These Terms of Service ("Terms") govern your access to and use of the website, products, and services operated by Broxbrumbrym ("Broxbrumbrym", "we", "us", or "our"), a podcast-production-studio based in Montréal, Québec, Canada. By accessing or using our website at broxbrumbrym.pro or engaging our services, you agree to be bound by these Terms. If you do not agree, you must not use our website or services.
1. Introduction and Acceptance of Terms
These Terms form a legally binding agreement between you and Broxbrumbrym. By using our website, requesting a quote, signing a service agreement, making a payment, or otherwise engaging with our services, you represent that you have read, understood, and agree to comply with these Terms and all applicable laws in Canada, including applicable federal and Québec laws.
If you are using our services on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
2. Scope of Services
Broxbrumbrym provides podcast-production-studio services, which may include, without limitation:
- podcast recording support and studio-related services;
- audio editing, mixing, mastering, and post-production;
- episode formatting, show packaging, and file preparation;
- production consultation, workflow support, and project coordination;
- distribution support and technical assistance related to podcast publishing;
- related creative and administrative services as mutually agreed in writing.
Service details, deliverables, timelines, and pricing may vary depending on the scope of each project and will be set out in a quotation, proposal, invoice, statement of work, or written agreement. In the event of any conflict, the specific written agreement for a project will prevail over these Terms to the extent of the conflict.
We reserve the right to refuse service, suspend a project, or decline a request where the requested content, activity, or use may violate law, third-party rights, or our policies.
3. User Obligations and Responsibilities
You agree to:
- provide accurate, current, and complete information when requested;
- ensure that all materials supplied to Broxbrumbrym are lawful and that you have all necessary rights, licenses, consents, and permissions to use, reproduce, edit, distribute, and publish them;
- obtain any required releases, including talent releases, location permissions, music licenses, and copyright permissions;
- not submit content that is defamatory, infringing, fraudulent, obscene, harassing, hateful, unlawful, or otherwise objectionable;
- cooperate promptly with requests for approvals, feedback, revisions, and technical information;
- protect the confidentiality of any access credentials, files, or materials we may provide to you;
- use our website and services only for lawful purposes and in compliance with all applicable laws.
You are solely responsible for the content of your podcast, including statements made by hosts, guests, advertisers, and contributors. Broxbrumbrym is not responsible for verifying the accuracy, legality, or reliability of client-supplied content.
4. Payment Terms and Conditions
All fees, rates, and payment schedules will be communicated in advance through a proposal, quotation, invoice, or written agreement. Unless otherwise stated:
- payments are due in the currency specified on the invoice;
- deposits or retainers, if required, are non-refundable except where required by law or expressly stated otherwise in writing;
- work may be paused or withheld until payment is received in full;
- late payments may incur interest or administrative charges to the extent permitted by applicable law and disclosed in the invoice or agreement;
- you are responsible for any applicable taxes, including GST/QST/HST or similar taxes, unless stated otherwise in writing.
We may modify our pricing at any time for future services. Any change in pricing will not affect a project that has already been accepted in writing, except as permitted by the applicable agreement.
5. Cancellation and Refund Policy
Cancellation terms may vary depending on the service booked and the stage of project completion. Unless otherwise agreed in writing:
- you may cancel a scheduled service by providing written notice to Broxbrumbrym;
- retainers and deposits are generally applied to reserve time, resources, and capacity and are non-refundable;
- if you cancel after work has begun, you may be charged for all completed work, committed expenses, and non-cancellable third-party costs;
- no refund will be issued for completed services, approved deliverables, or services delayed due to your failure to provide timely materials, approvals, or instructions;
- where a refund is approved, it will be limited to amounts expressly identified by Broxbrumbrym in writing.
We reserve the right to cancel or suspend services if you breach these Terms, fail to cooperate, or engage in conduct that may harm our operations, reputation, staff, contractors, or other clients.
6. Liability Limitations
To the fullest extent permitted by applicable law, Broxbrumbrym, including its directors, officers, employees, contractors, and affiliates, shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, business opportunities, or expected savings, arising out of or related to your use of our website or services.
To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the services shall not exceed the amount paid by you to Broxbrumbrym for the specific service giving rise to the claim in the three (3) months preceding the event giving rise to liability, or CAD $100, whichever is greater, except where liability cannot be limited under applicable law.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, or any non-excludable consumer rights under applicable law.
We do not guarantee uninterrupted, secure, or error-free access to our website or services, nor do we guarantee that deliverables will achieve any particular commercial, audience, technical, or editorial result.
7. Intellectual Property Rights
Unless otherwise agreed in writing, all pre-existing intellectual property belonging to either party remains the property of that party.
Subject to full payment of all amounts due, and unless otherwise specified in a written agreement:
- you retain ownership of the content, recordings, scripts, images, logos, and other materials that you provide to Broxbrumbrym;
- you grant Broxbrumbrym a limited, non-exclusive, royalty-free license to use, reproduce, store, edit, adapt, and process your materials solely for the purpose of providing the services;
- we may retain copies of project files, working files, and backups for internal recordkeeping, quality assurance, and legal compliance purposes;
- unless otherwise agreed, any templates, workflows, methods, tools, software configurations, and production techniques used by Broxbrumbrym remain our property.
Any transfer of copyright, assignment of deliverables, or exclusive ownership rights must be expressly stated in writing. You are responsible for ensuring that all materials you provide or request us to use do not infringe third-party rights.
Subject to your written approval where required, Broxbrumbrym may display limited excerpts, descriptions, or references to completed work for portfolio, demonstration, and marketing purposes, unless prohibited by a separate confidentiality agreement or written instruction from you.
8. Data Protection and Privacy
Broxbrumbrym collects, uses, stores, and discloses personal information in accordance with applicable Canadian privacy laws, including Québec privacy requirements where applicable. We will handle personal information in a manner appropriate to the nature and sensitivity of the information and the services provided.
We may collect personal information such as names, contact details, billing details, project communications, and technical information necessary to operate our website and deliver services. We use this information to:
- provide and manage services;
- communicate with you regarding projects, invoices, and support;
- process payments and maintain records;
- improve our services, website, and operational processes;
- comply with legal and regulatory obligations.
We may share personal information with service providers, contractors, payment processors, legal advisors, and other third parties only as reasonably necessary to deliver services or comply with law, subject to appropriate confidentiality and data-protection safeguards.
Although we take reasonable measures to protect information, no method of transmission or storage is completely secure. You acknowledge that information transmitted over the internet may be subject to risks beyond our control.
9. Force Majeure
Broxbrumbrym will not be liable for any delay, interruption, or failure to perform any obligation due to events beyond our reasonable control, including but not limited to acts of God, fire, flood, power failure, internet outages, hardware or software failures, labour disputes, epidemics or pandemics, civil unrest, war, government actions, transportation disruptions, or failures of third-party providers.
If a force majeure event occurs, our obligations will be suspended for the duration of the event, and we will make reasonable efforts to resume performance as soon as practicable.
10. Changes to Terms
We may update, amend, or replace these Terms from time to time. Changes will be effective upon posting on our website or upon written notice to you, as applicable. Your continued use of our website or services after the effective date of any updated Terms constitutes your acceptance of the revised Terms.
It is your responsibility to review these Terms periodically. If you do not agree to the updated Terms, you must stop using our website and services.
11. Applicable Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or relating to them shall be governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
You agree that the courts located in Montréal, Québec shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms or the services, subject to any mandatory consumer protection rights or other non-waivable legal rights that may apply under applicable law.
12. Contact Information
If you have any questions, concerns, complaints, or requests regarding these Terms or our services, you may contact Broxbrumbrym using the information below:
- Company: Broxbrumbrym
- Address: 1420 Rue Begin, Suite 204, Montréal, QC H4R 1G7, Canada
- Email: [email protected]
- Phone: +1 (514) 782-9463
- Website: broxbrumbrym.pro
13. Severability Clause
If any provision of these Terms is held by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. If possible, the invalid or unenforceable provision shall be interpreted in a manner that best reflects the original intent of the parties and remains enforceable under applicable law.
By using the services of Broxbrumbrym, you acknowledge that you have read, understood, and agreed to these Terms of Service.