ACCOUNT CREATION AGREEMENT
By creating account with Panda Voiceover you sign for an agreement. (this “agreement”), is valid from the date you click “I accept” button. The validity is between you (the “user”) and Panda Voiceover which is a registered establishment in Dubai.
Panda Voiceover is an audio recording distribution corporate specialized in distributing digital goods & services.
The user needs to create account in order to obtain digital goods & services from Panda Voiceover.
By creating the account both parties are committed to the followings:
“Digital Goods & Services” means the goods that can be delivered which include, but not limited to, audio files, documents, videos, illustrations, graphics.
“Turn Around Date” means the expected delivery date of the digital goods and services to the customer.
“Order” means an order that is submitted through Panda Voiceover website or email.
“Guideline” Information provided by the user to the voiceover which guides him/her and will be used as performance indicator for the success of the job. In case there is no guideline then Panda Voiceover is obliged to guide the voiceover and the user shall not reject the file or complain about the performance.
“reference file” a reference file that works as a guidance for the voiceover performance. It can work as guideline or can be provided within the guideline. Absence of guideline and reference file means that Panda Voiceover is obliged to guide the voiceover and the user shall not reject the file or complain about the performance.
1.each user has one account
2. provide right information and complete all the required fields.
3. update the information in case it changes
4. limiting the access to the user’s and not sharing user’s password.
5. inform panda voiceover in case of any suspicious security breaks of the account or the password.
6. hold the accountability for all damages ,whether it’s direct or indirect, and the responsibility for all activity taking place on the website that can be linked to User’s username and password.
Digital Goods & Services
Section 3.1 Orders. User can submit one or more order to panda voiceover. After the orders submission, panda voiceover is responsible to deliver the order to the User on or before the Turn Around Date.
Section 3.2 Evaluation and acceptance. After the delivery of the digital goods and services, the user review the services offered. The user has five days after the delivery date to accept the file or reject, otherwise it will be marked as accepted. The evaluation shall be based on guidance lines provided by the user or a reference file. Otherwise, panda voiceover will direct the voiceover and evaluation can’t be with no guideline or reference file.
Section 3.3 Rejection. (by the user)
The user may reject the file for one of the following reasons:
1. The digital goods and services are not as in description. By “as in description” we mean. The user provides a guide line or reference file, and the voiceover didn’t follow it. Or the voiceover is not the same the agreed one.
2. The turn around date has passed.
Upon rejection, the following apply:
the user shall not pay, and the 50% in advance payment shall be refunded by panda voiceover.
User shall not use, copy, or distribute the digital goods and services for any reason.
User shall delete the rejected digital goods and services.
Section 3.4 Order Rejection. (by panda voiceover).
Panda voiceover has the right not to accept any orders and we will inform the user with the reason. However, the following shall result in order rejection by panda voiceover:
1. The context of the script contains religious, political, or swearing words.
Section 4.1 User Materials.
The user holds the ownership of all the materials submitted to panda voiceover, such as the script submitted for the digital order and services. The user permits Panda Voiceover to use the submitted materials in order to produce, distribute, or publicly display the material in its digital goods and services.
Section 4.2 Digital goods and services
Upon delivery of the digital goods and services and once the full payment has been made, the user will have the ownership of the digital goods. The user permits Panda Voiceover to use the submitted materials in order to produce, distribute, or publicly display the material in its digital goods and services.
Section 4.3 Hosting and holding orders
Upon acceptance of this agreement, Panda Voiceover may host the user’s digital goods and services orders but not responsible for any hosting failure.
PAYMENT, FEES, & PRICING TERMS
Section 5.1 Payment mechanisms. Panda Voiceover have the right to invoice and charge the user for fees based on the order. The user shall pay 50% in advance and receive the digital goods and services with a protection noise file in the background. Upon acceptance, the user shall submit the final payment and receive the final digital goods and services. Otherwise, the user might reject the order. Refer to Section 3.3 Rejection.
Section 6.1 General Definition. "Confidential Information" means any information disclosed by one Party (the "Disclosing Party") to the other (the "Receiving Party") pursuant to this Agreement that is marked "Confidential," or should otherwise be known to be confidential.
Section 6.2 Obligation. For all Confidential Information under this Agreement, the Receiving party shall not use Confidential Information, and shall treat as confidential for all of the Disclosing party’s Confidential Information. The Receiving party shall prevent the disclosure of any confidential information to any third party, unless the other person, party, or persons have signed the nondisclosure agreement.
TERM AND TERMINATION
Part 7.1 Term. The Agreement start from the date agreed on it and will be valid until it’s terminated according to the previsions of this Part8.
This Agreement may be terminated upon written notice by the user at any time as long as there is no pending Order or Payment. Panda Voiceover may terminate this agreement upon written notice at any time.
Part 8.1 Independent Contractors. Panda Voiceover is an independent contractor. Therefore;
No Party has the authority to direct the activity of the other.
Will not treat the Parties as partners, joint ventures, co-owners.
Allow either Party to make any obligation on behalf of the other party.
Part 8.2 Non-Solicitation.
All individuals whose voices are heard on Panda Voiceover website are considered as Digital Goods and asset to Panda Voiceover. User shall acknowledge that he/she will not employ or contract with any identified individual to User. In case of any breaking of this term, the user shall pay Panda Voiceover an amount of 100,000 AED (Emirati Dirham) for such term breaking as an estimated amount of damage to Panda Voiceover.
Part 8.3 Governing Law; Dispute Resolution. This Agreement is made under and will be governed by and construed in accordance with the laws of the government of Dubai, UAE. This agreement may be translated into other language. In case of any dispute, the English agreement will be the one to refer to.
Part 8.4 Infringement. In case of any Infringement of any Digital Good, or any information from the site which include but not limited to, logo, graphic, name. The user holds the full responsibility of this Infringement and the law will govern.
Part 8.5 Assignment. No rights duties delegation may be assigned by user under this Agreement either in whole or in part. Any attempted assignment or delegation will be invalid without a prior written agreement from Panda Voiceover.