TERMS OF SERVICE
Last Updated: [23/03/2026]
1. Introduction
These Terms and Conditions (“Terms”) govern the provision of audio mixing services (“Services”) by Overnight Audio (Wow & Flutter Limited) (“we”, “us”, “our”) to clients (“you”, “your”).
By engaging our Services, you agree to be bound by these Terms.
2. Services Provided
We provide professional audio mixing services for video content, including but not limited to:
Dialogue balancing
Sound design enhancement
Audio cleanup, restoration, and mastering
Guide voice-over replacement with AI-generated or human voice-over (requires at least 48 hours’ notice)
Sound editing
Sound mixing
All work is performed by an experienced audio engineer.
3. Turnaround Time
We aim to deliver completed work within 12 hours of receiving all required materials.
Turnaround time begins only once:
Full payment has been received; and
All necessary files and instructions have been provided.
We are not responsible for delays caused by incomplete, incorrect, or late submissions.
4. Client Responsibilities
You agree to:
Provide all required audio/video files in agreed formats
Ensure you have all necessary legal rights, licences, and permissions for submitted materials
Provide clear and accurate instructions
You are solely responsible for the content you supply.
We are not liable for:
Issues arising from poor-quality source material
Any use of materials that infringe third-party rights
You agree to indemnify us against any claims, losses, damages, or expenses (including reasonable legal fees) arising from materials you provide, including where you do not have the required rights or permissions.
We will act in good faith to work with you to resolve any such issues where possible.
5. Revisions
We offer two (2) reasonable revisions per project for no extra charge. This does not include new edits or revision from the clients end.
Additional revisions may incur additional charges.
6. Money-Back Guarantee
We offer a money-back guarantee subject to the following conditions:
You notify us within 48 hours of delivery that you are not satisfied; and
The work has not been used, published, broadcast, or otherwise distributed
If these conditions are met, a full refund will be issued.
If the work has been used in any capacity, you are deemed to have accepted the final product and no refund will be provided.
7. Intellectual Property
Ownership of the final mixed audio transfers to you only upon full payment.
If a refund is issued under Section 6:
Any transfer of rights is revoked; and
All intellectual property rights remain with Wow & Flutter Limited
You must not use, reproduce, or distribute refunded work.
We retain ownership of:
Drafts
Working/session files
Alternate or unused versions
These are not included in deliverables unless agreed in writing.
We reserve the right to use completed work for portfolio and promotional purposes unless otherwise agreed in writing.
You retain ownership of all original materials you provide.
8. Payment Terms
All prices are listed in the stated currency (e.g., NZD, GBP, EUR)
Payment must be made in full before work begins unless otherwise agreed
You are responsible for all applicable taxes, duties, and transaction fees
You agree to indemnify us against any claims, costs, or liabilities arising from unpaid taxes, duties, or related charges associated with your purchase.
9. Limitation of Liability
To the maximum extent permitted by law:
We are not liable for any indirect, incidental, or consequential damages
Our total liability is limited to the amount paid for the Services
If you are acquiring the Services for business purposes, you agree that the Consumer Guarantees Act 1993 (New Zealand) does not apply to the extent permitted by law.
10. Audio Restoration Limitations
You acknowledge that audio restoration is inherently limited by the quality of the source material.
In particular:
Complete removal of noise or defects cannot be guaranteed
Processing may introduce artifacts or alter sound characteristics
Results depend on the signal-to-noise ratio and recording conditions
By submitting audio, you accept these limitations and agree that they do not constitute grounds for refund where reasonable professional efforts have been made.
11. International Clients (UK & Europe)
If you are located in the United Kingdom or European Union:
You acknowledge this is a custom digital service
You expressly consent to work beginning immediately upon order
You understand that your statutory cancellation rights may be reduced or lost once performance begins, to the extent permitted by law
12. Confidentiality
We will treat all client materials as confidential and will not disclose them to third parties except:
As necessary to perform the Services; or
Where required by law
13. Termination
We may refuse, suspend, or terminate Services if:
You breach these Terms; or
Materials provided are unlawful or infringe third-party rights
We may also suspend or terminate Services due to events beyond our reasonable control.
Where possible, we will:
Notify you promptly; and
Work with you to resume Services or agree on a fair outcome (including a partial refund where appropriate)
14. Force Majeure
We are not liable for failure or delay caused by events beyond our reasonable control (“Force Majeure Event”), including but not limited to:
Natural disasters
War, terrorism, or civil unrest
Government actions or restrictions
Power, internet, or system failures
Cyberattacks or technical disruptions
Pandemics or public health emergencies
Supplier or subcontractor failures
In such cases:
Obligations are suspended during the event
We will resume performance as soon as reasonably possible
If the event continues for more than 14 days, either party may terminate the affected Services without liability, except for work already completed.
15. Governing Law
These Terms are governed by the laws of New Zealand.
Any disputes are subject to the exclusive jurisdiction of the courts of New Zealand.
16. Changes to Terms
We may update these Terms at any time by posting updated versions on our website.
No variation is binding unless agreed in writing.
17. Contact Information
Wow & Flutter Limited