Terms & Conditions of Sale (T&Cs)
- 1) Parties
Provider: Caps Soundworks — Sole proprietorship (Entreprise Individuelle — EI)
Owner: Morgan Capel (EI) — SIREN 991 801 234 — SIRET 99180123400014
APE/NAF: 5920Z — Registered address: 5 Rue Louise Michel, 62660 Beuvry, France
Email: caps.soundworks@gmail.com— Phone: +33 6 15 32 25 33
Customer: Any natural or legal person placing an order with the Provider.
- 2) Scope – Acceptance
These T&Cs govern all Services provided by Caps Soundworks. Any order implies full acceptance of these T&Cs, to the exclusion of the Customer’s terms, including orders placed by e-mail.
- 3) Services & Definitions
Services:
Sound Design
Mixing/Mastering — Post-production
Mixing/Mastering — Music
Foley / Field Recording
Editing
(Where applicable) Original Music Composition
…and related audio services.
Revisions (corrections): adjustments requested by the Customer after delivery, distinct from technical fixes required to meet the agreed specification.
Rights transfer/licence: see Article 12.
- 4) Quotes, Validity & Formation
Quote: written scope, schedule, prices (excl./incl. VAT), payment terms, validity.
Validity: 30 calendar days from issuance unless stated otherwise.
Conclusion & Start: the contract is concluded on receipt of the signed/approved quote. The project starts only after the 30% deposit is received (payable at quote signature). Deposit receipt validates the quote and triggers production, considering the Customer’s deadline/delivery and the workdays estimated by the Provider.
- 5) Prices, VAT & Rate Validity
Currency: euros (€).
VAT: not applicable – franchise en base.
Rate card: valid until updated on the website or superseded by an accepted quote. If a quote is accepted, its prices prevail.
- 6) Payment
Deposit at signature: 30% of the total (project starts only after effective receipt).
Balance: Net 30 (payment due within 30 days from invoice date), unless otherwise stated in the quote.
Method: Bank transfer (details on the invoice).
Late payment: see Article 7.
- 7) Late Payment (B2B)
From the day after the due date: interest = 3× the legal interest rate (no prior reminder) + fixed €40 recovery indemnity. Additional recovery costs may be invoiced if actually incurred.
- 8) Revisions
Included: 3 rounds per ordered Service (reasonable adjustments without changing the agreed scope)
Small fixes: tasks achievable within a maximum of half a day (definition kept generic).
Request window: 10 business days after delivery; otherwise, deliverables are deemed conforming and accepted.
Extra revisions: €40 / revision.
- 9) Scheduling, Urgency & Overtime
Start point: schedules run from deposit receipt (Art. 6) and reception of required materials (Art. 11).
Cadence: reflects the Customer’s deadline and the workdays estimated by the Provider; any jointly-agreed change updates the schedule
Urgency: if a project must start and be finished in 48 hours, +25% surcharge (adjusted to project complexity).
Overtime: no dedicated overtime fee; extra hours at the Provider’s discretion (urgent needs are covered by the clause above).
- 10) Deliverables & Formats
Unless otherwise specified in the quote:
Sound Design / SFX
Delivery in WAV 48 kHz / 24-bit
Naming per the Customer’s nomenclature
Organized folder structure
Mixing / “Mastering” (stereo)
Targets on request: Streaming ≈ −14 LUFS, −1 dBTP ceiling; EBU R128 −23 LUFS, −2 dBTP ceiling
Stems / project files
On request, general stems only: Vx = vocals/voice, Mx = music, SFX = sound effects, VI = International Version (Mx + SFX only), ready to receive localized Vx
Full sessions/project files are not provided unless expressly agreed in the quote
- 11) Customer Inputs & Logistics
Provide, in due time, all information, materials, accesses and approvals required.
On-site recording: Customer provides space, permits and safety.
Expenses & travel: at cost against receipts, where applicable.
- 12) Intellectual Property & Credits
12.1 Ownership
Unless otherwise agreed in a signed writing, all sound creations, music and audio elements remain the full and perpetual property of Caps Soundworks / Morgan Capel (moral & economic rights).
12.2 Packages 1 & 3 — Sound Design / SFX (project-limited licence, ownership retained)
Subject to full payment, the Provider grants the Customer a non-exclusive, worldwide, perpetual licence, without additional royalty, strictly limited to the project specified in the quote (title, works, media/platforms and deliverables concerned).
Permitted for the project and its directly related uses (e.g., trailer of the same project, patches/updates, store submissions): use, technical adaptation if necessary, synchronization, reproduction, and communication to the public of the audio deliverables.
Definition — “communication to the public”. Any making available of the audio deliverables beyond the private circle, including online dissemination (website, social networks, stores), streaming/VOD, broadcast (TV, radio, cinema), public screening/event, or publication of a game/app integrating the deliverables.
This licence does not authorize providing raw audio files (download, library/pack/plugin) nor re-using them for another project without the Provider’s prior written consent and additional remuneration.
Always prohibited (unless agreed in writing): resale/redistribution in raw form; inclusion in a library/pack/plugin; standalone download; sub-licensing outside the Customer’s internal team and project subcontractors.
12.3 Package 2 — Mixing/Mastering (music & post-production)
Technical service on Customer-supplied elements; no transfer of the Provider’s copyrights beyond the service contract and fee payment.
12.4 Original musical works (composition)
Handled case-by-case under a written agreement (licence/assignment) specifying scope, media, territories, term, remuneration (fee/royalties), credits and any collecting.
By default (absent a specific signed agreement), all rights remain with the composer/Provider; the Customer receives only a non-exclusive, project-limited licence to use the music for the project specified in the quote, after full payment. Any other use or modification requires prior written consent and additional remuneration.
12.5 Scope — Territories — Term
Unless otherwise stated in the quote/agreement: licences are non-exclusive, worldwide, perpetual for the project. Any extension must be formalized in writing.
12.6 Stems & Portfolio
See Art. 10 for stems (Vx/Mx/SFX/VI). Recommended credit where feasible: “Sound Design / Audio by Caps Soundworks.”
The Provider may showcase short excerpts in portfolio, unless NDA/written restriction applies.
- 13) Warranties – Liability
Conformity to the written specification in the accepted quote.
Correction of non-conformities reported within 10 business days after delivery.
No liability for indirect damages (loss of profit, clientele, opportunity) nor for issues arising from Customer-supplied materials/instructions.
Liability cap: limited to the fees invoiced for the concerned service.
- 14) Data Protection (GDPR)
Personal data is processed only to manage inquiries, projects, invoicing and legal obligations. Data subjects may exercise rights of access, rectification, erasure, restriction, objection and portability by emailing caps.soundworks@gmail.com
- 15) Termination, Cancellation & Delays
Material breach: termination if not cured within 8 business days after formal notice.
Customer cancellation before start: the deposit is non-refundable.
Cancellation < 48h before scheduled deadline/delivery: min. 50% of the planned day(s) due, plus any amounts already incurred.
Customer-caused pauses/delays: rescheduled subject to availability; possible extra costs if scope/timeline changes.
On termination, sums due become immediately payable; the Provider may suspend work and withhold deliverables until payment.
- 16) Subcontracting
The Provider may subcontract specialized tasks (e.g., musicians, VO/ADR) while remaining the prime contractor responsible for delivery.
- 17) Governing Law, Jurisdiction & Language
French law. Disputes: competent courts where the Provider is established, subject to mandatory consumer rules. If FR & EN versions coexist, the French version prevails.
