Terms and Conditions
Terms & Conditions
Newcastle Podcast Station
1.0 – Booking Confirmation
1.1 A booking is considered confirmed when Newcastle Podcast Station Production Studio “Booking Confirmation” is sent by Newcastle Podcast Station Production Studio.
1.2 Any invoices issued by Newcastle Podcast Station for work done must be paid within 7 days of receipt unless other arrangements have been agreed to by Newcastle Podcast Station and the other party.
1.3 Newcaslte Podcast Station may require a deposit for studio recording bookings that exceed 1 hour.
1.4 Newcastle Podcast Station will retain all files and refuse to provide audio until the balance has been settled or make a podcast private until the balance has been paid.
2.0 – Cancellation or Postponement of Confirmed Studio Booking
2.1 Cancellations or postponement providing more than 14 days attracts a 25% dry hire fee for any program.
2.2 A 50% dry hire cancellation or postponement fee applies from 14 days up to 48 hours prior to cancellation/postponement of your scheduled session.
2.3 A 100% dry hire fee applies if a session is cancelled/postponed within 48 hours of the booking.
3.0 – Cleaning & Damages
3.1 Newcastle Production Studio retains the right to charge the Client a cleaning and damage fees in the event that there is any damage to the studio, equipment, infrastructure, or facility, which includes but is not limited to spills, water damage, mistreatment of equipment and accidental damage.
3.2 This charge also pertains to smoking of any kind, as this is prohibited throughout the entirety of the facility.
4 – Payment Terms
4.1 Unless prior credit arrangements have been approved in writing by Newcastle Podcast Station, payment is required in full to secure your recording date.
4.2 All materials, USB, SDXC, discs, and computer files/drives created at Newcastle Production Station remain the property of Newcastle Podcast Station until payment is received in full.
4.3 The Client will be liable for any fees, costs and expenses incurred by Newcastle Podcast Station for any debt collection process.
4.4 Where credit terms have been agreed, payment is strictly 7 days from the date of invoice.
4.5 If Newcastle Podcast Station’s invoice is not paid within 7 days of receipt of invoice, Newcaslte Podcast Station may charge the Client interest on any unpaid amount at the prevailing Reserve Bank of Australia cash rate plus 3% and recover any costs incurred in recovering unpaid amounts (including legal costs) on an indemnity basis.
5.0 – Refund Policy
5.1 Unless there is a technical fault with the recordings or an error ocured that was within our reasonable control Newcaslte Podcast Station does not offer refunds.
5.2 Outsourced services are subject to availability as at the time of booking. Service interruptions or out of stock supply may result in a substitute product. Refunds will not issued.
5.3 Any pre-paid services that have not been redeemed within 365 days are forfeited.
6.0 – Express Mastering & Render Delivery
6.1 Newcaslte Podcast Station will deliver any raw audio within 24 hours if requested by a client.
6.2 Newcaslte Podcast Station will deliver any produced audio within a timely manner in which it sees fit unless otherwise agreed.
6.3 Newcastle Podcast Station will deliver any raw video files within 24 hours.
6.4 Newcastle Podcast Station will deliver any produced video within a timely manner in which it sees fit unless otherwise agreed.
7.0 – General Terms of Use
7.1 Newcastle Podcast Station’s Audio Treatment: Newcastle Podcast Stations custom made audio processing chain (Equalization, DeNoise, Multiband Compression, and Limiting) that is applied to every recording for basic audio cleanup.
7.2 Raw Media: Refers to Audio (WAV, MP3) or Video (.MOV, .MP4) media that has been exported directly from the recording source and does not include any editing or processing.
7.3 Release Ready: Files delivered that have undergone Express Rendering and Basic Editing (Audio Only) and meet industry standard sound levels (-16 LUFS for Stereo Files, -19 LUFS for Mono Files). Third party media assets such as stock music, sponsorship spots, intros/ outros, and bumpers are not included. 7.4 Basic Editing (Audio Only): Applies to all produced podcasts. This Involves the removal of obvious mistakes and/or errors, editing marked retakes, and trimming of start and end points.
7.5 Creative Editing (Audio & Video): Refers to all post production editing for both audio and video media beyond basic editing requirements. Edits are performed as per approved client creative brief.
7.6 Media Storage: Newcastle Podcast Station will take every precaution to maintain a backup for 6 months from the date of recording. Note that retrieval of these backups will attract additional fees.
7.7 Dry Hire Rental: Every dry hire session attracts an equipment hire charge, this charge is per session and includes equipment rental and does not include operators.
7.8 Livestreaming: Newcaslte Podcast Station will make every effort to ensure an uninterrupted stream however can not take on liability for disruptions beyond our reasonable control.
7.9 Live Editing – Includes live editing of audio & video. Additional charges apply for this service.
8.0 – Workplace Health & Safety
8.1 Clients and their representatives located on Newcastle Podcast Station premises must comply with Newcaslte Production Station’s workplace health and safety guidelines.
8.2 Newcastle Podcast Station reserves its rights to refuse use of any Client or Client representative’s equipment (including software) on Newcastle Podcast Station’s premises if, in Newcaslte Podcast Station’s opinion, such equipment exposes Newcastle Podcast Station’s property to risk of loss or damage, is unsafe or breaches the Health and Safety Act 2011 including failure to comply with Electrical Safety Standards AS/NZS 3760:2003.
9.0 – Damage and loss
9.1 The Client indemnifies Newcastle Podcast Station’s and its employees against all and any losses, damages or claims by third parties howsoever arising in respect of any loss or damage to any property including USB, SDXC, disks and media, corruption of data or computer systems and software, breach of intellectual property rights, personal injury or death, breach of contract or breach of law caused by an act or omission of the Client or its representatives.
9.2 The Client is liable for all and any losses, damages or claims in respect to any of Newcastle Podcast Station property including USB, SDXC, disks and media, corruption of data or computer systems and software, breach of Newcastle Podcast Station’s intellectual property rights, personal injury, breach of contract or breach of law caused by an act or omission of the Client or its representatives.
9.3 To the extent permitted by law, Newcastle Podcast Station is not liable for any losses, damages or claims arising out of or in connection with this contract, the use of Newcastle Podcast Station premises or equipment (including software) by the Client or its representatives, the provision of services or advice by Newcastle Podcast Staton or its employees, including but not limited to breakdowns or defects in equipment, facilities, and materials provided by Newcastle Podcast Station or any default on the part of Newcastle Podcast Station or its employees in connection with or during the carrying out of any work by Newcastle Podcast Station or its employees.
9.4 Whilst every effort is made to ensure reasonable security, Newcastle Podcast Station accepts no liability for loss, theft or damage to Client property, USB, SDXC or recording/backup media whilst on our premises. In the case of transfers from old medium (eg; analog tapes, old tape or old digital formats) to new, Newcastle Podcast Station makes no guarantee of success. All care but no responsibility will be taken during the process of transfer. Newcastle Podcast Station equipment and specifications are subject to change without notice.
10.0 – Privacy and Personal Data Policy
Newcastle Podcast Station takes its responsibilities under Privacy and Personal Information Protection Act 1998 No 133 seriously.
We also recognise the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data, and we are committed to protect the privacy of your personal data.
Please read this policy to understand what personal data is collected or processed by us, and for what purposes it is used for.
11.0 Copyright Policy – (Australia Only)
11.1 The Australian Copyright Act allows certain uses of content on the internet without the copyright owner’s permission. Newcastle Podcast Station forfeits all liability with respect to copyright and encourages clients obtain independent advice prior to the use of any 3rd party content.
11.2 The publishing of content owned by an artist or record label may require independent release agreements to be entered into prior to distribution.
12.0 Licensing (Australia Only)
12.1 APRA AMCOS (Australian Prudential Regulation Authority) Newcastle Podcast Station forfeits all liability with respect to licensing and encourages clients to contact APRA AMCOS directly.
APRA AMCOS is an Australian music rights organisation representing songwriters, composers and music publishers. APRA AMCOS license organisations to play, perform, copy, record or make available artists music, and distribute the royalties to artists. For more information head to https://apraamcos.com.au/
Note: copyright and licensing are not the same thing, you may have a license to distribute content but not have the right to distribute copyrighted content without having sought approval from the artist or record label directly.
NEWCASTLE PODCAST STATION PRIVACY POLICY
Privacy and Personal Information Policy
Newcaslte Podcast Station takes its responsibilities under Privacy and Personal Information Protection Act 1998 No 133 seriously.
We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data, and we are committed to protect the privacy of your personal data.
Please read this policy to understand what personal data is collected or processed by us, and for what purposes it is used for.
This Data Protection Policy covers the following topics
1. Definition of Data Protection Terms
2. What personal data does Newcastle Podcast Station collect?
3. How does Newcastle Podcast Station use your personal data? 4. Sharing your personal data
5. Using products or services
6. Protecting your personal data
7. Personal Data breach reporting
8. Accessing your personal data
9. Cross-border transfer of personal information
10. Cookies and other tracking technologies
11. Changes to our Data Protection Policy
This policy is provided for your information and doesn’t limit or exclude your rights under the Privacy and Personal Information Protection Act 1998 No 133.
1. Definition of Data Protection Terms
Data is recorded information whether stored electronically, on a computer, or in certain paper-based filing systems.
Data processors include any person who processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on behalf of Newcastle Podcast Station.
Personal data means any data relating to a living individual who can be identified from that data. Personal data can be factual (such as a name, address or date of birth) or it can be an opinion (such as a performance appraisal). It can even include a simple e-mail address. It is important that the information has the data subject as its focus and affects the individual’s privacy in some way.
Processing is any activity that involves use of data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organisation, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
2. What personal data does Newcastle Podcast Station collect?
We collect personal data about you when you use our website and/or IT portal and/or mobile application and/or other channels and throughout other interactions, communications and services you have with us. We will collect your personal data in accordance with the Privacy and Personal Information Protection Act 1998 No 133.
Personal data which we may collect include but are not limited to:
1. your personal information such as your name, date of birth, marital status, gender;
2. your contact information such as postal addresses, email addresses, telephone, mobile phone and fax numbers;
3. your past and present employment information such as organisation name, organisation type, industry sector, job function and responsibilities, designation, business telephone and fax numbers, business email addresses;
4. your billing and payment information, including name of the credit/debit cardholder, credit/debit card number, security code and expiry date;
5. information on how you use our products and services (such as the type, date, time, location, comments and messages, how much you spend;
6. internet protocol (“IP”) address used to connect your computer or device to the Internet, connection information such as browser type and version, your operating system and platform, a unique reference number linked to the data you enter on our system, login details, the full URL clickstream to, through and from the website and/or IT portal and/or mobile application (including date and time), cookie identifier, your activity on our website and/or IT portal and/or mobile application, including the pages you visited, the searches you made and, if relevant, the services you purchase; and
7. lifestyle information and any other information collected in relation to your use of our products and services.
We may receive information about you from third parties if you use any websites or social media platforms operated by third parties (e.g. Facebook, Instagram, Twitter etc.) and, if such functionality is available, you have chosen to link your profile on our website and/or IT portal and/or mobile application with your profile on those other websites or social media platforms.
3. How does Newcastle Podcast Station use your personal data?
The personal data that we collect from you may be used by us for a number of purposes connected with our business such as:
1. Processing and evidencing your orders or applications;
2. Carrying out credit checking and scoring (unless we have agreed otherwise);
3. Providing you with products and/or services you have requested or administering your account;
4. Billing you (unless you pay by another agreed method) and collecting any debt owed to us by you;
5. Settling accounts with those who provide related services to us;
6. Dealing with your requests, enquiries or complaints and other customer care related activities;
7. Carrying out market and product analysis, improvements to our products and services and marketing our and our group companies’ products and services generally;
8. Contacting you about our and our group companies’ products and services (unless you ask us in writing not to). Where such contact is via electronic means, our terms and conditions record our agreement with you that the electronic marketing messages don’t need to include an unsubscribe facility;
9. Carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;
10. Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer;
11. Providing aggregated user information to third parties (without at any time disclosing personal information about an identifiable individual;
12. Generally customising your experience on our sites;
13. For general administrative and business purposes.
(collectively, the “Purposes”)
In order to conduct our business operations more smoothly, we may also be disclosing the personal data you provide to us to our third party service providers, agents and/or affiliates or related corporations, and/or other third parties, who may be situated in or outside of Australia, for one or more of the above-stated Purposes.
4. Sharing your personal data
There may be times when we need to disclose your personal information to third parties. If we do this, we will only disclose your information to:
1. Our group entities who may use and disclose your information for the same purposes as us;
2. Those who provide to us or our group entities products or services that support the services that we provide, such as our freelancers, suppliers & customers;
3. Credit reference agencies (unless we have agreed otherwise), who may share your information with other organisations and who may keep a record of the searches we make against your name;
4. Anyone we transfer our business to in respect of which you are a customer or a potential customer;
5. Anyone who assists us in protecting the operation of the Newcastle Podcast Station networks and systems, including the use of monitoring and detection in order to identify potential threats, such as hacking and virus dissemination and other security vulnerabilities; 6. Anyone who hosts or maintains data centres, service platforms and other infrastructure and systems on behalf of us and our group entities, where your information is processed;
7. Persons to whom we may be required to pass your information by reason of legal, governmental or regulatory authority including law enforcement agencies and emergency services;
8. Aggregated user statistics and other information that does not personally identify you, to third parties such as our advertisers, customers, potential customers and partners;
9. Any person or organization as authorised by the Privacy and Personal Information Protection Act 1998 No 133
10. including with your prior authorisation which we will usually obtain at the time of collecting the information from you.
11. If you would like to opt-out of receiving Newcastle Podcast Station marketing materials, please contact hello@newcastlepodcaststation.com.au
5. Using products or services outside of Australia
When using our products or services abroad, your personal data may be transferred outside Australia to that country. Our websites and systems and those of our group entities are based on servers often located outside of Australia. Please note that the data protection and other laws of countries outside Australia may differ.
6. Protecting your personal data
We will take reasonable steps to ensure that the personal data we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.
7. Personal Data breach reporting
We will notify you if we determine that personally identifiable information about you held by us has been subject to unauthorised accessor disclosure, such as an information security breach. Where required to do so, we will provide your information to relevant authorities as part of any mandatory data or privacy breach reporting regime.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
8. Access and updating your personal data
You have the right to access personal data we hold about you if we hold that personal data in a way that it can be readily retrieved, subject to some exceptions provided at law.
You may request access to the personal data we hold about you by sending an email to hello@newcastlepodcaststaion.com.au. Please quote your name and email address. We would be grateful if you could also provide brief details of what information you want a copy (this helps us to more readily locate your data).
In some cases, there may be a charge associated with providing copies of your personal data to you. If so, we will advise you of this prior to sending your personal data to you. Additional rights may also apply under applicable laws.
We will not be able to provide you personal data if we do not know or don’t have reasonable grounds to believe it is personal data about you or if disclosing the personal data would involve the unwarranted disclosure of the affairs of another individual.
You can request correction or amendment of the information held by us at any time and as often as necessary by sending us an e-mail to contacting us and specifying the information that you require changed. If it is reasonable in the circumstances for us to do so, we will make the requested change or correction, otherwise we’ll take reasonable steps to mark that information as having been subject to a change or correction request.
For further information about the Privacy and Personal Information Protection Act 1998 No 133 and how it protects the personal information of individuals in Australia, see https://www.legislation.nsw.gov.au/#/view/act/1998/133
9. Cross-border transfer of personal data
Your personal data may be transferred to other countries for processing, support, storage and other necessary activities and by using our Services. You consent to the transfer of information to countries outside of your country of residence, which may have different personal data protection rules than in your country. If we transfer your information outside of Australia in this way, we will take steps to ensure that your privacy continues to be protected in a manner which is consistent with Australia privacy law.
10. Changes to our Data Protection Policy
We reserve the right to change this Data Protection Policy from time to time and we will tell you about a change in the policy by posting an updated policy on our website. By continuing to access or use our website after those changes become effective, you agree to be bound by the revised privacy policy. Any change we make applies from the date we post it on the website.
If you have any questions or comments about this Privacy Policy, please contact us at hello@newcastlepodcaststaion.com.au