Terms and Conditions for DirectVoices.com®By signing up at DirectVoices®, you agree to be bound by our terms and conditions. Please read them carefully, including the limitations contained in this agreement. 1. General Presentation of Services
DirectVoices® is an open, international, online trading platform in which voice talents have the capacity to supply, in real-time, a variety of professional voice-over (VO) recording services to potential clients, or voice seekers, which hereinafter will be referred to as contractors.
Under voice talents, we include voice artists who can deliver a professional reading of scripts and can record their voice providing industry standard audio quality.
Under contractors, we include recording studios, radio and TV stations, advertising companies, agencies as well as audio and video producers.Voice Talents
Registered voice talents will have a number of tools to promote their voicing services to contractors at their disposal on this online trading platform. Voicing services from registered voice artists may include the recording of commercials, e-learning courses, corporate presentations, audio books, IVR phone messages, tutorials, GPS navigation systems, video games, radio and TV ads and presentations as well as all kinds of narrations and character dubbings.DirectVoices®
provides voice talents three different paid membership plans (basic, pro and premium) through which they can create a business profile(i.e. an active online voice-over shop or trading platform addressing the voice-over needs of contractors). The registered talent should publish all relevant commercial information along with contact details, professional experience, references and technical capacity (microphones, preamps, sound card, soundproof home studio, etc.). Using the premium plan, the talent is able to publish the rates they charges per VO service (i.e. audio minutes or script words) and indicate if their VO services are available at a specific time using the online feature. DirectVoices® endeavors to enhance the trading platform with a number of tools that will allow the voice talent to better sell their services to contractors.DirectVoices®
also strives to provide professional advice to the registered voice talent on how to improve and optimize their online presence with the purpose of attaining voice-over jobs.DirectVoices®
actively promotes the voicing services from registered talents through its network of partnerships with audio-visual contractors. By applying several online marketing and communication strategies, the commercial team from DirectVoices® also advertises its pool of talents to a global target audience of contractors and orchestrates regular advertisement campaigns on Internet browsers, websites, magazines and social media.
In exchange for the online trading platform and the active promotion of their VO services, the voice artist is charged a predetermined yearly fee by DirectVoices® according to the membership plan that has been purchased among three options available: basic, pro and premium.Contractors
Contractors can hire voice talents directly without any intervention from DirectVoices® or third parties. They can use the trading platform completely free of charge without paying any commission or fee.
By registering, a voice seeker legitimizes itself as a contractor by supplying his identity, company details and full contact information. Once registered, the voice seeker can select the talents by listening to their online samples and reading about their references and experience. To order a voice-over service from a selected talent, the contractor should connect with the voice talent either through a live chat, e-mail or phone call. The contractor can then negotiate both the price and conditions of the required voicing service, including delivery date, technical and artistic requirements as well as payment terms.
The contractor will pay the chosen talents the agreed price without intervention from DirectVoices®. Payment for the voice-over service is done directly to full benefit of the artist. No commission or fee will be paid in the transaction either by the voice talent or the contractor.
2. Fees for Voice Talents
As a membership site, DirectVoices®
will charge voice-talents a yearly non-refundable fee depending on the chosen plan.
Basic Plan: Free
Pro Plan: $50
Premium Plan: $100
For details on the services provided under each plan, please refer to the subscription page.
All fees are paid upon subscription of the plan using PayPal. Therefore, the subscriber should have an operational account with that online payment service. The yearly subscription fee will be automatically billed and charged by DirectVoices® at the expiration date of the contract unless the voice talent cancels the service in advance either using the PayPal cancellation form or by notifying DirectVoices® staff by e-mail (email@example.com
3. Application of Terms and Conditions
These terms and conditions shall apply in every transaction DirectVoices® undertakes with voice talents, contractors and third parties. The site is not responsible for the contents published by the voice talents or the information provided by contractors. Also, the site cannot be made liable for uncompleted services or any conflict between the voice talent and the contractor. The contractual agreement concluded between the two parties will not engage DirectVoices® in any case. Any disagreement should be solved between both parties. The use of this membership site constitutes acceptance of DirectVoices® terms and conditions. 4. Registration
To access and use the online selling platform, voice talents should register with DirectVoices® and purchase one of the three plans available: basic, pro or premium. A voice talent will be allowed to use the site after approving DirectVoices® terms and conditions. Only proven professional voice talents with access to recording facilities are eligible. DirectVoices® can inquire into the candidate's professional services and background and may refuse his or her registration if their offer doesn't reach a professional standard both as a voice artist and as recording studio. Membership to DirectVoices® is effective after full payment of the chosen plan. It will be automatically renewed after one year unless the voice talent expresses their wish to cancel the subscription.Contractors
The voice artist should carefully supervise and regularly update their profile or VOshop on DirectVoices®. The talent should apply this due diligence regarding the uploaded information and samples. The talent shall be held liable if the information he submits or communicates is incorrect, false or misleading. Promotional texts, contact information, photos, videos and samples should not violate any third party rights. The voice artist shall be held exclusively liable in cases of copyright violation.
DirectVoices® reserves the right to check all data from its subscribers to ascertain the professionalism and authenticity of the services offered. DirectVoices® can suspend a subscriber account in a case of unprofessional behavior and services, illegal conduct or recurrent reclamations from contractors.
DirectVoices® will provide the necessary tools to allow voice talents to market their voicing services in the most effective way possible. The site will allow and encourage the talent to communicate with a contractor directly through chat or e-mail in order to negotiate and land a voice-over job. In order to prevent spam or fraud, DirectVoices® can monitor a transaction between a voice talent and a contractor. DirectVoices® can delete a subscriber account in cases of infringement of the current terms and conditions or in cases of law violation.
The use of DirectVoices® for purposes other than the presentation, promotion and selling of voice-over services to contractors is considered as an infringement of the current terms and conditions.
Sales of other products or services are prohibited and will be legally prosecuted. Such an infringement will result in an immediate account suspension.Contractors
To be able to hire voice talents, contractors should provide the required information when they sign up at DirectVoices® as voice seekers. They shall be held liable if the information they communicate is incorrect, false or misleading. DirectVoices® reserves the right to examine the account from any contractor in order to determine the suspension of his subscription.
To prevent spam or fraud, DirectVoices® can monitor a transaction between a voice talent and a contractor. DirectVoices® can delete the contractor account in cases of infringement of the current terms and conditions or in the event of law violation.
The use of DirectVoices® for purposes other than the purchase of voice-over services from voice artists is considered as an infringement of the current terms and conditions. This may result in an immediate suspension of the account as well as legal actions against the infringer.
DirectVoices® is in no way responsible for any illegal action committed by a contractor using the site. Therefore, DirectVoices® will reject any claim from third parties against the voice seeker.6. Customer Support
DirectVoices® will provide support to voice talents in order to help them make the most of the trading platform. This includes troubleshooting, tutorials and information. Our staff can provide assistance through an e-mail ticketing service. Our support does not include customizing the voice talent profile.
7.Money Back Guarantee
DirectVoices® offers voice talents a 30-day money back guarantee starting on the subscription date. We deduct administrative, exchange rate and PayPal costs from the full amount that the subscriber paid when choosing their plan. The voice talent who wishes to apply for this money back guarantee should send an e-mail to firstname.lastname@example.org
explaining the reason for this decision. This feedback allows DirectVoices® to improve the service. No refunds will be given beyond the 30-day money back guarantee.8. Upgrading the Subscription Plan
DirectVoices® allows the voice talent to upgrade their plan at any time. If the upgrade is requested within the first 30 days after subscription date, the voice talent will pay the difference between the new plan and the old one. After 30 days, the full amount of the new plan will be charged, and no refund will be given for the old plan.
Upgrading a subscription plan can be done taking the following steps:1.
Go to Dashboard > Edit Profile.2.
You can select the new plan you wish to subscribe by clicking on the Upgrade (Pro or Premium) tab. 3
. Fill out and upload the new features. 4.
Click"Upgrade my profile."5.
Proceed with payment on the Dashboard page and follow the instructions. 6.
If the transaction was successful, you'll be brought to a thank you page. 9. CancellationVoice Talents
Members may cancel their subscription to DirectVoices® at any given time but at least 10 days before the expiration date of the purchased plan. They can do so by filling out a cancellation form from PayPal or by notifying DirectVoices® staff of their decision through e-mail.
Upon the expiring date of the purchased plan, DirectVoices® will suspend both the publication and advertisement of voice talent data, including their business profile and voice samples. This suspension means putting all information that the voice talent uploaded in our servers when he subscribed the service offline. If the voice talent wishes to stop the publication of both their profile and samples before the expiration date, they can do so by notifying DirectVoices® by e-mail.
Members cannot claim any refund of the subscription fee to Directvoices, even if the cancellation takes place several months before the expiration date. However, data and samples remain as the exclusive property of the subscriber who can opt to erase them from DirectVoices®' database. The subscriber can also keep their data and samples in DirectVoices®' database for a period of one year without incurring any charges or payment to DirectVoices®. This option allows the voice talent to reactivate their profile within the maximum term of one year.10. Disclaimer of warranty
DirectVoices® provides no guarantees regarding transactions agreed upon on this VO trading site between voice-over talents and contractors. Therefore, DirectVoices® cannot be held liable in any way for any losses or damages and will not assume any liability in cases of cancelled orders, unpaid or interrupted services or any other conflict between the parties. In particular, DirectVoices® shall not be held responsible if the voice talent is unable to fulfill the contractor's requirements, complete a voice-over job or meet a deadline.
DirectVoices® shall provide no warranty for incorrect or distorted data provided by voice-over talents or contractors. Likewise, DirectVoices® cannot be held responsible for any data loss or errors that might appear on the site.
DirectVoices® endeavours to ensure a maximum availability of its trading platform using a network of powerful servers, but by no means can it provide a guarantee of uninterrupted service. Therefore, DirectVoices® does not claim any liability for losses resulting from a temporary unavailability.
A recurrent interruption of dysfunction of the service can result in a refund to the voice talent. Any other compensation claim for eventual losses resulting from the interruption of the online service is excluded. 11. Responsibility
DirectVoices® is not obligated or responsible for any damage to the voice talent's or the contractor's property resulting from the use of the site, such as loss of data, inaccurate information on webpages or emails, viruses, intrusions, failed service or other problems that could occur during the online sale process, which includes all activity from the initial contact, the exchange of materials and final delivery of recordings from the voice talent to the contractor. DirectVoices® takes no responsibility for content featured through external links because they are beyond our control.
All content, online services, products and software on this membership site are provided "as is," including faults, without any warranty either expressed or implied. 12. Intellectual Propriety
All of the elements of the DirectVoices® website remain exclusively the intellectual property of DirectVoices®. No one is authorized to reproduce, exploit, rebroadcast or use in any capacity whatsoever, not even partially, the elements contained in the DirectVoices® membership website. The reproduction of audio, video, pictures, designs, trademarks, logos or any proprietary information contained in DirectVoices® website is forbidden.
Permission to use links directing to the DirectVoices® site should be formally requested prior to use.13. Use of Personal Company Data
The voice talent is the sole owner of their personal and professional data. They can disclose that information for commercial purposes either publicly by publishing it on their voice-over selling platform or privately by supplying it to a contractor.
According to the French legislation relating to information and data processing from January 6, 1978, the personal and company information related to the voice talent or the contractor will not be communicated or sold to third parties.
Voice talents and contractors have the right to access and correct any of their data as processed by DirectVoices® in accordance to the law of January 6, 1978.
14. Proof Archiving
DirectVoices® will archive the purchases made by voice talents on this membership site on a reliable and durable support according to the guidelines of article 1348 of the French civil code. The records related to the transaction will be considered proof of the communications.15. Indemnity
By accepting these terms and conditions, the voice talent agrees to indemnify DirectVoices® staff for any expenses, fees, legal action costs, claims or liabilities or any investigations resulting from the violation of these terms and conditions. You also agree not to hold DirectVoices® owners responsible in case of any accusation that the current site violates intellectual property rights or misuses a third party's business information.16. Settlement of Disputes
The French law supersedes the conditions of online sales.
In case of disputes, the courts of the jurisdiction of Lyon will determine liability.These terms and conditions are effective as of May 1, 2013.
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