Terms of Service

Company formed: December 22, 2021

Effective date: August 2, 2026
Version: 1.3

Supersedes version 1.2.

These Terms of Service (“Terms”) govern all mastering and related audio services provided by Smithingrecords LLC (“Smithingrecords,” “we,” “us”), a Delaware limited liability company, to the client submitting material for services (“Client,” “you”). By submitting files to Smithingrecords or engaging our services, you agree to these Terms.

1. Services

Smithingrecords provides audio mastering services, including analog and hybrid mastering of stereo mixes for release across digital streaming, download, CD, and other formats as agreed per project. The specific scope of each project — number of tracks, deliverable formats, and turnaround — will be confirmed in writing (email is sufficient) before work begins.

1.1 Standard Deliverables

Unless otherwise agreed, each mastered track is delivered as: (a) a 24-bit WAV at the session’s native sample rate (production master); (b) a 16-bit/44.1 kHz WAV, dithered, for digital distribution and CD; and (c) a 320 kbps MP3 reference.

Smithingrecords delivers one master per track. Platform-specific or loudness-matched alternate versions are not provided; the delivered master is prepared to perform correctly across normalized playback systems.

1.2 DDP Image (CD Replication)

Where Client is manufacturing physical CDs, a DDP 2.00 image set with PQ sheet is included in project scope at no additional charge. DDP delivery requires Client to supply final track titles, artist and release credits, UPC/EAN, ISRC codes, and intended track spacing before the image is built. Client approval of the PQ sheet constitutes approval of all embedded metadata. A DDP rebuild required by metadata changes after that approval may be billed as an additional service.

1.3 Vinyl

Smithingrecords prepares a single master intended to perform across all playback media, including vinyl. Where a release is cut to vinyl, the standard master is supplied as-is at no additional charge.

Where Client or the cutting facility requires a vinyl-specific pre-master — including side-by-side sequencing, revised level or dynamics to accommodate side length, additional sibilance control, low-frequency mono summing below the crossover, or high-frequency limiting for the lathe — that work is quoted separately.

Client is responsible for confirming side splits, side running times, and technical requirements with the pressing plant or cutting engineer. Smithingrecords is not responsible for alterations made to the master by a cutting engineer or plant, or for the sonic result of the lacquer cut, which is outside Smithingrecords’ control.

1.4 Separately Quoted Services

The following fall outside standard scope and are quoted separately: stem mastering; instrumental, clean, radio-edit, or otherwise altered versions; alternate track sequences; vinyl-specific pre-masters as described in Section 1.3; and re-delivery of files after the retention period in Section 4.3.

2. Quotes, Payment & Invoicing

  1. Standard rates. Smithingrecords publishes standard rates for mastering at standard scope. As of the effective date of these Terms, those rates are:
    • Single track — $110
    • EP — two (2) to five (5) tracks — $90 per track
    • Album — six (6) or more tracks — $700 flat
    Standard rates include the deliverables in Section 1.1, the DDP image set described in Section 1.2 where applicable, and the revision rounds provided under Section 5.3. Services described in Section 1.4 are not included in the standard rate and are quoted separately.
  2. Custom quotes. Smithingrecords may, at its sole discretion, quote a price other than the published standard rate for any project. Circumstances in which a custom quote may apply include, without limitation: releases exceeding twelve (12) tracks or ninety (90) minutes of program material; expedited, fixed-deadline, or out-of-sequence turnaround; material requiring remedial work beyond the ordinary scope of mastering; multi-release, catalog, or label engagements; white-label engagements; and any project whose scope falls outside Sections 1.1 and 1.2. Smithingrecords may also quote below the published standard rate at its discretion; doing so in any instance creates no entitlement to that rate in any future engagement.
  3. The accepted quote governs. All paid projects are confirmed by a written quote before work begins. A quote accepted by email constitutes agreement to that project’s price and scope under these Terms. Where an accepted quote differs from the published standard rate, the accepted quote governs.
  4. Rate changes. Published rates are indicative and do not constitute an offer. Smithingrecords may change published rates at any time. The rate in effect on the date a project is confirmed under Section 2.3 governs that project.
  5. Mastered sample audio files (see Section 3) may be delivered prior to receipt of payment. Unless otherwise agreed in writing, payment is due in full prior to delivery of final masters. Smithingrecords accepts payment by PayPal invoice or Venmo (business profile); Venmo payments must reference the project name in the payment note. For album-length projects, Smithingrecords may require a deposit of up to 50% before work begins and may require payment by PayPal invoice.
  6. Final, full-resolution deliverables will be released upon receipt of payment. Preview, reference, and Sample files may be watermarked or delivered at reduced resolution prior to payment.
  7. Invoices unpaid after 30 days may accrue a late charge of 1.5% per month or the maximum permitted by law, whichever is less.
  8. Taxes. Quoted prices are inclusive of any applicable sales tax. Where New York State or other sales tax is due on a project, Smithingrecords will account for that tax out of the quoted price and identify it on the invoice or receipt. Client is responsible for providing accurate billing location information and, where Client claims an exemption, a valid exemption certificate before work begins.
  9. Service area and currency. Smithingrecords accepts clients worldwide. All quotes, invoices, and payments are in U.S. dollars. Client is responsible for currency conversion costs, international transfer fees, and any tax, duty, or levy imposed outside the United States. Venmo is available only to Clients with U.S. accounts; international Clients pay by PayPal invoice.
  10. Account billing. Where Client is a label, studio, or other business engaging Smithingrecords for recurring work, Smithingrecords may at its discretion establish account billing in place of the payment timing in Section 2.5. Account terms are agreed in writing before the first project on account and may provide for purchase order references, consolidated periodic invoicing, and payment terms of up to net thirty (30) days from invoice date. Where account billing applies, final masters may be released before payment, and the rights transfer in Section 7.1 and the license conditions in Section 14.6 apply upon payment in full of the invoice covering that project. Smithingrecords may suspend account billing, require prepayment, or withhold delivery on any project where an invoice remains unpaid beyond its terms. Late charges under Section 2.7 apply to overdue account invoices.

3. Free Sample Masters

  1. Smithingrecords may, at its discretion, offer a complimentary sample master (“Sample”).
  2. Samples may, at Smithingrecords’ discretion, consist of part or all of one or more tracks, but are customarily 30–45 second excerpts of the mastered track.
  3. Samples are provided for evaluation only. Sample files may not be commercially released, distributed, or publicly posted without Smithingrecords’ written permission.
  4. A Sample does not obligate either party to a paid engagement, and Smithingrecords may decline any sample request at its discretion.

4. File Submission Requirements

  1. Client is responsible for submitting mix files that meet the technical specifications published on the Smithingrecords website (currently: 24-bit WAV or AIFF, native sample rate of the session, approximately −6 dB of peak headroom, no limiter or heavy processing on the mix bus unless intentional).
  2. Smithingrecords is not responsible for delays or quality limitations resulting from files that do not meet these specifications. We will make reasonable efforts to flag problematic files before mastering begins.
  3. Client retains copies of all submitted files. Smithingrecords is not a backup or archival service and is not liable for loss of submitted or delivered files after delivery. Project files may be deleted from our systems 90 days after project completion.

5. Delivery, Acceptance & Revisions

  1. Delivery. Final masters, DDP images, and other deliverables are delivered by Dropbox download link sent to Client’s designated email address. Delivery links remain active for thirty (30) days from the date of delivery. Client is responsible for downloading and archiving all deliverables within that period. Re-delivery after link expiry is a separately quoted service under Section 1.4 and remains subject to the retention period in Section 4.3.
  2. Revisions are included as a benefit of a completed engagement and are available only after payment has been received in full and final masters have been delivered. Smithingrecords does not perform revisions on preview, watermarked, or reduced-resolution files.
  3. Each paid mastering project includes two (2) rounds of revisions per track at no additional charge, beginning upon delivery of final masters.
  4. A “revision” is an adjustment to the existing master (e.g., level, tonal balance, or sequencing). Revisions requested due to changes in the underlying mix (Client supplies a new or altered mix file) constitute a remaster and may be billed at an additional rate quoted at the time.
  5. Revision requests must be submitted within 30 days of delivery of final masters. Requests after this window may be treated as a new project.
  6. Preview files are provided so that Client may confirm the master meets the agreed scope. Notes on a preview do not constitute a revision round and will not be actioned prior to payment. If Client believes a preview does not meet the agreed scope, Client must state this in writing before payment; Smithingrecords will either correct the deviation or cancel the engagement at its discretion.
  7. Deemed acceptance. Delivery is deemed accepted upon Client’s written approval, or fourteen (14) days after delivery of final masters without written objection, whichever occurs first. Acceptance does not waive the revision rounds provided under Sections 5.3 and 5.5, which remain available for the period stated there.

6. Turnaround

Estimated turnaround times will be provided with each quote and are good-faith estimates, not guarantees. Smithingrecords will communicate promptly if a timeline changes. Smithingrecords is not liable for consequential costs arising from delivery timing (e.g., missed release dates), and Clients are encouraged to build buffer time ahead of distribution deadlines.

Smithingrecords is not liable for delay or non-performance caused by circumstances beyond its reasonable control, including equipment failure, loss of studio access, illness, power or network outage, or acts of God. In such an event, Smithingrecords will notify Client promptly and the parties will agree on a revised schedule, or Client may cancel and receive a refund of amounts paid for undelivered work.

7. Ownership & Rights

  1. Client owns their music. Upon payment in full, all rights in the delivered masters transfer to and vest in the Client, subject to Section 14 (Refunds & Chargebacks). Smithingrecords claims no ownership interest in the Client’s compositions or sound recordings.
  2. Client represents and warrants that they own or control all rights in the submitted material, including any samples or third-party content, and that mastering the material does not infringe any third party’s rights. Client agrees to indemnify Smithingrecords against claims arising from material the Client submits.
  3. Smithingrecords retains ownership of its own processes, settings, chain configurations, and session files created in the course of the work.

8. Credit & Promotional Use

  1. Client agrees to credit “Mastered by Smithingrecords” (or “Mastered by Thaine Smith at Smithingrecords”) in release metadata, liner notes, and/or credits wherever mastering credits customarily appear, including Bandcamp credits and distributor metadata fields. This Section does not apply to white-label engagements, where Smithingrecords has agreed in writing before work begins that no credit will be given.
  2. Client grants Smithingrecords a non-exclusive right to (a) identify the Client and the released project by name and artwork in Smithingrecords’ portfolio, credits list, and promotional materials, and (b) use excerpts of up to 60 seconds of the released, mastered audio in before/after demonstrations and promotional content.
  3. Client grants Smithingrecords a non-exclusive right to use the corresponding unmastered audio for before/after comparison in Smithingrecords’ portfolio and promotional materials.
  4. If a project is unreleased, confidential, or the Client prefers no promotional use, the Client may opt out of Sections 8.2 and 8.3 by written notice before work begins, and Smithingrecords will honor it.

9. Confidentiality

  1. Smithingrecords will treat unreleased Client material — including mix files, masters, track titles, artwork, and release plans — as confidential, and will not distribute, share, or publicly disclose that material except as necessary to perform the services or as permitted under Section 8.
  2. This obligation does not apply to material that is or becomes publicly available other than through Smithingrecords’ breach, that Client authorizes for release, or that Smithingrecords is required to disclose by law.
  3. Smithingrecords stores Client material on systems under its control and will not transfer files to third parties without Client’s consent, except where necessary to deliver or receive files (for example, a file transfer service).

10. Royalty or Revenue-Share Arrangements

Any royalty, revenue-share, or points arrangement between Client and Smithingrecords is valid only if documented in writing (email is sufficient) specifying the percentage, the revenue base (gross or net), the releases covered, and the payment mechanism. These Terms do not by themselves create any royalty obligation.

11. Conduct of Work

Smithingrecords exercises professional judgment in mastering. Creative decisions will be guided by Client references and notes where provided. Mastering enhances a mix; it cannot substitute for mixing. Where a mix issue materially limits the achievable result, Smithingrecords will communicate this before or during the project.

Referred and trade engagements; non-solicitation. Where a project is referred to Smithingrecords by a mixing engineer, studio, label, or other trade party (the “Referring Party”), Smithingrecords will not directly or indirectly solicit that Referring Party’s client for mastering or other services outside the scope of the referred project, and will not contact that client for any purpose unrelated to performing the referred project, for a period of twelve (12) months following delivery or cancellation of that project. This Section does not restrict Smithingrecords from continuing to work with any client who approached Smithingrecords independently of the Referring Party, from responding to an unsolicited approach initiated by the client, or from general advertising and promotional activity not directed at that client. Where Smithingrecords and a Referring Party have agreed in writing to a white-label engagement, Section 8.1 governs credit and Smithingrecords will not identify itself to the client as having performed the work.

Client shall designate one individual authorized to submit mix files, notes, and approvals on Client’s behalf. Smithingrecords will act on instructions from that individual and is not responsible for delays, additional charges, or results arising from conflicting direction given by other parties.

12. Limitation of Liability

To the maximum extent permitted by law, Smithingrecords’ total liability arising out of or relating to any project shall not exceed the amount actually paid by the Client for that project. Smithingrecords shall not be liable for indirect, incidental, consequential, or special damages, including lost profits, lost revenue, or missed release opportunities.

13. Cancellation & Abandoned Projects

Client may cancel a project at any time before work begins for a full refund of any deposit paid. Once work has begun, deposits are non-refundable, as provided in Section 14. Smithingrecords may decline or discontinue any project at its discretion, in which case Smithingrecords will refund amounts paid for undelivered work.

Abandoned projects. If Client fails to respond to Smithingrecords for thirty (30) days following delivery of a preview or a request for approval or information, the project is deemed suspended. Any deposit paid is forfeited, and Smithingrecords may close the project and delete associated files in accordance with Section 4.3, with the retention period measured from the date of suspension. Reactivation of a suspended project requires a new quote.

14. Refunds & Chargebacks

  1. Deposits are non-refundable once work has begun. Mastering is a custom service performed to Client’s specification and cannot be resold or recovered.
  2. Upon delivery of final masters, all fees are non-refundable.
  3. Mastering involves subjective aesthetic judgment. Dissatisfaction with the artistic result is not grounds for a refund; Client’s remedy is the revision rounds provided under Section 5.
  4. Exception. If Smithingrecords cancels an engagement or fails to deliver agreed work, Client will receive a refund of amounts paid for undelivered work.
  5. Chargebacks. If Client disputes a charge, Client agrees to first contact Smithingrecords in writing and to allow ten (10) business days to resolve the matter. Initiating a chargeback or payment dispute without doing so constitutes a material breach of these Terms.
  6. Rights revocation. All rights to use, distribute, release, or otherwise exploit delivered masters are conditional on payment in full. A successful chargeback or reversed payment terminates that license immediately, and Client must cease distribution and remove the affected masters from all platforms. Smithingrecords may recover collection costs and reasonable attorneys’ fees.

15. General

  1. These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Tioga County, New York.
  2. Statutory rights. Nothing in these Terms limits any non-waivable rights Client may have under the mandatory consumer protection laws of Client’s country of residence.
  3. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.
  4. These Terms, together with the written project scope and quote, constitute the entire agreement for each project and supersede prior discussions.
  5. Smithingrecords LLC may update these Terms from time to time; the version in effect at the time a project is confirmed governs that project.
  6. Notices. Any notice, objection, approval, or other communication required under these Terms must be in writing and sent by email — to Smithingrecords at thaine@smithingrecords.com, and to Client at the email address used to submit the project or accept the quote. Notice is deemed given on the date sent, absent a delivery failure notification.
  7. Assignment. Client may not assign these Terms or any project without Smithingrecords’ written consent, except that Client may assign to a label, distributor, or successor entity acquiring rights in the release upon written notice. Smithingrecords may assign these Terms to a successor to its business.
  8. Waiver. A failure or delay by either party in enforcing any provision of these Terms is not a waiver of that provision or any other provision, and does not prevent later enforcement.
  9. Survival. Sections 4.3, 7, 8, 9, 11.3, 12, 14, and this Section 15 survive the completion, cancellation, or termination of any project.
  10. Costs of enforcement. In any action, proceeding, or collection effort to enforce these Terms or to recover amounts due, the prevailing party is entitled to recover its reasonable attorneys’ fees, court costs, and collection expenses from the non-prevailing party. This Section does not limit the remedies available under Section 14.6.

Questions about these Terms: thaine@smithingrecords.com

Smithingrecords LLC · Finger Lakes, New York