Terms & Conditions
for voice artists
Date of Last Revision: April 15, 2022.
Welcome to Voicefinder
Please read carefully all the points that are included in these terms and conditions of use and provision of services (“Terms and Conditions”, “Terms”, or “Agreement”).
The website vftest1a.kinsta.cloud (hereinafter “The site” or “The Platform”), as well as their respective mobile applications, correspond to an online market where voice professionals offer their services (hereinafter “Voice Artist” or “User”) and users seeking to hire such Voice Artist (“Client”) can identify each other and buy and sell services online. The site is operated by Voicefinderapp S.L. (hereinafter, “Voicefinder”) with business address at Paseo Independencia, 24, Office 308, 50004 Zaragoza (Spain). Those certain services requested by the Clients, which will be completed by the Voice Artist, are hereinafter referred to as the “Projects”. The Voice Artist services will be paid for and the digital goods underlying the Voice Artist services will be shipped through our Site and will be governed by the Terms and Conditions described below. Subject to the terms of this Agreement, Voicefinder provides services to Customers and Voice Artists, including hosting and maintaining the Site, and facilitates the sale and purchase of services for Voice Artists and Customers.
By: (a) creating an account on The Site; (b) click “I Agree” (or take any other active step) to indicate that you agree to the terms of this Agreement; (c) sign a copy of this Agreement; (d) sign, publish or otherwise accept the terms of a Project, or call for Casting; (d) signing, posting, or any other agreement incorporating the terms of this Agreement or (e) any other type of business relationship with Voicefinder; you, the Voice Artist, acknowledge that you have read, understood and accepted the Terms and Conditions. I expressly state that I accept them freely and consciously, having on my part satisfactorily reviewed the information which I consider adequate and sufficient. This Agreement applies to all prior, current, and future agreements between you and Voicefinder. This Agreement governs the relationship between Voicefinder and the Voice Artist. If you do not agree to all of these Terms, do not access or use this service. Voicefinder reserves the right to change the content of the site and these Terms and Conditions from time to time without prior notice.
- CASTING: It is an audition or test that is requested from a Voice Artist to assess their qualities for a certain Project.
- RECORDING: The act of capturing and storing images or sounds by means of a disk, magnetic tape or other procedure, so that they can be reproduced.
- PROJECT, JOB: It is the order for which the Voice Artist is requested for the digital asset (“Production”) to satisfy the needs of a Client. This is sent through the site or otherwise, which includes, among others, the description of the digital goods, the expiration dates and the payment conditions.
- PRODUCTION, WORK: It is a unique and original audiovisual piece created by the Voice Artist to achieve a requested project.
TERM AND RENEWAL
This Agreement shall become effective at the time Voice Artist accepts this Agreement and shall apply for the duration of time that Voice Artist uses the Site and receives the Services, or for any specific term or period to which a User subscribes, unless earlier terminated by either party as permitted by this Agreement.
If Voice Artist has subscribed for a specific term or period (e.g. annual or monthly or on some other basis) Voicefinder will send Voice Artist a notice of renewal prior to the end of such period, and such term or period of Services will be automatically renewed for a period equivalent to the immediately preceding term or period unless Voice Artist elects not to renew by giving notice in the manner prescribed in the Voicefinder notice of renewal.
The Voice Artist must ensure the highest quality in its recordings, avoiding any type of ambient or electrical noise. It must comply with the indications established by the Client at the beginning of each Project, attending to the correct technical quality of the Recording and complying with the stipulated delivery deadlines.
The Voice Artist will be made available to Voicefinder for review or re-recording within 30 days of the Project completion. The recording will be free if the following cases are met:
- Poor technical quality
- Diction and / or reading errors
- Timing mismatch
- The part does not correspond to the proposed indications.
METHOD OF PAYMENT
- In order to release the job fees of the Voice Artist must register a valid payment method in the “My Account” section of The Site. Payments will be released within a maximum period of thirty (30) calendar days, these usually being made on the 15th of each month. If payment is delayed for operational reasons, Voice Artist will be contacted by Voicefinder to explain the reasons for the delay and set a new payment date.
- Voicefinder uses a third-party payment processor (PayPal). The processing of payments or credits, as applicable, in connection with use of The Site will be subject to the terms, conditions and privacy policies of the payment processor and applicable credit card issuer. Voicefinder is not responsible for any errors by the payment processor and Voice Artists will resolve any disputes for amounts charged directly with the payment processor.
The Voice Artist undertakes to maintain the confidentiality of any information related to the Clients, as well as the content inherent to its collaboration with Voicefinder, such as: scripts, applicable fees, contracts, files provided by Voicefinder or by third parties. Both parties undertake to keep the most absolute secrecy regarding the personal data to which they have access in compliance with this Agreement and to observe all the legal provisions contained in Organic Law 15/1999, on the Protection of Character Data. Personal.
If the Voice Artist is found to have seriously or repeatedly violated the Terms, we may suspend or permanently disable their account on The Site. Voicefinder reserves the right to terminate this Agreement at any time and without prior notice in the following cases:
- Breach of any of the clauses of these Terms.
- Labor malpractice.
- Repeated non-compliance with delivery deadlines or informalities in the follow-up of the project indications that lead to a failed achievement of the service provided, as well as the lack of rigor in the technical specifications, and / or lack of quality in the service provided.
- If we are forced to do so for legal reasons.
IMAGE RIGHTS & INTELLECTUAL PROPERTY
The Voice Artist assigns its image rights to Voicefinder (including its assignees or licensees) and may modify, publish and distribute the Recording on the platform or in any other medium in perpetuity. Likewise, the Voice Artist allows Voicefinder, the right of communication and public broadcasting of the Recording, to be able to publicize the platform.
The Voice Artist guarantees the Voicefinder that the contents and materials made are completely original and that it has all the intellectual property rights over them, having been fully developed by the Voice Artist, exempting the Voicefinder from possible claims suffered for this reason.
ASSIGNMENT OF THE AGREEMENT
The parties may not assign to third parties the rights or obligations that are granted by virtue of this Agreement, unless expressly authorized in writing by the other party.
The Voice Artist, prior to receiving this Agreement, has voluntarily requested registration on the platform. Providing data and voice samples that support their professional service and that will be considered to formalize the collaboration with the Voice Artist.
WHO CAN REGISTER ON VOICEFINDER?
We want the platform to be a safe environment in which Voice Artists can develop their talent, so it must:
- Provide accurate information about yourself, such as your full name, age, previous experience, and voice samples that prove your professional qualifications.
- Create only your own account. Not being able to create more than one.
- Not share your password or give other people access to your account on the site, or transfer your account to them (without our permission).
We try to make Voicefinder available exclusively to professionals, such as: voice actors and/or Voice Artists, but you will not be able to register with Voicefinder in the following cases:
- If you are under 18 years of age.
- If you cannot issue legally valid invoices.
- If you do not have valid Intra-Community VAT (Only for EU residents).
- If you have been convicted of sex crimes or terrorism.
- If your request for discharge has been rejected on two or more occasions.
- If we have previously disabled your account for violating the Terms and Conditions.
- If applicable law prohibits you from accessing our Site, products, services or software.
- If you have an active exclusive contract linked to another company / company.
To provide our services, we need you to grant us certain permissions:
- Permission to use the content you create and upload to the platform: there is content that you share or upload, such as photographs, audios or videos, which may be protected by laws on intellectual or industrial property. Being the owner of the intellectual property rights of the content that you create and share on the platform.
- In order to offer our services, you must grant us some legal permissions (called “licenses”) to use such content. Specifically, when you upload content, you grant us a worldwide, non-exclusive, transferable, sublicensable, copyright-free license to host, use, distribute, modify, maintain, reproduce, display or publicly communicate and translate your content, as well as to create derivative content (in accordance with the provisions of point 21 of this Agreement). If you upload an audio file with your voice, you give us permission to store, copy and share it with third parties. This license will remain in perpetuity and will be applicable to Voicefinder, as well as its assignees or licensees.
- When you delete your content, other users will stop seeing it, but it can still be hosted on our systems.
- Permission to use your name, profile picture and information, without receiving compensation of any kind. For example, we can publicly show users of the platform your profile photo, as well as the voice sample that you have provided us.
FEES AND PAYMENT
Both parties recognize the compensation for the Voice Artist services provided that the Client approves the quality of the finished project. The Customer and Voicefinder must agree on the rates before the start of the services. Unless otherwise agreed, Voicefinder compensation will be the difference between the charges paid by the Customer and the Voice Artist service fee.
Any special project created by Voicefinder Team will entail a negotiable remuneration based on market conditions and the type of service. Voicefinder will use reasonable efforts to obtain the most favorable terms and rates for Voice Artist. If Voice Artist chooses to contract the services of a third party to provide the requested service, Voicefinder will not be responsible for compensating the third party.
METHOD AND HOURS FOR CONTACT
The Voice Artist agrees to provide Voicefinder with updated contact information and allows Voicefinder to contact you to request its services or any other communication derived from the collaborative relationship established in this agreement.
The Voice Artist, you can enter or modify your contact information by accessing your account, through the Voice Artists area.
Most communications will be made Monday through Friday, during business hours.
However, The Site is operational 24 hours a day, 7 days a week, Voicefinder can contact the Voice Artist requesting their services at any time.
Voicefinder –in addition to the Projects where the Client directly chooses the Voice Artist – can send Castings to assess the skills of a Voice Artist or Voice Artists in Projects with special requirements or characteristics. Each Casting will have special conditions, as well as a special pricing, marked either by the particularity of the project, or by the budget defined by the Client.
- NON-EXCLUSIVITY AGREEMENT
Both parties agree that this relationship is not exclusive. Voicefinder collaborates with other Voice Artists, some of whom may have the same or similar skills and certifications. Both parties acknowledge and agree that Voicefinder may also contract the services of other Voice Artists as well as Voice Artist may provide its services to other companies.
AVAILABILITY OF THE SERVICE
- If the Voice Artist cannot offer the requested service, it must communicate it as soon as possible through one of these two ways:
- By email, stating the reason and the start and end dates of your indisposition to the address: firstname.lastname@example.org.
IMPOSSIBILITY OF DELIVERY
If after the acceptance of a Project the Voice Artist could not deliver the Recording within the agreed deadlines, it must communicate it as soon as possible through the messages system that incorporates the platform or by email, to the address email@example.com
The Voice Artist will be penalized if it fails to meet the delivery deadlines. 30% of the amount to be received by the Voice Artist in said Project will be discounted. If the Voice Artist is delayed two (2) or more business days from the initial delivery date, Voicefinder reserves the right to cancel the Voice Artist’s participation in said project without any type of financial compensation or remuneration for the services it has provided.
The Voice Artist agrees that User will not circumvent Voicefinder’s payment procedures. User will not engage in any Prohibited Acts. For purposes of this section, “Prohibited Acts” means:
(a) listing, displaying or otherwise providing any direct contact information to another User through The site;
(b) submitting proposals to or soliciting Clients identified on The Site to contact, hire, manage or pay such User directly and not through the Platform;
(c) accepting proposals from or soliciting The Voice Artist identified on The Site to contact, deliver the Work, invoice, or receive payment by another User directly and not through the Platform;
(d) invoicing or reporting on The Site an invoice or payment amount different than that agreed between Client and The Voice Artist;
(e) using any Work or other materials without payment;
(f) any payment for, or use of, Work (including via an extension, renewal or re-use) other than pursuant to an accepted Job Agreement;
(g) any other circumvention of The Site to establish contact between Client and The Voice Artist to complete any Job.
OBLIGATIONS OF VOICEFINDER
- Voicefinder is committed to promoting The Voice Artist to its Clients and collaborators through its online voice catalog.
- Voicefinder guarantees the payment of the agreed fee for the service provided, within 30 calendar days of the completion of the Work.
- In the event the Production is delayed or canceled, Voicefinder agrees to credit Voice Artist for any Work that has been completed.
- Voicefinder will transmit the necessary specifications to the Voice Artist before the job begins. Voicefinder will make all the information available on the Project available to the Voice Artist in a clear and orderly manner through the platform. The Voice Artist will be notified by email informing them of the details of the Project.
- Voicefinder will enable on the platform for each Project a direct communication channel between the Client and the person in charge of managing the project (“Project Director”).
- Voicefinder will not force Voice Artist to promote the Production or Platform on social media or other public platform, although Voice Artist may still choose to voluntarily promote your participation after any confidentiality agreement has been lifted.
- Voicefinder will provide a summary of all the earnings obtained by the Voice Artist that can be consulted by logging in to the Voice Artists area.
- Voicefinder will present the accounts of the fees derived from the professional Voice Artist services of the Voice Artists to the State Administration Agency of the Kingdom of Spain.
USE AND PROPERTY
With respect to the voice work produced by the Voice Artist for a Client (hereinafter, “Work”) in connection with a Project or an accepted Casting, immediately after the transfer, transmission, shipment or upload of the file through The site, or through other means, the Voice Artist: (I) transfers, assigns and transmits to Voicefinder, all rights, titles and interests (including, without limitation, copyrights) in the Work for said Project (including, without limitation, sound recordings, performances, compositions, musical works and other content protected by copyright included in the same) that the Voice Artist has agreed to provide to the Client (through The site) in the corresponding Project, Casting, Service Agreement or other agreement between Voice Artist and Voicefinder; (II) waive all moral rights (and all other rights of a similar nature) that Voice Artist may have in said Work in favor of the relevant Client (and any third party authorized by Voicefinder or Client to use said Production); and (III) you agree to execute any and all additional documents that Voicefinder may request to confirm and / or give full effect to Voicefinder and / or the Client’s applicable rights under this Agreement.
The Voice Artist understands that the work provided for the creation of the Work is considered a purchase for the rate agreed upon with Voicefinder, and is not obligated to provide any additional royalties, bonuses, or usage fees.
Without limiting the generality of the foregoing, Voicefinder (including its assignees or licensees) may use, modify, publish and distribute the Recording on its Site and social networks or any other medium in perpetuity, regardless of the initial dissemination that said Project has and without no right of approval by the Voice Artist. Its use will be exclusively to promote the platform and the Voice Artist.
Upon full payment by the Customer, Voicefinder will grant all rights, titles and interests (including, copyright and image) that Voice Artist has agreed to provide to the Customer in the Project, Casting or other agreement between Voice Artist and Voicefinder, that for greater certainty will be limited and subject to any purpose, intention, scope and restrictions (including, if applicable, the category of use, the size of the market and the period of time) established in the initial application of the Project, Casting or other agreement between Voice Artist and Voicefinder. In the event that the Project, Casting or other applicable agreements do not specify such limits or restrictions of use, a full purchase of the rights to the Work will be assigned. The Client may extend the broadcasting rights whenever he wishes. If this is the case, Voicefinder will pay the difference to Voice Artist.
Voicefinder will not reuse the Work in other productions. If this is the case, Voicefinder will consult Voice Artist beforehand and will propose additional remuneration.
The Voice Artist exempts Voicefinder from any misuse or breach of the limitations on the use of the Work by a Client. Voicefinder shall not be obliged to notify the Customer of its misuse or to mediate between the Voice Artist and the Customer.
LIMITATION OF LIABILITY
By using The Site, Voice Artist agrees to hold Voicefinder harmless for any liability or damage that may arise from the Voice Artist services or from providing the Voice Artist services. Voicefinder is not responsible for the conduct, whether online or offline, of any Customer, Voice Artist or other party, including third party providers, and will not be liable for any claim, injury or damage arising in connection with any service it provides. the Voice Artist.
Voicefinder will not be liable for any indirect, consequential, special, consequential or punitive damages, loss of profits or income, regardless of whether such losses are incurred directly or indirectly, or loss of data, use, goodwill or otherwise. Intangible losses, arising from: (I) your access or use or inability to access or use the services; (II) any behavior or content of third parties in the services including, without limitation, any defamatory, offensive or illegal behavior of other users or third parties; (III) any content obtained from the services; or (IV) unauthorized access, use or alteration of its transmissions or contents; (V) the possible illicit acts incurred by Voicefinder customers, whether arising from contractual breach or for any other legal cause, including civil liability derived from crime. The total responsibility of Voicefinder will not exceed in any case the amount of fifty euros (50.00 euros).
MODIFICATIONS TO THE TERMS AND CONDITIONS
Voice Artist understands and accepts that these Terms may be revised and modified by Voicefinder at any time, by publishing a new version of the Terms in the legal sections of The Site. Furthermore, you understand that it is your obligation and responsibility to stay informed of news and events that Voicefinder publishes on The Site. It is understood that there is no obligation on the part of Voicefinder to individually notify Voice Artist of the changes made, but that they will be published on The Site for your knowledge. If after five (5) business days from the date of the respective publication, the Voice Artist does not inform Voicefinder of its desire to cancel this Agreement (in accordance with the provisions of these Terms) and / or continues to use The Platform, it will be understood that you accept said modifications, limitations, deletions or additions.
APPLICABLE LEGISLATION AND COMPETENT COURTS
To know any discrepancy that may arise between the Voice Artist or Client and Voicefinder, both parties submit to the Courts and Tribunals of Zaragoza, Spain.