Terms of service.
These Terms of Service ('Terms') govern your access to and use of the Hefty Sound Works website, software, products, and services. By accessing our website or purchasing any product or service, you agree to these Terms.
1. Products & Services
Hefty Sound Works may offer software plugins, digital downloads, playback programming, playback consulting, custom playback rig design and assembly, custom in-ear monitor (IEM) rig design and assembly, educational content, and other products or services.
2. Orders & Payment
Payments are securely processed by Stripe. Prices are listed in U.S. Dollars unless otherwise stated. Applicable taxes will be collected where required by law.
3. Digital Delivery
Digital products are delivered electronically after successful payment. Customers are responsible for providing a valid email address capable of receiving purchase confirmations, license information, and download instructions.
4. Software Licensing
Software products are licensed, not sold. Use of our software is governed by the applicable End User License Agreement (EULA).
5. Custom Services
Design-only projects are billed in full before work begins. Upon full payment, the client receives ownership of the completed custom design created specifically for their project. Hefty Sound Works retains ownership of its proprietary templates, workflows, internal tools, software, documentation formats, and other intellectual property used during the design process.
Playback programming services are performed according to the agreed scope of work. Completed playback sessions created specifically for a client become the client's property upon full payment. Hefty Sound Works retains ownership of its proprietary templates, workflows, software, plugins, and internal development tools. Estimated completion dates are estimates only and may change. Client-requested changes after work begins may result in additional charges.
6. Custom Hardware Orders
Unless otherwise agreed in writing, custom playback rigs and IEM rigs are billed as follows:
• 30% deposit due upon acceptance of the proposal.
• 50% payment due upon client approval of the system layout and wiring diagram.
• 20% final payment due prior to shipment, delivery, or customer pickup.
Work will not begin until the initial deposit has been received. Component procurement may begin after required payments are received. Ownership of all physical products remains with Hefty Sound Works until payment has been received in full. Failure to make scheduled payments may delay, suspend, or cancel the project.
7. Returns & Cancellations
Custom-built hardware is non-returnable except in cases of workmanship defects, shipping damage, or incorrect fulfillment. If a client cancels a project after work has begun, the client is responsible for payment for completed labor, purchased components, and any non-returnable materials.
8. Hardware Warranty
Custom-built hardware includes a 90-day workmanship warranty beginning on the date of delivery. This warranty covers assembly performed by Hefty Sound Works and does not cover misuse, customer modifications, accidents, cosmetic damage, normal wear, or manufacturer defects in third-party components.
9. Customer-Supplied Equipment
Customer-supplied equipment is accepted and serviced at the customer's risk.
10. Portfolio Rights
Unless requested otherwise in writing, Hefty Sound Works may photograph completed projects for portfolio, educational, and marketing purposes. Sensitive information will not be intentionally disclosed.
11. Support
Reasonable email support is provided for the current version of our software. No guaranteed response time is provided.
12. User Conduct
You agree not to violate applicable law, interfere with our website or licensing systems, distribute license keys, or misuse our products or services.
13. Intellectual Property
All software, documentation, logos, graphics, source code, product names, and website content remain the exclusive property of Hefty Sound Works unless otherwise stated.
14. Third-Party Services
Our products and services may rely on providers including Stripe, Cloudflare, Google Workspace, and Zapier. We are not responsible for outages or failures caused by third-party services.
15. Disclaimer of Warranty
Except where expressly stated, products and services are provided 'AS IS' and 'AS AVAILABLE' without warranties of any kind.
16. Limitation of Liability
To the fullest extent permitted by law, Hefty Sound Works' total liability for any claim shall not exceed the amount paid for the applicable product or service.
17. Force Majeure
Hefty Sound Works is not responsible for delays or failures caused by events beyond our reasonable control, including internet outages, cloud service interruptions, natural disasters, labor disputes, government action, utility failures, or similar events.
18. Privacy
Use of our website is also governed by our Privacy Policy.
19. Changes to These Terms
Hefty Sound Works may update these Terms from time to time. Continued use of our website, products, or services constitutes acceptance of the revised Terms.
20. Governing Law
These Terms are governed by the laws of the State of New York.
21. Dispute Resolution
Both parties agree to make a good-faith effort to resolve disputes through informal discussions or mediation before pursuing legal action.
22. Contact
Hefty Sound Works
Email: [email protected]
Website: https://www.heftysoundworks.com