Terms & Conditions of Use
This Agreement (“Agreement”) entered into and effective as of the date set forth below from the date you the User create an account on the website www.jonomdigital.xyz and click on “I agree” check box by and between:
Jonom Digital a Company incorporated under the Companies Act 2018, with Email : email@example.com
And You the User: contains the terms and conditions under whichJ Jonom Digital agrees to provide You with the services described as Terms & Conditions made available to you on the Website www.jonomdigital.xyz which You expressly confirm that have read and accept it in its integrity.
2. Effective Date
Effective date is the Initial Term the duration of our contractual relationship is initially till the existence of the company, Jonom Digital unless terminated earlier in accordance with these Terms of Service. The Agreement shall renew automatically for additional 12 month periods unless You or We notify to the other the desire not to renew at least fifteen (15) days prior to the expiration of the Term.
3. Service Fees
All prices listed hereunder are including GST and/or any other applicable taxes, levies, or fees required by any applicable law, rule, regulation or governmental body.
Setup Fee- You shall pay an initial amount as mentioned on the website for setup and the required Distribution of your song through the website. This amount is due upon the acceptance of this Service Agreement.
4. General Terms and Conditions
The Jonom Digital services shall be provided in accordance with: The Service Agreement set forth in this document. The Terms of Service which are made available to You in your Account and attached to this Agreement for informational purposes.
Changes to Terms and Conditions: Subject to the User´s right to terminate this Agreement, Jonom Digital reserves the right to make changes to this Services Agreement and the Terms of Service at any time during the Term of which Jonom Digital shall not give the USER notice of any such proposed changes, and the changes shall apply from the date the said changes are made available on the website www.JonomDigital.xyz By continuing to use our services after any changes to this Service Agreement take effect, you agree to be bound by those changes. If you do not agree with any changes, you can terminate the agreement in the terms described in the Terms of Service.
Jonom Digital´s Liability: Jonom Digital´s liability for loss or damage is limited as provided in the Terms of Service.
Non-exclusivity: The USER engages Jonom Digital for the use of the services provided over the Jonom Digital platform on a non-exclusive basis.
Software as a Service – Terms of Service
Please read these Terms of Service very carefully as they constitute a binding agreement between you (in these Terms, the User or You), and us (in these Terms, Jonom Digital, We or Us) and are effective upon the registration on the Platform, available at https://jonomdigital.xyz (hereinafter, the Platform) or the execution of the Service
Agreement. Formally, the provider of the service and responsible of the Jonom Digital platform is Online Music Distribution Company, which is a Company incorporated under the Companies Act, 2014 constituted and existing under the laws of India and you can reach us for any concerns via email at firstname.lastname@example.org . It is important you fill out all the information required in the Setup – General Information section of the platform as this information is an essential part of the contractual relationship between us. We made our Terms of Service as easy to read as possible, but if you have any doubt or query, please contact us by using any of the communication channel described above.
1. Table of contents:
General Conditions of the Services
Description of the Services
Royalties and License Fees
Duration and Termination
Intellectual Property Rights
Quality Control Timing (QCT)
No Refund Policy
Warranty & Limitation of Liability
To facilitate the understanding of these Terms of Service, the following principal expressions shall have these meanings:
“Client/Artist”: that’s You, a music label, distributor, music aggregator or other entity that has a SaaS (Software as a Service) Agreement with Us.
¨User¨: refers to any individual that accesses or makes use of a Digital Music Service.
“ Digital Distribution ”: means the transferring by any means of data transmission or communication, through the internet, internet radio, kiosks, in-store listening posts, mobile, wireless, satellite and similar communication systems, whether now known or existing in the future, of the End User Content in multiple digital formats including but not limited to clips, permanent downloads, subscriptions, streams and timeout- downloads, ring-tones and ring-back tones and any other means.
“ Digital Music Service ”: means any digital outlet, such as music download portals, music and video streaming services, mobile music platforms, digital (and terrestrial) radio stations, digital (and terrestrial) television networks, and mobile networks (each a “ DSPS ”, i.e.:
Apple Music, Spotify, Tidal, Jonom Digital Play, etc.), that enables Customers to purchase and/or listen to End User Content.
“ End User ”: that’s your client (hereinafter, the End User), which is an artist, songwriter, author, producer, agent (including royalty recipients), rights holder or others who are authorized and entitled to exploit certain music (including the composition and the recording) and to use the Platform, the Platform API or portions thereof.
“ End User Content ”: means all intellectual property works (including without limitation musical works, recordings, video clips, ring-tones, real-tones, lyrics, logos, covers and photos) as to which the End User has the necessary exploitation rights.
“ Platform ”: refers to the digital music supply chain and accounting platform available at https://jonomdigital.xyz or your designated subdomain.
“ Service ”: means the service provided by Us through the Platform, by which You can provide services to End Users including, but not limited to making the End User Content available on Digital Music Services (here, the Digital Distribution Services); Royalty Processing and Accounting; and Royalty Payouts.
2. General Conditions of the Services
The purpose of this agreement is to establish the general conditions by which we will provide the Service to You via the Platform. For information purposes, the features of the Platform include but are not limited to:
Upload of the End User Content to the Platform for its availability on Digital Music Services.
Selection of the channels, territories and Digital Music Services where End Users want their content to be available at.
Optional services, including quality control, distribution, updates and storage.
Pay directly the corresponding fees for the contracting services.
Hostingof the End User Content.
●Qualification, transformation and transmission to Digital Music Services.
Updating of distributed works in Digital Music Services.
Takedown of content.
Assigning codes (ISRC).
Accessing sales and usage reports of the End User Content in the Digital Music Services.
Request out payment of the Royalties generated by the End User Content.
Manage and receive Public Performance Rights.
Manage and receive Reproduction Rights.
Nonetheless, We reserve the right to include new functionalities or eliminate any of the features of the Platform, to change the characteristics, design, appearance or presentation of the Platform and the Service provided these changes shall be notified correspondingly to You, in which case, if You are unsatisfied with the resulting Platform, You can
terminate the relationship in the terms described in these Terms of Service.
As a consequence, the Service that We will provide to You includes in essence the following: