Article 1: Definitions & concepts
Seller: Open Productions (as “Open-Pitch”)
Playlists: Lists on Spotify which include tracks and are followed by a certain amount of people.
Campaign: Service where 1 or more playlists are used to promote a track, by having the specific track featured in 1 or more lists.
Delivery Time: This is the amount of days which Open Productions is using to strive to receive playlist placements for the Client.
Follower Size: Amount of followers which are following 1 or more playlists. This is the total amount of 1 or more playlists together where the Seller is getting paid for.
Article 3: How does it work?
We pay curators or promoters a small fee for listening to the client his track. We continue this process until we have received the total amount where you are paying for. This means the client will get the 100% of the campaign size he is paying for. We still do this on a 100% pitched basis. Therefore, we fully comply with the terms of Spotify. All playlists we work with are real and created on organic basis.
Article 4: Delivery Time
The Delivery Time is starting at the moment that Open Productions has personally responded on the Order Confirmation email towards the Client, with proof of starting the campaign. This proof comes in the form of screenshots, URLs of playlists, invoice details in pdf or word formats
Cients will receive the personal response from Open Productions normally within 3 days.
Article 5: Limitation of Liability
Subject to Article 6 Open Productions shall not in any circumstances be liable to the Client in respect of any: loss of profits; or loss of contracts; or loss of revenue or goodwill; or type of special, indirect or consequential loss, business interruption or loss of or damage to business information or data whether in contract, tort (including but not limited to negligence) or otherwise and whether or not suffered as a result of an action brought by a third party, even if such loss was reasonably foreseeable or the Client had been advised at any time of the possibility of the Client incurring the same.
For the avoidance of doubt, Open Productions shall not be liable to the Client or be deemed to be in breach of these Terms of Business by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Business, if the delay or failure was due to any cause beyond Open Productions’s control, due to any instructions given by the Client or in any delay caused by the Client.
Save as expressly set out herein all conditions, warranties, terms and undertakings express or implied statutory or otherwise (including, without limitation, as to fitness for purpose or satisfactory quality) in respect of the Services or any products provided pursuant to the Services are hereby excluded except to the extent to which it is unlawful to exclude such liability.
Nothing in these Terms of Business shall confer any right or remedy upon
the Client to which it would not otherwise be entitled.
The limitations and exclusions of liability in these Terms of Business shall survive termination of these Terms of Business.
Article 6: Refunds
If the campaign has been started already, which means the Client his track has been pitched to playlist curators or received playlist spots already, the Client is unable to apply for a refund. (Except if discussed otherwise, on campaigns starting from 12 playlists, The Client is authorized for a partly refund of the part of his campaign which has not been covered and/or scheduled yet.)
Refund Example: If client paid for a 10 playlists campaign, and 8 has been done, client can ask for a refund of the remaining 2, which is equal to 20% of the full campaign. This means, the client will get a refund of 20%. But if 8 is done, and 2 is already scheduled for within a week, the payment is non-refundable. This campaign is already marked as finished.
Article 7: Termination
Article 8: Indemnity
Article 9: Waiver of Remedies
No forbearance, delay or indulgence by either party in enforcing the provisions of these Terms of Business shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
Article 10: 7 Days of reflection time
Article 11: Response
Once you order, you agree to wait from 24 to 72 business hours for an email from us. There will be no emails sent out on weekends. (Friday after 6PM GMT to monday 8AM). If we don’t email you within 72 hours, we are probably working on other orders. In this situation, feel free to email firstname.lastname@example.org for a status update.
Article 12: Marketing communications
By using any contact forms at www.openproductions.eu you agree that contact forms may be used to collect your email address, your personal name and your customized data for email marketing purpose. You can unsubscribe anytime, or adjust your preference anytime you receive an email. Email adresses can be used for external marketing purposes beside email marketing alone, like Facebook advertisement.
Article 13: Marketing Purposes
Article 14: Marketing Purposes
PLAY CAMPAIGNS COULD LAST UP TO 2 MONTHS.
YOU AGREE TO NOT FILE AN DISPUTE ON PAYPAL, YOU CAN RESOLVE PROBLEMS AT email@example.com
IF YOU ORDER ON THURSDAY, THERE WILL BE A CHANCE YOU WILL GET AN EMAIL FROM US ON MONDAY.
Article 15: Governing law
The laws of Italy shall be applicable on these terms and conditions.