Terms of Trade
Production of podcasts are subject to the following terms:
The parties shall treat all knowledge of the others intentions, production methods and business organisation as confidential and shall not, at any time, divulge such information without the written consent of the other. Specifically, parties will not divulge any information relating to or arising from the work carried out in relation to it unless or until such information lawfully comes into the public domain.
DustPod shall prepare record and produce a series of podcasts under the instructions of the Client and to the specification and schedule described in the Order Sheet or subsequent invoices. The Period of Service stated on Invoice may be extended to a maximum three-month overrun.
Client may exercise editorial control at the following stages of production:
- Initial setup including podcast ethos, message, format, naming, presenter
- Preparation including guest choice, questions, script
- Changes requested during or at the immediate end of a recording
- If specified a transcription can be supplied for post-recording edit decisions
Changes after recording are charged at DustPod hourly rate. Recordings cancelled within 48 hours of scheduled recording are charged a cancellation fee equal to one hour of hourly rate. Up to eight hours production time is allowed for each podcast episode. Additional hours are charged at hourly rate. DustPod hourly rate is €185.00 +VAT
Copyright in the delivered Podcast shall rest with Client. Any musical cues or IDs included in the podcast are copy cleared for use within the delivered podcast only. Any other use of music cues or IDs is not permitted. Unless specified all other copyright or intellectual property rights including formats titles individual elements or ideas shall remain with DustPod.
On conclusion of podcast production DustPod shall continue to host the published Podcast files on its servers until the end of the prevailing calendar year. On January 1st of subsequent years an annual fee of €250 shall apply for continued hosting. Alternatively, Client may move published Podcast files to its own server and DustPod shall make available all relevant RSS feeds, media files and metadata to facilitate the move.
Fee(s) fall due within 30 days of invoice date unless otherwise specified and are exclusive of VAT at the prevailing rate. Overdue invoices may be subject to 1% above prevailing Bank of Ireland interest rate. Invoices outstanding after 90 days will be surrendered to a Credit Control company for collection of monies. Client will be responsible for any liabilities including without limitation legal costs incurred in recovering money owed.
These Terms and Conditions shall be governed by Irish Law and the Courts of Law of the Republic of Ireland shall have jurisdiction to entertain any action in respect hereof or any case stated by the Arbitrator. The failure of any party to enforce its rights under these Terms and Conditions at any time for any period shall not be construed as a general waiver of such rights. If any provision or part of any provision of these Terms & Conditions are found by a court or other competent authority to be void or unenforceable, such provision or part of a provision shall be deleted from these Terms and Conditions and the remaining provisions or parts of the provision shall continue to full force and effect.
Effective 01 January 2023