TERMS OF BUSINESS

General

These terms of business (Terms of Business) apply to the work Record My Story (‘we’ or ‘us’ as the context requires) performs for you (the Services) as soon as we start acting on your instructions, regardless of whether or not you have signed any Work Order.[JS1]
Section headings are for ease of reference only and do not affect the interpretation of these Terms of Business.
The Terms of Business may be accessed via our website and are strictly subject to our Website Terms of Use www.recordmystory.co.uk

Age and Geographic Eligibility

Our Services are provided only to persons who are at least 18 years old and based in the United Kingdom. Our service area predominantly covers Hampshire, Dorset, and parts of Sussex.
Bookings taken outside the above areas may incur a higher fee, which will be clearly stated at the time of making your booking and before payment is taken. If you do not meet the eligibility criteria, Record My Story may refuse or terminate your booking and refund any monies paid provided that no Services have yet been provided to you.

Order (‘Work Order’) Confirmation and Acceptance

A Work Order is accepted only once you have agreed to these Terms of Business and received an Order Confirmation Email from Record My Story. You are responsible for the accuracy of all information provided. Errors may be corrected by contacting us before the order is accepted.
The Work Order sets out the scope of our services which generally includes: (i) a discovery call to discuss your story and session objectives; (ii) a recording session with guidance to optimise your experience; (iii) and post-recording editing and delivery of your final audio file, all subject to the specific deliverables identified in your Work Order.
Our services and work product are provided solely for your benefit and relate only to the matters in the Work Order.

Safety and Recording Interruption

If, during the recording, it appears that you or another person may be in danger, Record My Story reserves the right to:

Contact the appropriate authorities.
Cease recording immediately.
Refund any monies paid, at our discretion.

Fees and Expenses

Our fees are set out in the Work Order and are pre-payable in advance of our commencing work or providing any Services to you.
We may also charge and you agree to pay for expenses as particularised in the Work Order.
Sessions must be booked and completed within 12 months of purchase. After this period, the service expires and no refund will be available.
If we are unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount.

Privacy and Data

How we use any personal data you give us is set out in our Privacy Policy [link] and you consent to us processing such personal data as is required in order to provide the Services.
Third parties may be engaged for post-recording editing. All such parties will comply with Record My Story’s Privacy Policy.

Recording Consent and Content Guidelines and Responsibility

You consent to having your voice recorded and to sharing personal information, including stories, anecdotes, and memories about friends, extended family, and colleagues.
You are solely responsible for the content of your recording, including any statements, accusations, or sensitive information concerning other persons. The content is for personal entertainment purposes only and shall not be used as evidence in any legal or regulatory proceedings. Record My Story accepts no liability for claims arising from your recording’s content or from any such use.
While a positive tone is encouraged, any persons referred to in a derogatory manner must not be named or identifiable. It is a fundamental term of our engagement with you that a recording shall not contain derogatory content about any natural or legal person (i.e. including a business). In the event that you require that such content be included in the final edit, Record My Story reserves the right to regard such a requirement as unreasonable and may (i) stop the recording; (ii) require amendments(ii) or otherwise terminate the Services. In such circumstances a refund will not be offered.[JS2]

Edits and Re-recording

If you are not satisfied with the Service, Record My Story will offer further edits.
In exceptional circumstances and at our discretion, a free re-recording may be provided.

G. Rescheduling and Cancellations

Sessions may be rescheduled up to 48 hours in advance without incurring a further fee.
Requests made within 48 hours may incur a £50 rescheduling fee to cover administrative and scheduling costs.
If Record My Story cancels your session (save in the circumstances otherwise set out in these Terms of Business), you will be offered a full refund or alternative date(s).

Right to Cancel

Save as set out in paragraph G above, you may cancel your booking within 14 days of order confirmation, unless the Service has already commenced.
Where performance of the Services (including the discovery call or recording session) begins within the 14-day cancellation period with your express agreement, you acknowledge that you may lose your right to cancel for the part of the Services already performed. To cancel, contact Record My Story at tim@recordmystory.co.uk Refunds will generally be processed within 14 days.

Termination by Record My Story

We may terminate your contract and refuse to provide the Services if you fail to provide necessary information, cooperation, or access within a reasonable time to allow us to perform the Services.
In such circumstances any refund is entirely at our discretion.

Delivery Timeframe

Record My Story will aim to deliver your edited audio within 2 weeks of your recording session. Delivery dates are approximate and may vary due to circumstances beyond our control.
If delivery is expected to be beyond this timeframe, we will keep you informed of the revised delivery date via email or telephone.

Delays Outside Our Control

Record My Story is not liable for delays resulting from circumstances beyond our reasonable control, such as (but not limited to) illness, technical failures, or internet outages. For these purposes, a “substantial delay” means a delay exceeding 4 weeks beyond the estimated delivery date.
If a substantial delay occurs, we will offer either a full refund or an alternative delivery date. Where a refund is requested, the final product (i.e. recording) shall not then be provided to you.

Suspension or Withdrawal of Services

Record My Story may temporarily suspend or permanently withdraw Services for reasons including technical issues, legal or regulatory requirements, or changes to the Services.
Where Services are withdrawn, you will receive reasonable notice and a refund for any Services not yet provided.

Intellectual Property and Use

You retain ownership of the content you provide.
Record My Story may use short audio snippets for marketing purposes only with your specific prior written consent for each use. In any such use, you will remain anonymous and will not be identified by name or other direct identifier unless you expressly agree otherwise in writing.
Record My Story retains ownership of all editing, production, and service-related intellectual property.
The recording is provided for personal entertainment purposes only and is not intended, nor shall it be used, as evidence in any legal or regulatory proceedings. Record My Story accepts no liability arising from any such use.
You may use your recording for personal, non-commercial purposes. You are responsible for any third-party claims arising from your sharing or publication of the recording. The right to use your recording is perpetual and survives deletion of our copies.

Our responsibility for loss or damage suffered by you

Record My Story is liable only for direct losses caused by a breach of contract on our part and is not liable for any loss or damage that was not reasonably foreseeable at the time you booked the Services, or for losses that:

Result from a delay outside our control.
Could have been avoided by you taking reasonable action.
Relate to business or trade use.

We shall have no liability to you for any loss of profit/business, business interruption, or loss of business opportunity arising out of the performance of our Services provided always that we do not exclude or limit in any way our liability to you where it would be unlawful to do so (e.g. liability for death/personal injury caused by our negligence or fraud or fraudulent misrepresentation).

Transfer and Assignment

Record My Story may transfer this contract to another organisation, with written notice.
If you are unhappy with such transfer, you may cancel your contract within 14 days of receiving notice and receive a refund for Services not provided.
You may not transfer your rights under these Terms of Business or the contract arising under a Work Order to another person without Record My Story’s consent.
No person who is not a party to this contract may enforce any term of this contract under the Contracts (Rights of Third Parties) Act 1999.

Severability

If any provision of these is held to be unlawful or unenforceable, such unreasonableness or unenforceability shall not affect the remaining provisions of these which shall remain in full force and effect.

Which country's laws apply to a dispute

These Terms of Business, their subject matter and their formation, are governed by English law.
The courts of England and Wales will have exclusive jurisdiction.