Profile creation agreement
By creating profile with Panda Voiceover you sign for an agreement. (this “agreement”), is valid from the date you join the voiceover hub. The validity is between you (the “voice actor”) 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 Voice actor needs to create profile & provide digital goods & services for Panda Voiceover, and Panda Voiceover provides those Digital goods & services for its clients.
By creating profile 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.
“Client” means any individual or business entity that requires Panda Voiceover to provide a Digital Goods & services on its behalf.
“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.
Section 2.1 The voice actor agrees on the term on condition available at http://pandavoiceover.com/terms-and-conditions.html
The voice actor read and bound by this agreement, and the account creation agreement available at https://www.pandavoiceover.com/account-creation-agreement.html
Section 3.1 Orders. Panda Voiceover can submit one or more order to the Voice Actor. After the orders submission, the Voice Actor is responsible to deliver the order to Panda Voiceover on or before the Turn Around Date.
Section 3.2 Licensed Authorization. Voice actor shall not send, submit any Digital Good that includes any material created or own by any third party unless he/she obtains a license. Such material in this agreement will be referred to as “Licensed Authorization”
Section 3.2 Evaluation and acceptance. After the delivery of the digital good and services, Panda Voiceover 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 Evaluation and Acceptance. Panda Voiceover may accept or reject any Digital Good delivered to Panda Voiceover. (Read section 3.4)
Section 3.4 Rejection. 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 good 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 voice actor with the reason. However, the following shall result in order rejection by panda voiceover:
1. The turn around date has passed.
2. The file is not a high quality recording.
3. The recording doesn’t match what the user provides in the guidelines.
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. Panda Voiceover and the user permits the voice actor to use the material with non-exclusive permission as needed to create the Digital Good defined in a corresponding Order and guideline.
Section 4.2 Digital good and service. Upon delivery of the digital good and service and once the full payment has been made, the user will have the ownership of the digital good. 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 Transfer of Digital Good. Voice actor may transfer all right, and title of the accepted digital goods and services to the User and Panda Voiceover.
Section 4.4 Authorization of other materials. The voice actor allows Panda Voiceover a fully-paid, non-exclusive, worldwide authorization and its third party contactors to use the submitted materials in order to produce, distribute, or publicly display the material in its digital goods and services. Including, and not limited to, profile information, comments, and demonstration material.
Section 4.5 Guarantee. The voice actor guarantees that he/she is the creator and the owner of all the submitted Digital Goods & Services. Except for the “Licensed Authorization” such as bought background music from a third party. And that, Panda Voiceover and it’s user may use, distribute the submitted Digital Goods & Services including the Licensed Portion with no infringement for any third party.
Fees and Payments
Section 5.1 Payment. Voice actor may require Panda Voiceover for payment once the Order is accepted. (Read section 3.3)
Section 5.2 Fees & Pricing. The Voice actor may choose his/her own price along with his/her turnaround time. Panda Voiceover have the right to add on the voice actor’s original price. The amount added is decided by Panda Voiceover & it will be based on what covers it’s operation costs. In most cases it’s estimated to be +20% of the original price.
Section 6.1"Confidential Information". Means any information disclosed by Panda Voiceover to the Voice actor 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 Voice Actor shall not use Confidential Information, and shall treat as confidential for all of the Disclosing party’s Confidential Information. Voice Actor shall prevent the disclosure of any confidential information to any third party, unless the other person, party, or persons have signed the nondisclosure agreement.
Voice actors shall insure Panda Voiceover from and against all loss & damage, and expenses including lawyer’s fees in case of any arising out of Voice actor’s law breaking action or in case of any infringement with a third party. Voice actor shall be responsible and pay for any damages, claims, demands, or suits. Voice actor may not claim against Panda Voiceover as if (including but not limited to) Panda Voiceover is the voice actor’s employer or as a talent agent.
TERM AND TERMINATION
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.
Section 9.1 Independent Contractors. Panda Voiceover is an independent contractor. Therefore;
No Party has the authority to direct the activity of the other.
Treat the Parties as partners, joint ventures, co-owners.
Allow either Party to make any obligation on behalf of the other party.
Section 9.2 Panda & Voice actor relationship. The relationship between Panda Voiceover and Voice actor
Panda Voiceover is not the voice actor’s employer nor talent agency. Panda Voiceover in an intermediate company to facilitate and serve the voiceover industry.
Based on this agreement Panda Voiceover is not entitled to:
Introduce the voice actor to the user/client.
Have the authority to novitiate prices on behalf of the voice actor.
Section 9.3 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.
Section 9.4 Assignment. No rights duties delegation may be assigned by voice actor 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.