Last Updated: September 8, 2023
The following are the terms & conditions that govern your use of the Cognito Music
By using the Services of Cognito Music, you (hereinafter, the “Client”) agree, without limitation or qualification, to be bound by and to comply with these Terms and Conditions.
Cognito Music, its employees and contractors, act as the mixing, and/or mastering, and/or audio engineers, of the Client’s recorded product only and/or mixing, and/or mixing, and/or mastering, and/or audio coaches, of the Client. Cognito Music does not assume any liability for talent payroll, talent royalties, publisher’s royalties, or for any infringement of any rights by the Client, nor does it assume any responsibility for other costs in the recording of the program. Cognito Music further assumes that any information, likeness or performance being reproduced has been fully cleared by the Client. Cognito Music shall mix and/or master and/or process the audio of the Client’s submitted material and/or provide mixing, and/or mixing, and/or mastering, and/or audio coaching at the Client’s direction, in the full assumption that the Client is entitled to do so. Cognito Music therefore assumes no liability by following any or all of the Client’s directions. The Client hereby agrees to hold Cognito Music free from any liability and will hold Cognito Music, its officers, directors, and employees harmless from any suit or damages, in tort, contract, or otherwise, for unauthorized use, copyright infringement or any other responsibility of any sort or manner.
Limitation of Liability:
Cognito Music shall not be liable under any circumstances for any incidental or consequential loss or damages, including but not limited to loss of profits, and the Client expressly waives any and all claims for any such loss or damages. Under no circumstances shall Cognito Music’s liability exceed, nor shall Client’s available remedies extend beyond return of the full fees or charges paid for any services provided by Cognito Music.
Content and Products:
All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Cognito Music, and is protected by CANADA and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Cognito Music or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way.
The Client will be provided with one approval final mix and/or master and/or audio output of his/her material before the final mix and/or master and or audio output is created. Approval or suggested changes to each approval mix and/or master must be received by Cognito Music within seven days following the delivery of each approval mix and/or master. A project is considered fully approved and will therefore be finalized and delivered to the Client once the Client explicitly informs Cognito Music via email, telephone or any other form of communication or when no approval or suggested changes are received to said approval mix and/or master within seven days after the delivery of each approval mix and/or master.
All revisions needed prior to the Client’s final approval of the approval mix and/or master will be done free of charge. Revisions that the Client requests after he/she has already approved the final mix and/or master will be charged at the normal rates. Should the Client decide to replace one or more of his/her songs with a new mix after the mastering has already been started, may be subjected to additional charges, which will be determined on a case-by-case basis.
Cognito Music will keep an Archive of Client’s mixed and/or mastered project(s) for a length of one (1) year from the day of Approval of each mixed and/or mastered track by the Client. After one year Cognito Music will not retain any copies of the Clients’ project. If the Client requires Cognito Music to keep an Archive of his/her mixed and/or mastered project, Cognito Music will do so for an additional one-time fee which will be based on the size of the Client’s project and length of time to be Archived. Cognito Music will only Archive material they have worked on. While Cognito Music may be able to retrieve the project at any given time, Cognito Music will not be held responsible for any partial or complete loss of the Client’s project.
Payment in full is required before Cognito Music begins any work on Client’s material or any coaching session. You are responsible for providing Cognito Music with a valid credit card and the timely payment of all fees.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
Cognito Music accepts the following currencies: Canadian Dollars, US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases shall be processed by cognitomusic.com.
Terms of Payment:
If the Client defaults in payment of any invoice on its due date, or in the event of any proceeding in bankruptcy or insolvency by or against the Client, Cognito Music, in addition to any additional rights it has or that it may exercise, shall have the right: (a) to suspend or discontinue work until it has received payment in full for work performed; (b) to require cash in advance to cover further work; (c) to collect late charges of 7% per month from the due date; and/or (d) to recover all costs of collection, including attorney’s fees. In the event credit or financial ability of the Client becomes impaired or unsatisfactory in the sole reasonable judgment of Cognito Music, Cognito Music shall have the right at any time thereafter to change the credit terms with respect to any further work for the Client.
Cognito Music does not provide any refunds subsequent to work commencing on mixing and/or mastering and/or audio processing and/or coaching projects. Projects which are scheduled, but have not been formally commenced, and for which payment has been received, will be refunded in full upon a Client’s request, minus a 25% preparation and scheduling fee. Once work has commenced on mixing and/or mastering projects, the revision policy set out in part 5 of this disclaimer applies; although refunds are not available once work has commenced, Cognito Music will continue to make changes to mixed and/or mastered track(s) upon request, until final approval is received.
This writing, including attachments hereto, is intended by Cognito Music and by the Client as the final expression of this agreement and is intended also as a complete and exclusive statement of the terms and conditions of this agreement. If any term or condition of this Agreement is held invalid, the remaining terms and conditions shall continue in full force and effect.
If you register for or buy any of our Products / Services you will be asked to provide basic personal information as well as credit card information. The information is used solely for notifying you of changes or updates to the Website/Services and or provide you with the Products / Services ordered. Cognito Music will not store your credit card or debit card details. Further Cognito Music will not sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.
Cognito Music uses the following tools and practices in order to communicate with our users and inform our marketing efforts.
Google Analytics to measure and analyze anonymized platform traffic:
Facebook in order to create a “pool” of anonymized audience members, based around specific interests or actions, in order to tailor communications and advertising about Cognito Music and related Label or Artist products only on Facebook-owned platforms.
Google Adwords in order to tailor website and YouTube advertising about Cognito Music Products / Services and related Label or Artist products only to relevant, anonymized audience pools.
If you wish to remove cookies from your browser, you are free to do so via your browser’s settings at any time.
Mailing List and Email Communication:
We host email lists for the use of email marketing communications for our Products / Services, Labels and Artists, via Mailchimp. These lists are built through direct, opted-in email sign-ups via registration on Cognito Music website or via product purchases or where permission is given by the purchaser.
We may use email information in line with advertising platforms in order to tailor advertising communications about Cognito Music Labels or Artists only to specific profiles, and only where an email address has been provided in order to receive information about that Label or Artist specifically. We will, on occasion, send emails dedicated to specific Artists to their respective Label mailing list.
We include Unsubscribe and Preference Review options on all our email marketing as standard, and you are free to update or remove your information from our databases at any time via these methods.
In order to provide our e-commerce services to you, we need to transfer relevant details to trusted third parties such as Square Up in order to fulfill digital and physical orders. If we stop using their services, data held at these platforms will either be deleted or anonymized.
This Agreement shall be deemed to have been made in Quebec, Canada and its validity, construction and effect shall be governed and interpreted by the laws of Quebec applicable to agreements wholly performed therein. Exclusive jurisdiction and venue for any disputes arising under these Terms and Conditions shall be submitted to the appropriate court in the City of Montreal, Quebec. The client hereby consents and submits to the jurisdiction of such courts for the purposes of litigating any such action. Nothing contained herein shall be construed as: (a) placing the Parties hereto in the relationship of joint ventures or partners; or (b) creating a fiduciary relationship between the Parties hereto.
Suite 212 – 106 Rue Saint-Pierre
Montreal, QC H2Y 2L7