These Terms and Conditions are a legally binding agreement between you (hereinafter referred to as the Client) and PitchPlaylist, a business owned and operated by PARKR LTD (hereinafter referred to as the Company, we, our, or us). By using the services offered by the Company on the website, you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms and Conditions contained herein.
Agreement means the agreement, in whatever form, reached between the Company and the Client. This Agreement comes into force when the Client places an order for the Services through the Website, or when the Client otherwise accepts the applicability of these Terms and Conditions.
Company means PitchPlaylist, the business owned and operated by PARKR LTD, established under the laws of England and Wales at 42 Mount Hall Grange, BT62 1LA Portadown, UK, who offers the Services under these Terms and Conditions.
Client is the party that engages the Services subject to these Terms and Conditions.
Services means the Spotify music promotion services as offered by the Company, which may include song review, song optimization, pitching to playlists, sending streaming updates, expanding Clients’ exposure, and setting the foundation for the fanbase.
Website means our website on www.pitchplaylist.com, where the Services are advertised.
General Applicability and Amendment
These Terms and Conditions apply to all Services offered by the Company, except where expressly indicated to the contrary.
You may not use the Services nor accept these Terms and Conditions if you are not of legal age or have the required legal capacity to form a binding contract with the Company.
The use of the Services requires the unconditional acceptance by the Client of the applicability of these Terms and Conditions. It is the responsibility of the Client to read and understand the Terms and Conditions prior retaining any Services. If you do not agree to these Terms and Conditions, do not use the Website or any other of our Services.
All terms and conditions used by the Client that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to the use of any Services by the Client.
In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in force. The Company will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.
The Company reserves the right, in its sole discretion, to change these Terms and Conditions. The most current version of the Terms and Conditions will supersede all previous versions.
Except as supplemented by additional terms and conditions, policies, guidelines or standards, these Terms and Conditions contains the entire legal understanding between the Company and you and supersedes any and all prior or written and/or oral understandings or agreements in relation to you access to and use of the Services.
The Company and the Client shall act as independent contractors, and nothing herein shall suggest an agency, partnership, or employee/employer relationship for any purpose.
The Agreement is personal to the Company and the Client and neither of them shall assign any of their right under this Agreement without the prior written consent of the other.
Performance of the Services
The Company shall have the right to make changes to the Services to the extent necessary to comply with applicable law or similar requirements, or which do not materially affect the nature or the quality of the Services.
The Client hereby acknowledges that the Company is not giving any guarantee of a particular result or outcome of the Services under the Agreement.
Client hereby acknowledges and agrees to have a full understanding that the Company cannot guarantee any engagement on Client’s song(s) or social media profiles. Engagement such as monthly listeners, saves, and followers is determined per individual who will listen to the song(s).
The Client is aware that each campaign is individual, and results may vary due to the organic nature required for a successful promotion.
All streams from algorithmic playlists such as Discover Weekly, Release Radar, Radio, and other playlists generated by the Spotify algorithm will count towards the Client’s campaign under the Agreement.
The Company requires viewer-only access to the Client’s Spotify For Artists account to monitor and optimize the campaign.
If the campaign and thereby the Services have started, the Client shall no longer be entitled to any refund.
If the Client decides to take down their song, the Client can transfer the remaining streams of the purchased package to a different song. No refund will be available in this regard.
During the promotion, the Client can stop the campaign and get the promotion restarted again or transfer the remaining streams to a different song at Client’s own discretion.
Client acknowledges that there are three ways in which plays count towards the total number of plays contracted for under the Services: plays on curated playlists, plays on algorithm driven playlists, and free plays (collectively referred to as “Qualifying Plays”).
How the Company obtains certain Qualifying Plays is interconnected. In other words, a track is unlikely to obtain free plays if it does not appear in a curated playlist, which will also lead to curated plays. Similarly, algorithm plays are unlikely to occur unless a track has generated some traction from curated playlists. Therefore, the Company’s calculations are averaged between curated- and free plays, or curated, free, and algorithm plays, respectively.
On a report provided by the Company, there is a distinction between attributed streams and repeated streams. “Repeated Streams” are streams that come from playlists but aren’t direct streams from these. Rather, a user may have saved the track from the playlist and then played the song from their own saved songs.
Repeat Streams are free plays that are attributed to the playlisting done by the Company. The number is calculated on a fair straight-line basis of the same percentage as the percentage of the playlist plays we gain.
Client Obligations and acknowledgements
The Client will ensure that all data, files and information, of which the Company has stated it is required for the performance of the Agreement, or of which the Client should reasonably understand it to be necessary for such performance, will be provided to the Company in a timely, complete and correct manner. If the information required for the implementation of the Agreement has not been provided as aforementioned, the Company has the right to suspend the implementation of the Agreement.
The Client shall duly inform the Company of any fact and circumstances that may be relevant in connection with the execution of the Services.
The Client shall guarantee the correctness, completeness, and reliability of relevant information provided to the Company.
The Client is free to choose any package as offered on the Website, ranging from Tier 1 to Tier 3. These packages include certain estimations regarding numbers of streams and followers that will result from these packages. By placing an order for any package, the Client acknowledges and agrees that any such estimates do not bind the Company. Actual results obtained will vary between Clients and the quality of their respective songs.
The Client hereby expressly acknowledges that the Company only has best efforts obligations under any Agreement, no results obligations.
Fees and Expenses
Upon entering into an Agreement under these Terms and Conditions, and subject to the provisions of Article 2, the Client enters into a legally binding payment obligation.
Any prices displayed on the Website are specified in US Dollars ($). All prices exclude the statutory VAT and other applicable taxes, except if explicitly stated otherwise. Typing errors and price changes are reserved.
The Client accepts that there is no possibility of a refund due to the serviceable hours involved in the Company’s campaign as soon as the Services commence.
The Company will not grant any refunds if the Client engages in any illegal or fraudulent nature regarding the Services, for example, the botting of stream counts or plays. If the activity harms the Company’s curators’ property, the promotion will be terminated without the ability to transfer the missing streams to a different song or the ability to request a refund.
The Client is aware that each campaign is individual, and results may vary due to the organic nature required for a successful promotion. The Company can transfer any streams not delivered within a reasonable campaign timeframe (6 months) to an existing or forthcoming release. The Client has the opportunity to initiate a transition with the remaining target streams. PitchPlaylist isn’t responsible for any activity outside of our promotion that could interfere with your campaign. If you don’t see organic activity from our marketing, you are eligible for a full refund ONLY if you have valid & respectful proof of such a claim.
The client accepts that refunds will not include the processing fee.
Limitation of Liability
To the maximum extent permitted by law, the Company makes no representations or warranties about the accuracy, correctness, quality or completeness of any information provided on or through the Website.
The Company is not liable for possible damage caused under these Terms and Conditions or under the Agreement, both by itself and by third parties, except in the case of intent, deliberate recklessness, or gross negligence on the part of the Company, provided that it has been demonstrated by the Client.
The liability of the Company is at all times limited to the amounts paid by the Company under a single order.
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use or inability to use our Services or (b) any conduct of any party other than the Company itself.
The Client indemnifies the Company against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If the Company is held liable by a third party in relation to these Terms and Conditions and any Services performed under any Agreement, the Client is obliged to pay the Company all costs related to thereto.
The Company shall retain all rights and powers that accrue to it with regard to the intellectual property in the Services and the Website. The Client is prohibited from reproducing, duplicating, copying, (re)selling, or exploiting any portion of the Services and/or Website without express written permission by the Company.
The Client hereby agrees that the Company may use the Client’s Spotify For Artists results for marketing purposes, including album cover image, song, artist name, and playlists.
Term and Termination
The Agreement shall commence on the date these Terms and Conditions have been accepted and shall continue in full force and effect until the Services have been completed. Any completion times communicated to the Client are indicative and do not bind the Company.
The Company may terminate the Services without notice if the Client provides false information, misleads the Company, or otherwise acts in a fraudulent manner in any way, without having to offer a refund to the Client.
Provisions herein which expressly or by implication survive termination shall continue in full force and effect.
Complaints about the implementation of the Agreement or these Terms and Conditions must be submitted fully and clearly to the Company within a reasonable time after the Client has discovered the defects.
The Client must, in any case, give the Company four (4) weeks to resolve the complaint in mutual consultation.
Only the laws of England and Wales apply to the legal relationship between the Company and the Client.
The courts of England are authorized (in the first instance) to take cognizance of any dispute between the Company and the Client, unless otherwise required by law.
PARKR LTD welcomes your questions or comments regarding the Terms and Conditions:
Email Address: firstname.lastname@example.org
Effective as of 16/05/2021