Terms and Conditions of using the Voice Fairy website

Version 3.3 Dated 2/06/2023

This Web site is operated by VoxXpress Ltd, 6 Newmans Court, Farnham, Surrey GU9 0SJ (the “Organisation”).

Any user of the Organisation’s Web sites, Voxxpress.com and Voicefairy.com, accepts unreservedly, by using the site, the terms and conditions for its use that are set out here. These terms include the legal jurisdiction within which any legal issues arising from the operation of the site may be addressed. Any person who does not wish to accept these terms and conditions or who knows, or ought to know, of any reason why these terms and conditions might not be capable of applying to their purposes, is not authorised to use this site. These terms apply to each and every visit that a user may make to this site.

Security

In order to ensure that this Web site remains available to all users, the Organisation may monitor network traffic to identify unauthorised attempts to upload or change information or to otherwise cause damage to the site. Anyone using this site expressly consents to such monitoring.

Unauthorised attempts to modify, alter, deface, destroy or corrupt any information stored on this site or this system, to defeat or circumvent any security features, to probe, scan or test for vulnerabilities, to breach security or authentication measures, to forge TCP/IP headers, to install or attempt to install unauthorised software, to mount Denial of Service attacks or to utilise this system for other than its intended purposes are expressly prohibited and may result in criminal prosecution.

Any possible criminal activity will be reported, together with any evidence which may be gathered, to the appropriate authorities.

Disclaimer of Liability

Every effort is made to provide useful, accurate and complete information. However, we cannot guarantee that there are no errors. The Organisation makes no claims, promises or guarantees about the accuracy, completeness, usefulness or adequacy of the contents of this site and expressly disclaims liability of any sort for errors and omissions in the contents of this site.

Neither the Organisation, nor its employees, associates nor contractors make any warranty, expressed, implied or statutory, including, but not limited to, any warranty that third party rights or title have not been infringed, or any warranty of merchantability or fitness for any particular purpose.

No warranty of any sort is made with respect to the content of third party sites that have links from this site and all liability of every sort is expressly disclaimed.

The Organisation is not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with any use of the information or services available on this site.

Disclaimer of Endorsement

This site, and documents posted on it, may contain hypertext links or pointers to information created and maintained by other public and private Organisations. The Organisation does not guarantee the accuracy, relevance, usefulness, timeliness, or completeness of any linked information.

The inclusion of links or pointers to other sites is not intended to assign importance to those sites and the information contained in them, nor is it intended to endorse, recommend, or favour any views expressed, or commercial products or services offered on those sites, or the Organisations sponsoring the sites, by trade name, trademark, manufacture, or otherwise.

Reference on this site to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the site’s visitors, and does not constitute endorsement, recommendation, or favouring by the Organisation.

The views expressed by any individual within the Web forum are the views of that individual only and do not reflect or represent in any way the views of the Organisation.

Copyright

All content on this site, and all content of any documents or audio files provided to visitors or clients (in, for instance, newsletters) is the property of the Organisation, unless stated otherwise.

No user may copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, display, or in any way exploit any of the content, in whole or in part, except with the express written agreement of the Organisation.

Free services

The Organisation provides a number of free services from its site, such as newsletters, white papers, etc. There is no contract with the Organisation for any free service, so no user can become a client by using any free service and the Organisation is not liable to any user in any way resulting from use of any free service.

Products and services purchased from the Organisation

The Organisation makes no representation and gives no warranty with respect to any of the products or services provided by the Organisation. It does not suggest any product or service is suitable for any particular use.

Documents may include technical inaccuracies or typographical errors.

Severability

If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No Waiver

No waiver by the Organisation, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

Governing Law

These terms shall be governed by and construed in accordance with the laws of England and the user explicitly accepts that only the law courts of England have jurisdiction to deal with any matter arising from or in any way, whether directly or indirectly, related the use of this Website and, accordingly, the user explicitly waives all and any rights to bring any action of any sort in relation to this Web site in any court anywhere else in the world.

VoxXpress User Agreement

VoxXpress aim to be the best online voiceover service in the world and our intention is to exceed customer expectations. However to be one of our customers we ask that you agree to the following terms:

• Session booking fees are refunded only when we are unable to organise an appointment.
• Once a VoxXpress session has been confirmed, the client will be liable for the session fee even if they fail to dial in to direct the session.
• Should the session last longer than session time booked, the client may be liable to pay for the additional time before download of the final audio file is permitted.
• Should a dispute occur between the artist and client over any aspect of the session, they will be invited to settle the disagreement directly using the Voxmail chat messaging system. Should this prove to be unsuccessful, the situation will be investigated by VoxXpress who will review all the the information available. They will then make a judgement which the user agrees to abide by.
• The user agrees to fully disclose the voiceover use so that VoxXpress can charge the appropriate fees. This involves selecting the correct ‘project type’ and giving information in the project summary section of the project details screen.
• The client agrees to exclusively contact the artist through the telephone numbers provided by VoxXpress and the VoxMail chat messaging system on the site. The client further agrees to not provide the artist with any contact details such as email addresses or telephone numbers to contact the client outside of the VoxXpress service.
• The client agrees to the voiceover session telephone call or conference session being recorded for the purposes of arbitration should a dispute arise.
• Clients have ten working days from the point of download of the full quality voiceover file to report any issues or request changes. If the client does not report and issue within this time, they are assumed to be satisfied with the product.
• Any issues or changes should be communicated to the artist using VoxMail. It is up to the artist to decide whether any changes or re-recording is chargeable on top of the original fee.
• Should a client and artist not be able to come to an agreement, the issue can be escalated and VoxXpress will arbitrate.
• Unless otherwise specified, it is assumed the client is happy for part or all of the material supplied by the artist can be used on the site as part of the artist’s portfolio.

VoxXpress Artist Agreement

We at VoxXpress aim to be as fair as possible to both artists and clients and for this reason we ask that artists agree to the following terms:

• Artist payments are added to their account and paid on a monthly basis.
• The artist agrees not to invoice VoxXpress for work completed but to use the ‘Self Billed Invoice’ supplied by VoxXpress when payment is made for their accounting records.
• The artist agrees to be truthful about their VAT status when accepting a payment from the service.
• Artists are paid the advertised fee less an agreed percentage detailed on the artist control panel.
• Should a project be incorrectly categorised by the client, the artist must notify VoxXpress Limited before they upload the voiceover files to the site. After this point VoxXpress will be unable to chase the client for the correct fee. Failure to notify us at this point will result in the fee associated with the incorrect categorisation being paid to VoxXpress and hence paid to the artist. In this instance VoxXpress cannot be held liable for any shortfall.
• Payments made into non UK bank accounts attract an additional £30 fee which will be deducted from the artist’s payment.
• Payments made to directly to non UK Paypal accounts attract an additional fee of 5% which will be deducted from the artist’s payment.
• Should a dispute occur between a client and an artist, VoxXpress will review the session recording, the voiceover file, the communications between both parties and any other relevant evidence and make a judgement as to whether the artist is at fault. Should that be the case and VoxXpress Limited decide to give the client a partial or full refund, the artist’s fee will be modified to reflect this.
• VoxXpress will monitor artist performance and feedback ratings they obtain from customers.
• VoxXpress reserves the right to remove any artist from its listings without giving a reason.
• An artist’s position in search result listings is determined by a number of factors including their availability in the near future, their broadband connection, the accuracy of their availability page in the past and their feedback rating.
• Payment for a voiceover session is only released to the artist’s account once the customer has confirmed they are satisfied with the recording or a period of 10 working days has passed, which ever is sooner.
• In the unlikely event a session occurs but the client does not then download the resulting file and pay the session fee, VoxXpress will take steps to chase that money. However should they be unsuccessful, artists agree to not hold VoxXpress Limited liable for that fee.
• If a client has a technical complaint regarding a voiceover file and VoxXpress agrees that complaint is valid, the artist agrees to do everything to resolve the situation in a timely manor. Should this not be possible, the artist agrees to waive their fee as the session is not useable.
• Artists will not contact the client via any other means than the numbers provided by VoxXpress and the site’s VoxMail messaging service.
• Artists agree not to discuss fees or organise direct payment with clients.
• Artists agree to only upload voiceover files to their dashboard, or in certain circumstances, send files to VoxXpress ([email protected]). They agree never to send files directly to the client.
• Sessions will always be recorded locally on an artist’s recording equipment and then uploaded to the VoxXpress site for download by the client. Artists will not use technology such as ISDN to allow the client to record a performance on their own equipment without prior arrangement from VoxXpress.
• Artists agree not to work for clients directly or through another agent after being introduced through the site.
• Artists shall not upload inappropriate material to their profile listings including, but not exclusively, images that are not pictures of them, descriptions containing profanity or inaccurate or irrelevant information.
• Artists agree not to put any contact information or their surname into their profile listings or any communication with the client such as VoxMails to avoid the possibility of clients contacting them outside of VoxXpress.
• Artists must have copyright for clips uploaded to their profile pages and these clips should be exclusively of them. Any music or other audio requiring copyright must be cleared by the artist.
• Artists agree to use the VoxXpress conferencing system via landline or web connection when required.
• Artists must have the capability to take direction over the telephone whilst recording locally in their studios.
• Artists must endeavour to keep their availability page up to date. Should a job be offered that is on a time slot an artist has defined as available and the artist turns it down, this may have a detrimental effect on their search listings.
• Should a successful credit card chargeback be made against VoxXpress related to a session, VoxXpress will take steps to fight that ruling. However should they be unsuccessful, artists agree to refund VoxXpress Limited the fee received for that recording.
• Artists agree to keep any scripts sent to them confidential. They further agree to delete these scripts from their system once a job has been completed.
• The artist agrees to allow the voiceover session telephone call or web session to be recorded for the purposes of arbitration should a dispute arise.
• Should a booking be made in a currency other than the one you define your rates in, you will be offered the job based on the current exchange rate. Should this rate change between the point of booking and the point at which the client pays, your payment will reflect the change in exchange rate, meaning you may receive more or less than the original stated fee in your currency.
• Artists agree that VoxXpress may present their profiles for the purposes of getting voiceover work on any of their websites including but not exclusively VoxXpress.com and Voicefairy.com.
• Failing to adhere to VoxXpress’s terms and conditions could result in legal action and expulsion from the site.

Referral Programme

• The referral programme is open to both artists and clients.
• Users receive a £5 referral for any non-discounted booking made by a qualifying referral account.
• A referral account is one that has been opened using the personalised link found in the referrer’s ‘Referral’ tab in their profile section.
• The new user who utilised the referral link will receive a one off £10 site credit.
• The referral programme can be terminated at any time without notice.
•  Referrals cannot be credited retrospectively.
• Users cannot refer themselves or other individuals in the same organisation.
• A minimum of £20 has to be accrued before referral credit can be paid or transferred as site credit.
• VoxXpress cannot be held liable for any referral credit that has not been registered due to a referral account not being correctly linked to a referrer’s account.
• Site credit earned by opening a new account can only be used on the site and not converted into money.
• VoxXpress reserves the right to bar any user it feels is abusing the referral system and wipe their referral and / or site credit.