Terms of Sale

Last updated 01/01/18

These Terms of Sale are subject to change without prior notice at any time in MusicBrief’s sole discretion, and such changes shall apply to any purchases made after such changes are posted to the MusicBrief website (“Website”). You should review these Terms of Sale prior to each purchase you make so you are aware of the specific terms applicable to such transaction. If you do not agree with these Terms of Sale, do not make any purchases via the Website.

1. Online music composition and production services

MusicBrief is a company which supplies music to clients including, but not limited to, advertisers, marketers and television commercial producers through an online music composition and production service.

You may submit a creative brief (“Brief”) on the Website setting out all information as required by MusicBrief including creative directions (including but not limited to style, tempo, lyrical content and length), technical specifications and deadline for submission of Brief.

You will also be required to select from one of the three following rights and payment options (“Payment Options”) :

*	FEE	MEDIA	USAGE	TERRITORY
1	A$8,000	Online Only	12 months	Worldwide
2	A$15,000	Any Media	12 months	Worldwide
3	A$20,000	Any Media Plus	Perpetuity	Worldwide

MusicBrief may then send the Brief to music composers (“Composer”) who may then compose a musical work based on the Brief (“Music”) and create a sound recording of the Music (“Master”) for potential use by you.

In order to submit a Brief, you will need to create a user account for the Website (“Account”).

2. Selection of music and master

MusicBrief will notify you if any Masters are submitted in response to your Brief. You will then be able to log in to your Account to listen to and evaluate any Masters. If you elect to purchase a Master, and the underlying Music, you will then be required to pay the Fee as set out below. Once full payment of the Fee is received, you may then request up to two sets of revisions to the Music and the Master, unless you selected the “All Media Plus” rights and Payment Option, in which case you may request unlimited revisions. You will then be able to download a full resolution audio file of the Master according to the specifications set out by you in the Brief.

3. Grant of rights

On payment of the Fee, and subject to the rights of the Australasian Performing Rights Association (“APRA”) or any other performing rights organisation (“PRO”) as set out below, MusicBrief grants you an exclusive licence throughout the world to use the Music and the Master as set out in the Brief and for the Media and Term according to the Payment Option selected as set out above. Except as provided for herein, neither you nor MusicBrief will reproduce, publish or otherwise exploit the Music and the Master without the written consent of the other.

The rights licensed to you herein do not include any rights owned by APRA. The Composer will be entitled to collect and retain 100% of royalties paid by APRA in relation to the Music.

4. Payment

The Fee must be paid in full before you are able to download the Master. Once full payment has been received by MusicBrief you will receive a tax invoice confirming your payment at the email address you have nominated (“Invoice”). If you do not receive the Invoice by email you should contact MusicBrief as soon as possible.

MusicBrief will pay all amounts due to the Composer from the Fee.

All sales are final. To make a purchase, you must confirm you wish to purchase the license for the Master, and underlying Music, by clicking the “Payment” button when displayed. The transaction is deemed complete upon clicking of the “Payment” button (subject to successful processing of payment). You will not have a right to cancel your contract once you have clicked the “Payment” button, unless the processing of your payment fails.

5. Warranties

MusicBrief warrants that :

(a) with the exception of those prior rights vested in APRA, it owns all rights, including copyright, in the Music and the Master;

(b) it has full power and authority to enter into this Agreement and has granted no rights in consistent with this Agreement;

(c) the Music and Master will not infringe the rights of any third party, by way of any uncleared samples, defamation, breach of confidence, or in any other way whatsoever;

(d) the Music and Master will be free from all encumbrances, charges and debts; and

(e) apart from payments to be made to APRA, PPCA or other similar collecting societies, no fees, residuals, royalties or other payments will be payable by you to any third party in respect of the exploitation of the Music or the Master pursuant to this Agreement.

6. Payment methods

Payment of the Fee may be made via the Website using Paypal. Other forms of payment will not be accepted. By submitting an order through the Website, you authorise MusicBrief, or its designated payment provider, to charge the account you specify for the full purchase amount. Transactions will appear on your statement as being from INTERNATIONAL SOUND DESIGN GROUP PROPRIETARY LIMITED.

7. GST

Unless expressly stated otherwise, all prices displayed on the Website are inclusive of Goods and Services Tax (GST).

8. Confidentiality

MusicBrief agrees that it will not disclose, or authorise the disclosure of, the terms of this Agreement, any matter relating to any of the terms of this Agreement or any other confidential information relating to your operations or business or your clients to any other person, except to its professional advisors in confidence, or as it may be required to do so by law.

You acknowledge that the identity and personal details of the Composers will not be published on the Website nor disclosed to you until the Fee is paid.

9. Limitation of liability

MusicBrief does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However MusicBrief does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Website which may be excluded under law, custom or statute.

To the maximum extent permitted by law, MusicBrief’s liability in respect of any goods or services purchased from or through the Website which cannot be excluded or restricted is limited to the lesser of :
(i) the replacement of any good or service purchased; and
(ii) a refund of the purchase price paid by you to MusicBrief for that good or service.