TERMS AND CONDITIONS (STUDIO)

Welcome to KL Podcast Studio (the "Studio"). These terms and conditions (the "Terms") govern your use of the Studio's services, including but not limited to studio rental, equipment rental, editing services, and Podcast On-The-Go! packages. By accessing or using any of the Studio's services, you agree to be bound by these Terms.

1. DEFINITIONS

• "Studio" refers to KL Podcast Studio.
• "Client" refers to any individual or entity using the Studio's services.
• "Services" refer to studio rental, equipment rental, editing services, long-term packages, and Podcast On-The-Go! packages.
• "Booking" refers to the reservation of the Studio's services.

2. AGREEMENT TO TERMS

Implicit Agreement: By making a Booking, the Client agrees to these Terms, even if they do not provide a signature.

3. BOOKING AND PAYMENT

3.1. Booking:

• All studio and equipment rental Bookings must be made in advance through the Studio's website for in-studio recordings.
• For long-term packages or "Podcast On-The-Go!" packages, Clients need to contact the Studio via WhatsApp at +60173399720 or email at [email protected] to receive an invoice, and the Studio will manually book their session.
• Pricing: Updated pricing applies on weekends, while weekday prices remain the same.
• Booking Times: Bookings are made based on the time booked, not the recording hour. For example, if a Client books 1 hour at 11am, it is from 11am-12pm. If Clients are late, the recording must still finish at the booked time. Clients need to finish at the exact hour end. If there's no Booking after their session, they can request extra hours at the same rate. If recording exceeds the booked hour, an additional 1-hour studio fee will be charged.

3.2. Payment:

• Full Payment Required: Payment for studio and equipment rentals must be made in full at the time of Booking via Stripe or Bank Transfer.
• Editing Services Payment: Payment for editing services will be discussed and agreed upon on a case-by-case basis.
• Long-Term Packages: Long-term packages of 10 hours, 20 hours, and 40 hours are available with discounts of 20%, 25%, and 30%, respectively. Validity of usage is 2 months for 10 and 20-hour packages and 3 months for 40-hour packages.
• Weekend Surcharge: Clients with weekday packages who wish to record on weekends must pay an additional RM100 per hour during weekends.

4. CANCELLATIONS AND REFUNDS

4.1. Cancellations:

• Full Refund: Cancellations made 7 days in advance of the Booking start time will receive a full refund.
• Partial Refund: Cancellations made 3 days in advance will receive a 50% refund.
• No Refund: Cancellations made less than 3 days in advance will not receive a refund.
• Postponements: Clients can postpone their recording instead of canceling if the postponement is made at least 48 hours before the scheduled time.

4.2. Refunds:

• Refund Method: Refunds will be made in the original payment method within 10 business days of the cancellation.

5. STUDIO USE

5.1. Equipment:

• Proper Use Required: All equipment must be used in accordance with the Studio's instructions and guidelines. Any damage caused to equipment due to misuse will result in additional charges.
• Professional Assistance: The Studio provides professional operators and crew for recordings. Specific camera angles or minor decor changes (e.g., product placement) must be communicated one day in advance for proper preparation.

5.2. Conduct:

• Professional Behavior: All users of the Studio must behave in a professional and respectful manner towards staff and other users. Any inappropriate or disrespectful behavior will result in immediate expulsion from the Studio.

5.3. Smoking and Vaping:

• No Smoking: Smoking is strictly prohibited in the Studio.
• Vaping: Vaping is permissible in designated areas. Please dispose of vaping materials appropriately and avoid causing any damage to the Studio's property.

5.4. Prohibited Items:

• No Alcohol, Drugs, or Weapons: No alcohol, drugs, weapons, or any dangerous items are allowed in the Studio. Any users found with prohibited items will be asked to leave immediately.
• No Outside Food: No outside food (heavy meals) is allowed inside the Studio. Clients wishing to do food review content must inform the Studio in advance.
• Beverages: Coffee and beverages are allowed, but leaving stains will incur a RM100 cleaning fee, applicable to any food items as well.
• No Alcohol or Non-Halal Food: Alcohol and non-halal food are strictly prohibited.

5.5. Outside Cameras:

• Studio Equipment Only: No outside cameras are allowed for podcast recording. All recordings must use the Studio's provided equipment.

5.6. Client Responsibilities:

• Timeliness: Clients must arrive on time and adhere to their booked schedule. Late arrivals may result in reduced recording time without a refund.
• Clean-Up: Clients are responsible for setting up and cleaning up their personal items or props.

6. RECORDING FILES

6.1. Delivery:

• Google Drive: Recording files will be sent to Clients via Google Drive. Files will be kept for 7 days. If Clients need more time, they must inform the Studio; otherwise, the files will be deleted after 7 days. Files are sent within 24-48 hours after the recording session, and the download link is sent to the Client's WhatsApp or email.

7. LIABILITY AND INDEMNIFICATION

7.1. Liability:

• Not Responsible for Damages: The Studio is not responsible for any loss, damage, or injury to persons or property resulting from the use of the Studio's Services.

7.2. Indemnification:

• Hold Harmless: Clients agree to indemnify and hold harmless the Studio and its owners, employees, and affiliates from any and all claims, damages, and expenses (including legal fees) arising from their use of the Studio's Services.
• Content Responsibility: The Studio is not responsible for the content of any recordings made in the Studio. Clients are fully responsible for their content, including any legal issues, controversies, or government actions related to the content.

8. INTELLECTUAL PROPERTY

8.1. Ownership:

• Studio IP: All intellectual property rights in the Studio's Services, including but not limited to studio designs, equipment, pricing of podcast packages, and Podcast On-The-Go! services, are owned by the Studio.

8.2. Client Recordings:

• Client IP: All recordings paid for by Clients are the intellectual property of the Client. However, the Studio retains the right to use clips for promotional purposes.
• Sponsorship Content: For any sponsorship or endorsement content produced by the Studio, the Studio retains intellectual property rights unless otherwise stated.

8.3. Use:

• Permission Required: Clients may not use any of the Studio's intellectual property without the Studio's prior written consent.

9. MODIFICATIONS

9.1. Modifications:

• Right to Modify: The Studio reserves the right to modify these Terms at any time, with such modifications becoming effective immediately upon posting on the Studio's website.

9.2. Notification:

• Client Notification: The Studio will notify Clients of any modifications to these Terms by posting the updated Terms on the Studio's website.

10. GOVERNING LAW AND JURISDICTION

10.1. Governing Law:

• Malaysia Law: These Terms are governed by and construed in accordance with the laws of Malaysia.

10.2. Jurisdiction:

• Exclusive Jurisdiction: Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

11. DISPUTE RESOLUTION

11.1. Mediation/Arbitration:

• Resolution First: Any disputes arising from or related to these Terms shall be resolved through mediation or arbitration before resorting to legal action.

12. CONTACT INFORMATION

12.1. Support:

• Contact Us: For support, questions, or concerns, please contact the Studio via WhatsApp at +60173399720 or email at [email protected].

13. LONG-TERM PACKAGES

13.1. Details:

• Discounted Packages: Long-term packages of 10 hours, 20 hours, and 40 hours are available with discounts of 20%, 25%, and 30%, respectively.

13.2. Validity:

• Usage Period: Validity of usage is 2 months for 10 and 20-hour packages and 3 months for 40-hour packages.
• Start Date: The validity of the package begins upon the first date of the recording. Clients must use the hours within the validity period. Unused hours will expire after the validity date.
• Holiday Extensions: If a national holiday occurs and the Studio is closed, the validity period will be extended by the number of closed days.
• Carry Forward Hours: If the validity period expires and Clients have unused hours, these hours are forfeited. If a new long-term package is purchased within 30 days from the expiration date, the unused hours can be carried forward to the new term up to the maximum number of hours of the new long-term package. For example, if a Client has 15 unused hours on a 40-hour package and purchases a new 10-hour package, only 10 hours from the unused hours can be carried forward.

13.3. Additional Charges:

• Weekend Surcharge: Clients with weekday packages who wish to record on weekends must pay an additional RM100 per hour during weekends.
• Add-ons Discount: Clients with long-term packages are eligible for a 20% discount on the Studio Add-ons package if payment is made at the time of purchasing the long-term package. If Add-ons are added during the recording, the standard rate applies without a discount.

13.4. Booking and Payment:

• Advance Booking: All rental hours must be booked in advance by informing the Studio via WhatsApp or email and are subject to availability. Once purchased, rental hours cannot be transferred, refunded, or resold. Cancellation or rescheduling applies the same as above. The Studio reserves the right to refuse service to Clients who violate any of the Terms and Conditions.
• Full Payment: Long-term packages must be paid in full before they are considered confirmed bookings.

14. VIDEO EDITING SERVICES

14.1. Editing Service Prices:

• Applicable Rates: Editing service prices apply only to videos or podcasts recorded with the Studio. Pricing for external videos will be different, and a quotation will be provided.

14.2. Communication:

• WhatsApp Group: A WhatsApp group will be created for better communication between Clients and the Studio's team of editors.

14.3. Client Responsibilities:

• Timestamps Required: Clients must provide a video timestamp for any cuts, TikTok/Reels cuts, or video highlights.
• Draft Approval: Clients must check, revise, and approve the sent draft within 24 hours. If no confirmation is received, the draft is considered approved and finalized. The final video will be sent afterward.
• Subtitles/Captioning: For subtitles or video captioning, Clients must check and approve the text within 24 hours. If no response is received, the text is considered correct. Any changes afterward will incur a charge. The Studio does not take responsibility for any misspellings or incorrect meanings in the subtitles or captions.
• B-Rolls: Clients are responsible for providing any b-rolls for video edits. The Studio does not take any responsibility if any b-roll images or videos are used without permission or if they infringe on intellectual property or copyrights of others.

14.4. Payments:

• 50% Upfront: Video editing services must be paid at least 50% before the editing service starts. If no payment is received, the editing will not commence. The remaining 50% must be paid after all draft files are confirmed, and the final export file will be sent after the balance is received.

14.5. Lead Times:

• Time Estimates: Lead times are suggestions and may vary based on the current workload. Video editing is handled on a first-come, first-served basis.
• Amendments: If further amendments are requested after the final export video has been sent, it will be considered a new edit, and a new editing rate will be charged.

15. PODCAST ON-THE-GO! SERVICES

15.1. Details:

• Pricing: The Podcast On-The-Go! service is priced exclusively for room recording podcasts and is not suitable for open spaces, halls, or conference-style recordings with an audience. For open hall or conference recordings, please contact the Studio for a customized quotation.
• Exclusions: The package does not include lighting and editing. Separate pricing for editing. If the Client wants to add lighting, an additional price will be charged.
• Full Payment Required: Podcast On-The-Go! services must be paid in full before the event. A 50% deposit is required upon agreement on the chosen date, and the balance must be paid 24 hours before the event. If canceled, the deposit is non-refundable. For postponements, Clients must inform the Studio 3 days before the recording date, and the full payment must still be made.
• Klang Valley Only: The Podcast On-The-Go! package price covers only the Klang Valley area. For locations outside Klang Valley, transportation charges will be RM3 per kilometer from the Studio location to the Client location. If accommodation is needed, the cost must be paid by the Client.
• Cancellation/Rescheduling by Studio: The Studio reserves the right to cancel or reschedule a Booking due to unforeseen circumstances. In such cases, a full refund or an alternative recording date will be offered.

15.2. Client Responsibilities:

• Client Liability: The Client assumes full responsibility for any loss, damage, or injury to their own equipment or personnel during the off-site service.
• Indemnification: The Client agrees to indemnify and hold the Studio harmless from any claims, liabilities, damages, or expenses arising from their use of the off-site service.

15.3. Recording Space and Equipment:

• Suitable Space: The Client is responsible for providing a suitable recording space with a quiet environment, a plug point for electricity, and reliable internet access.
• Security: The Client is responsible for the safety and security of their own equipment and belongings.
• Technical Issues: The Studio is not responsible for any technical issues or interruptions caused by the Client's equipment or network.

15.4. Cancellations and Rescheduling:

• Less than 48 Hours: In the event of cancellation or rescheduling made less than 48 hours before the scheduled recording date, full payment is still required.
• Cancellation/Rescheduling by Studio: The Studio reserves the right to cancel or reschedule a Booking due to unforeseen circumstances. In such cases, a full refund or an alternative recording date will be offered.

15.5. Intellectual Property:

• Client IP: The Client retains the ownership of the recorded content and intellectual property rights.
• Promotional Use: The Studio may use the Client's content for promotional purposes, with due credit given to the Client.