These Terms of Service ("Terms") govern your use of our website located at http://www.bigmouth.co.nz/ ("the Site") and any the provision of services or digital goods you may acquire through the site. These Terms form a binding contractual agreement between you, the user of the Site and us, BigMouth Limited (“Bigmouth”).
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via [email protected]
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3 You acknowledge and agree that:
we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
We may revoke this licence to use the Site at any time without cause on a case by case basis.
2.1 You may seek to acquire Voicework services and digital products via the site (“Voicework”). You acknowledge that Bigmouth acts as agent for individual talent (“Voices”) and that your contractual relationship is with Bigmouth and not the Voices that may ultimately provide you with Voicework.
2.2 The site constitutes an offer to treat, and we make no guarantees regarding the availability of a particular voice or regarding supplying you with Voicework.
2.3 Provision of Voicework is negotiable on a case by case basis, and these terms are to be read with the instructions and protocols outlined on the Site and updated from time to time.
3.1 Except as explicitly provided for, nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
3.2 Where you acquire Voicework through the Site, intellectual property rights in relation to the final product passes to you on completion of the job and full payment being received.
Unless explicitly specified otherwise at the time of engaging one of our Voices, you grant us irrevocable licence to use the Voicework that you have purchased through the Site, on the Site and in other promotional materials generated from time to time by Bigmouth.
5.1 Fees are payable in advance, or secured by credit card authorisations, prior to completion and supply of Voicework.
5.2 The rate of payment is that specified on the Site from time to time. This is subject to change without notice.
5.3 The fees you pay will include an agency fee. This is subject to change without notice.
6.1 Payments for Voicework must be made through the Site and not direct to Voices.
6.2 You will not circumvent the Site payment procedures, and doing so will bar you from future use of the Site, and be an actionable wrong.
7.1 We may terminate this agreement immediately if you default on your obligations under this agreement.
7.2 In the event payment remains outstanding for Voicework, payment is due on demand and subject to a penalty interest rate of two percent (2%) per month compounding monthly (equivalent to an annual interest rate of 26.86%).
7.3 If debt collection is required, you accept liability for all debt collection costs, including legal fees on a solicitor-client basis.
8.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
8.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
8.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
in the case of goods:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of having the goods repaired, and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
8.4 To the full extent permitted by law, we exclude liability for any consequence loss.
9.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
9.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
10.1 Your obligations under these Terms survive termination, to the fullest extent permissible by law.
11.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
11.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
11.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
11.4 This Agreement is governed by the laws of New Zealand and each party submits to the jurisdiction of the courts of New Zealand.
11.5 The parties agree that the Proper Court in this matter is the Auckland District or High Court, depending on the level of the dispute.