Terms and Conditions
These terms and conditions (“Agreement”) outline the rules and regulations for using our website (“Website”) and the associated services (“Services”) provided by Waving Sound B.V. (“Waving Sound B.V.”, “we”, “us”, or “our”). By accessing and using the Website and Services, you agree to comply with this Agreement. If you do not agree with these terms and conditions, please refrain from using our Website and Services.
Accounts and Membership
When you create an account on our Website, it is your responsibility to maintain the security of your account and to ensure that all activities conducted through your account comply with this Agreement. We may, at our discretion, review and monitor new accounts before granting access to the Services. Providing false contact information may result in the termination of your account. If you become aware of any unauthorized use of your account or any other security breaches, you must inform us immediately. We are not liable for any damages resulting from your actions or omissions. We reserve the right to suspend, disable, or delete your account, in part or in whole, if you violate any provision of this Agreement or engage in conduct that may harm our reputation. If your account is deleted for these reasons, you may not re-register for our Services. Furthermore, we may block your email address and IP address to prevent future registrations.
Billing and Payments
You are responsible for paying all fees and charges associated with your account according to the current pricing and billing terms. In certain cases, if we determine that your purchase represents a high-risk transaction, we may request additional verification such as a government-issued photo ID or a recent bank statement. We reserve the right to modify product offerings and pricing at any time. We also retain the right to refuse any order placed with us. This includes limitations on quantities purchased per person, household, or order. Such limitations may extend to orders placed using the same customer account, credit card, billing, or shipping address. If we make changes to or cancel an order, we will attempt to notify you using the provided email address or billing contact information.
Accuracy of Information
While we strive to provide accurate and up-to-date information on our Website, there may be occasional typographical errors, inaccuracies, or omissions related to promotions and offers. We reserve the right to correct such errors and to modify or cancel orders if necessary, without prior notice. This includes updates, amendments, or clarifications to information, except where required by law. The absence of a specified update or refresh date on the Website should not be taken as an indication that all information on the Website or Services has been modified or updated.
Advertisements
During your use of the Website and Services, you may come across advertisements or promotions by third-party advertisers or sponsors. Any interactions, including purchases, correspondence, or claims, between you and these third parties are solely your responsibility. We assume no liability or obligation for any activities or transactions between you and these third parties.
Links to Other Resources
While our Website and Services may contain links to external resources, such as websites or mobile applications, we do not imply any approval, association, sponsorship, endorsement, or affiliation with these resources unless specifically stated. Some of the links on our Website may be “affiliate links,” meaning that if you click on the link and make a purchase, Waving Sound B.V. may receive a commission. We are not responsible for examining or evaluating the offerings, content, or individuals associated with these resources. Any access to external resources through links on our Website is at your own risk.
Prohibited Uses
In addition to the terms outlined in this Agreement, you are prohibited from using the Website and Services, including any content, for the following purposes:
(a) Engaging in unlawful activities.
(b) Soliciting others to participate in unlawful acts.
(c) Violating any international, federal, provincial, or local laws or regulations.
(d) Infringing upon our intellectual property rights or the rights of others.
(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
(f) Providing false or misleading information.
(g) Uploading or transmitting viruses or any other type of malicious code that could harm the functionality of the Website, Services, or the Internet.
(h) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
(i) Using the Website and Services for any obscene or immoral purposes.
(j) Interfering with or circumventing the security features of the Website, Services, or the Internet.
Violation of these prohibited uses may result in the termination of your access to the Website and Services.
Intellectual Property Rights
All intellectual property rights, including copyrights, trademarks, patents, and other proprietary rights, associated with the Website and Services belong to Waving Sound B.V. or their respective owners. This Agreement does not transfer any intellectual property rights to you. You are not permitted to reproduce or use any trademarks or copyrighted material owned by Waving Sound B.V. or third parties without explicit permission.
Disclaimer of Warranty
You acknowledge that the Service is provided on an “as is” and “as available” basis, and your use of the Website and Services is at your own risk. We do not provide any warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free. You agree that any material or data downloaded or obtained through the Service is done at your own discretion and risk, and you are solely responsible for any resulting damage or data loss. We do not warranty any goods or services purchased or obtained through the Service unless otherwise stated. Any advice or information, whether oral or written, obtained from us or through the Service does not create any warranty not expressly stated in this Agreement.
Limitation of Liability
To the fullest extent permitted by applicable law, Waving Sound B.V., its affiliates, directors, officers, employees, agents, suppliers, or licensors shall not be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages arising from the use of the Services, even if the liable party has been advised of the possibility of such damages. In the event that Waving Sound B.V. or any of its affiliates, officers, employees, agents, suppliers, or licensors are found liable, the maximum liability shall be limited to the greater of one dollar or the amount paid by you to Waving Sound B.V. for the Services in the one-month period preceding the event giving rise to the liability. This limitation of liability applies regardless of the theory of liability, whether contract, tort, warranty, breach of statutory duty, negligence, or otherwise, and even if the remedy fails its essential purpose.
Indemnification
You agree to indemnify and hold Waving Sound B.V., its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from any liabilities, losses, damages, or costs (including reasonable attorney’s fees) incurred as a result of third-party claims, disputes, or demands arising from your use of the Website and Services or your Content. This indemnification includes any willful misconduct on your part.
Severability
If any provision or portion of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall continue to be in full force and effect. The parties’ intention is that the illegal, invalid, or unenforceable provision shall be replaced with a valid and enforceable provision that reflects the original intent of the Agreement.
Dispute Resolution
This Agreement, including its formation, interpretation, and performance, and any disputes arising from it, shall be governed by the substantive and procedural laws of the Netherlands, without regard to conflicts or choice of law principles. Any actions related to this Agreement shall be exclusively brought before the courts located in the Netherlands, and you consent to the personal jurisdiction of such courts. You waive any right to a jury trial in any proceeding arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, sublicense, transfer, or delegate any of your rights or obligations under this Agreement without our prior written consent. We are free to assign any of our rights or obligations under this Agreement to third parties in connection with the sale of our assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time. When we make changes, we will update the “last updated” date at the bottom of this page. We may also notify you through other means, such as the contact information you have provided. The updated version of the Agreement will become effective immediately upon posting unless specified otherwise. Your continued use of the Website and Services after the effective date constitutes your acceptance of the revised Agreement.
YouTube Campaign Terms
- Approval of Campaign:
The campaign submitted by the client will be subject to review and approval by Waving Sound within a period of 7 business days from the date of submission. Waving Sound reserves the right to approve or reject campaigns at its discretion, based on adherence to our guidelines and suitability for promotion.
- Crediting Waving Sound:
Clients are required to provide credit to Waving Sound as the digital marketing agency in the video description of the YouTube video being promoted. The credit should be written as follows:
Digital Marketing: Waving Sound
- Video Privacy Settings:
Clients must ensure that the promoted video is not set to “Private” or scheduled for future release. If the promotion is being conducted on an unreleased video, it should be set as an “Unlisted” video until the scheduled release date, at which point it must be made public.
- Campaign Setup:
The setup of the promotional campaign will only commence after the client’s campaign has been approved by Waving Sound and full payment for the services has been received. Partial or incomplete payments may result in delays or cancellation of the campaign setup.
- Subscriber, Comment, and Like Acquisition Disclaimer
Waving Sound does not provide any guarantee or assurance regarding the acquisition of subscribers, comments, or likes on any platform.
The Company cannot be held responsible for the number of subscribers, comments, or likes obtained by users through its services.
Users acknowledge and understand that the acquisition of subscribers, comments, or likes is subject to various factors, including but not limited to the quality of content, target audience, and engagement strategies employed by users.
The Company provides services that aim to enhance visibility and exposure but cannot guarantee specific outcomes or results in terms of subscriber count, comment frequency, or number of likes.
Any claims, guarantees, or representations made by third parties regarding the acquisition of subscribers, comments, or likes through the use of the Company’s services are not endorsed or supported by the Company.
Products Terms and Conditions
- Promotion (Youtube, TikTok, Spotify):
Refunds cannot be provided once the campaign has been approved. However, you may be eligible for a refund if the campaign has not yet been reviewed. Please note that commitment fees for Spotify packages are non-refundable once chosen. - Graphic Design:
Refunds cannot be issued once work has begun. However, you are entitled to up to 3 revisions on the main Artwork and up to 2 unique Artwork concepts. - Music Services (Mixing & Mastering):
Refunds cannot be granted after work has commenced. Nevertheless, you have the right to request up to 3 revisions on Mixing and 3 revisions on Mastering. - Official Artist Website:
Refunds cannot be given after work has begun. However, you are entitled to up to 2 revisions on every page of the website. - Consultancy:
For appointments, if you are unable to attend and provide at least 3 business days’ prior notice (72 hours), a full refund will be issued. If you decide to cancel the meeting without prior notification within the same time frame, 40% of the total cost will be charged. Should you wish to reschedule the meeting, you must notify us at least 3 business days in advance. Failure to show up for a scheduled call will result in the full amount being charged. If a new meeting notice is received less than 3 days before the meeting, an additional charge of 20% will apply.
INFORMATION
Waving Sound is located in Israel, Kefar Sava.
Email: Support@wavingsound.com
Phone number: +972 55-5660174
Acceptance of these Terms
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agreed to abide by this Agreement. If you do not agree to these terms and conditions, you are not authorized to access or use the Website and Services.
