Terms And Conditions.

In using Audalog’s Website and Services you are deemed to have read and agreed to the following Terms and Conditions. We may update these at any time. When we do, we will add or revise the ‘Revision date” at the bottom of this agreement. It is the responsibility of the individual using this website to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use Audalog’s Website and Service, you consent to any updates to this Agreement. If the user (You) does not agree with our Terms, we ask that you immediately cease using the Website and/or social media accounts connected with Audalog. If there are any queries or comments related to our Terms below, please contact us at [email protected]

Our Terms set out below cover the Terms and Conditions when we engage with Clients and visitors to the Website.

Our Service

Audalog is a web service that converts media content (audio and/or video) into a spoken keywords search engine via our Search page. We use open source technologies to deliver the end product. Clients of Audalog will be, but not limited to; online content creators, YouTubers, podcasters, T.V. producers, Radio producers, Journalists, Archivists, Legal professionals, Research Scientists, Analysts, Funds Management and Academic Institutions. Essentially anyone that wishes to make their content more accessible that ever before is a potential Client of Audalog. All processed material can be made public or private, provided the appropriate permissions are in place.

Ownership

Audalog is owned and operated by Brian Caffrey (ABN 78 22 506 5268), trading as Audalog, with a registered address in the State of Victoria, Australia. Audalog™ is the trademark of our Business. Our trademark may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among anyone, or in any way disparages or discredits our Business or Service.  

Intellectual Property

All visualisations of media content included on this Site, along with design and functionality of the website is owned by Audalog. Any other images, including thumbnails and text obtained from RSS or other publicly available sources remain the property of their respective owners. Except as expressly provided in these Terms, no part of the Site and no Content belonging to Audalog may be copied, reproduced, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Audalog’s express prior written consent.

Service Agreement

As a Client of Audalog, you can expect the highest of service standards. We are fully committed to delivering the best service we possibly can. You can expect your content that features on our Site to be accessible anywhere globally, on a secure platform. Other than times when we are carrying out maintenance, or there is an issue with a 3rd party who’s service is critical to our operation, we will be online 24/7.   

Disclosure

While we work constantly to optimise our Service offering, including its accuracy, we cannot guarantee 100% accuracy due to the nature of the technologies in which we leverage. There are many factors that can affect the accuracy and effectivenss of our Service. For this reason, Audalog wont be held liable for any mistakes or inaccuracies, and wont be held responsible for loss of monies or any other damages as a result of publishing content that is not 100% accurate. The Client also agrees that the accuracy of the end product is heavily reliant on the quality of the original recording. Audalog reserves the right to not proceed with a Client, if the source media is deemed by Audalog to not be of sufficient quality to use the Service. Issues that affect the quality of the Service includes, but is not limited to; poor recording process, inferior microphone quality and/or post production, noisy recording environment, unclear guest speakers or presenters, several parties talking over each other and background noise severely affecting the audio/video recording. It is recommended that this is discussed with our team, prior to engagement. 

Feedback

We value all feedback – positive and negative. You can send feedback via the contact page, or by emailing [email protected] You may provide Audalog with information and feedback regarding the features and performance of the Service we offer and information regarding any and all failures, errors, and other malfunctions in the Service along with any associated error messages. You hereby grant Audalog a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such feedback, information, and materials for any purpose.

Complaints and Disputes

Complaints will be dealt with in a prompt manner. If you submit a valid complaint, you can expect a confirmation of receipt within 48 hours. Disputes related to paid Services will be prioritised and dealt with on a case by case basis. We will work with you to resolve the dispute as quickly as possible. Due to the nature of the business, volumes will dictate the speed at which a complaint or dispute is responded to and/or resolved.

Payments

Prices of our Service is available on our Pricing page. If you wish to receive this information via email or require further details, please contact [email protected] The total cost of the service to the Client will depend on the volume of media to be processed. All invoices issued and payments received will be in US Dollar unless otherwise stated. Payment plans can be agreed to on a Client by Client basis, based on key criteria. As a standard, an up front payment of 30% of the total is to be paid prior to commencement of work. Remaining balance is to be paid on publication to our Website within 7 days. If payment is not finalised within this time, all Client content will be removed and initial deposit amount paid will not be refundable.

All payments will be processed through a secure 3rd party portal. We can currently accept instant payments via PayPal, Stripe, Square, and via Credit Cards. Payers will be bound by the terms and conditions of the relevant 3rd party payment platform. No extra fees will be added to the total amount payable, other than those charges applied to by 3rd parties. Digital receipts will automatically be issued on completion of each transaction.

Termination and Refunds

By the Client. A Client can terminate an agreement with Audalog at any time and for any reason or no reason, by contacting Audalog at [email protected] On termination, all outstanding payments need to be settled within 30 days. Once agreement has been terminated, the Client can decide to remove or have their media remain on the website indefinitely. Upon termination, the Client will remain obligated to pay all outstanding fees and charges relating to the Client agreement, prior to termination. Termination does not give rise to any right of refund.

By Audalog. You agree that Audalog, in its sole discretion and for any or no reason, may terminate any account the Client may have with Audalog and remove any associated content permanently, with or without notice. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination may be referred to appropriate law enforcement authorities. 

Links

Audalog provides links to third party websites/resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Audalog shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

Prohibitive Use

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Audalog reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Audalog server, or to any of the Services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other Client of Audalog, including any Client account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Audalog’s systems or networks, or any systems or networks connected to the Site or to Audalog.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Audalog on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Audalog or others.

Force Majeure

While every effort is made to mitigate against site downtime, Audalog will not be held accountable or responsible for disruption to Service outside of the control of Audalog. This includes, but is not limited to; earthquakes, fires, tornadoes, flooding. Disruption to 3rd party services which directly affects the overall performance and operation will be the responsibility of that 3rd party, and Audalog will not be held liable for any such events. We will work to resume normal service as soon as possible.

Limitation of Liability and Damages

Under no circumstances will Audalog or its affiliates, contractors, employees, agents, or third party partners or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arising or related to the Audalog service, even if Audalog or an Audalog authorized representative has been advised of the possibility of such damages. In no event will Audalog or its affiliate, contractor, employee, agent, or third party partner or supplier total liability to you for all damages, losses, and causes of action arising out of, or relating to these terms or your use of the Service, exceed the amount paid by you, if any, for utilising the Audalog service during the twelve months preceding your claim.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnification

The Client agrees to indemnify, defend, and hold Audalog, its affiliates, contractors, employees, agents and its affiliates, suppliers, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Audalog Site and Service, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Audalog reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Audalog, and you agree to cooperate with our defense of these claims. Audalog will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Last Updated: 17/01/2020