client’s acts or omissions.

Resonate Recordings