Mercenary Magnetics
Terms & Conditions
1. Acceptance of Terms
By engaging Mercenary Magnetics LLC (“we”, “us”, “our”) for services, purchasing or using our software, visiting our website at mercenarymagnetics.com, or opting in to our SMS messaging programme, you agree to these Terms & Conditions. If you do not agree, please do not use our services or software.
2. Services
Mercenary Magnetics LLC provides professional audio engineering services including, but not limited to, recording, mixing, immersive audio mixing, and related production services. Specific scope, deliverables, and rates for each engagement are agreed in writing on a per-project basis.
3. Quotes, Deposits, and Payment
- Quotes are valid for 30 days from the date issued unless otherwise stated.
- A 50% deposit is required to confirm calendar dates for mixing engagements. Pencilled-in dates without deposit may be released to other clients.
- Final deliverables (mixes, stems, masters) are released upon receipt of the balance due.
- Deposits are non-refundable. If a project is paused or withdrawn, the deposit may be credited toward future work at our discretion.
- Label engagements may be invoiced against a Purchase Order on net terms agreed in writing.
4. Revisions
Mixing engagements include unlimited revisions within reason during the active project window. Once a project has been signed off and final files delivered, additional revisions may be billed at an hourly rate.
5. Credit and Use of Work
Standard credit language is “Mixed by Chris Bell” or as otherwise agreed in writing. The client retains all rights to the underlying recordings and compositions; we retain the right to reference completed work in our portfolio and marketing unless confidentiality is agreed in writing.
6. Software — Licence Grant
Sections 6 to 10 apply to software products distributed by us for download (“the Software”). Subject to payment and to these Terms, we grant you a non-exclusive, non-transferable, revocable licence to install and use the Software.
- A single licence permits installation on machines you own or control, for your own use, provided the Software is not run by more than one person at the same time.
- Licences are issued to an individual or to a single legal entity. Where a licence is issued to an entity, it may be used by that entity's personnel on that basis.
- The Software is licensed, not sold. We retain all right, title and interest in the Software, including all intellectual property rights in it.
- A licence covers the version purchased together with any maintenance updates we release for that version. Future major versions may be offered as separate paid products.
7. Software — Restrictions
You may not:
- resell, rent, lease, sublicense, or redistribute the Software or your licence key;
- share, publish, or circumvent licence keys or activation;
- reverse engineer, decompile, or disassemble the Software, except to the extent that such restriction is prohibited by applicable law;
- remove or alter any proprietary notice contained in the Software.
We may deactivate a licence key that has been shared, resold, or used in breach of these Terms.
8. Software — Purchase, Reseller of Record, and Refunds
Our software is sold through FastSpring, which acts as the authorised reseller and merchant of record for these orders. FastSpring appears on your statement and is responsible for payment processing, invoicing, and the collection and remittance of applicable sales tax, VAT and GST.
Software purchases are covered by a money-back guarantee. Full details, including how to request a refund, are set out in our Refund Policy. The deposit terms in section 3 apply to service engagements only and do not apply to software purchases.
9. Software — No Warranty
The Software is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Software will be uninterrupted or error-free, nor that any analysis, measurement, report, or output it produces will be accepted by any third party, distributor, platform, or record label. Any output of the Software is provided as an aid to your own professional judgement and is not a substitute for it. You remain solely responsible for verifying the material you deliver and for maintaining your own backups of any file the Software reads or writes.
10. Software — Third-Party Formats and Trade Marks
The Software works with audio file formats and delivery specifications defined and maintained by third parties. All third-party trade marks, product names, and specifications referred to on this website or within the Software are the property of their respective owners and are used for identification purposes only.
Mercenary Magnetics LLC is an independent developer and is not affiliated with, sponsored by, endorsed by, or certified by any format owner, standards body, platform, distributor, or record label. Where the Software refers to a published delivery specification, it does so descriptively; no approval or certification by the publisher of that specification is claimed or implied. Third-party specifications may change without notice, and we do not warrant continued conformity with any specification we do not control.
11. SMS Messaging Programme
By providing your mobile number to Mercenary Magnetics LLC — whether via our website, email, an inbound text, or in the course of a project engagement — you consent to receive transactional SMS messages from us regarding session scheduling, project status updates, file delivery confirmations, invoice notifications, and direct replies to your inquiries.
- Message frequency: Variable; messages are sent only as needed for active projects and inquiries.
- Message and data rates may apply per your mobile carrier's standard rates.
- Opt out: Reply STOP at any time to unsubscribe from all SMS messages.
- Help: Reply HELP to receive contact information for support.
- Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.
- Carriers (including but not limited to AT&T, Verizon, and T-Mobile) are not liable for delayed or undelivered messages.
12. Confidentiality
We treat unreleased recordings, project details, and client information as confidential and do not disclose them to third parties without authorisation, except as required to deliver the engaged services or by law.
13. Limitation of Liability
To the fullest extent permitted by law, Mercenary Magnetics LLC's liability for any claim arising from our services shall not exceed the fees paid by the client for the specific engagement giving rise to the claim. For any claim arising from the Software, our liability shall not exceed the amount you paid for the licence in question. We are not liable for indirect, incidental, or consequential damages, including lost profits, lost recordings, or lost data.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud, or any statutory right you hold as a consumer.
14. Governing Law
These Terms are governed by the laws of the State of Texas, USA. Any dispute shall be resolved in the courts of Hays County, Texas. If you are a consumer resident in another jurisdiction, this does not deprive you of the protection of the mandatory consumer law of your place of residence.
15. Changes to These Terms
We may update these Terms from time to time. The “Last updated” date above reflects the most recent revision. Continued use of our services after a revision constitutes acceptance of the updated Terms. For software purchases, the version of these Terms in force at the time of your purchase is the one that applies to your order.
16. Contact
Questions about these Terms, the Software, or the SMS programme can be directed to:
- Email and software support: info@mercenarymagnetics.com
- Mail: Mercenary Magnetics LLC, 120 Henson Rd, Wimberley, TX 78676, USA