Introduction

These Terms and Conditions (“Terms”) govern the use of [Insert Website Name] (“Website”), owned and operated by Flotnar, a Croatian folk band (“We”, “Us”, “Our”). By accessing or using our Website and services, you agree to comply with and be bound by these Terms. These Terms govern your relationship with us regarding any music compositions or services provided by the band, and they constitute a legally binding agreement.

Our services involve creating personalized music pieces based on customer requests, and by using our services, you accept these terms in their entirety. Please review them carefully. If you do not agree with any part of these Terms, you should refrain from using our Website or services.

1. General Business Operations

At Flotnar, we strive to ensure a smooth, transparent, and secure process for all our transactions and services. This section outlines the general business setup, including how we handle orders, payment methods, customer data, and security measures.

1.1 Payment Methods and Processes

Our primary payment method is PayPal, providing a secure and reliable transaction process for our clients. During the ordering process, customers will be asked to provide their email address, which will be used not only for sending payment requests but also as a means of communication. On special request, we may accept payments via other methods such as Revolut or direct bank transfer. Any alternative payment method must be explicitly requested by the customer and agreed upon by us.

We do not support payments through the Website itself at this time; instead, upon reviewing a customer’s request form, we will send them an email containing a payment link via PayPal. Payment is required upfront before any work begins. The customer acknowledges that by submitting their payment, they agree to the terms set forth in this document and any additional conditions specified in their custom order.

1.2 Customer Data and Information Handling

For every custom order placed, the customer is required to complete a form labeled as a ‘Quote Request.’ This form will ask for key details, including the customer’s first name, email address, and optional information such as their last name and phone number for WhatsApp communication. The information collected will be used solely for payment processing, correspondence, and delivering the requested services.

No registration or login will be required for customers to access or use the Website’s services. All information provided will be securely stored and only accessed by the band members who are responsible for managing customer interactions and processing payments. We prioritize the confidentiality and security of all customer data, ensuring that it is never shared with third parties without the customer’s consent, except as required by law or for payment processing purposes.

1.3 Website Security and Protection Measures

Our Website is built using WordPress under a Business Plan, equipped with robust security features to protect against breaches, attacks, and any potential compromises. The following security protocols are in place to safeguard customer data and ensure seamless service:

• Global Edge Caching: Ensures that content is served from the data center closest to the customer’s location, enhancing performance and security.
• High-Burst Capacity: Integrated resource management ensures the Website can handle high volumes of traffic without compromising its speed or security.
• Web Application Firewall (WAF): Protects against malicious activity, such as SQL injections and cross-site scripting (XSS) attacks.
• Global Content Delivery Network (CDN): With over 28 locations worldwide, the Website ensures ultra-fast speeds, no matter where the customer is located.
• Automated Datacenter Failover: Real-time replication of the Website across multiple data centers provides redundancy, ensuring that services are uninterrupted even in the event of a failure.
• Isolated Site Infrastructure: Offers added security and performance by isolating our Website from others hosted on the same platform.
• Malware Detection and Removal: Automated malware scanning and removal protocols are in place to protect the Website from any potential vulnerabilities.
• DDoS Protection and Mitigation: Safeguards against distributed denial-of-service (DDoS) attacks that could disrupt the Website.

We employ the Akismet spam protection tool to block unsolicited or malicious communications and prevent spam from affecting the functionality or security of our Website. Additionally, real-time security scans are performed regularly to identify and mitigate any potential vulnerabilities.

1.4 Flexibility in Business Operations

We aim to provide flexibility in our services where possible. For instance, customers can request adjustments to payment methods or submit additional details regarding their project through direct communication channels. However, these adjustments are only offered on a case-by-case basis and must be explicitly agreed upon between us and the customer.

Flotnar reserves the right to modify or discontinue certain business operations, including payment processes and customer communication methods, to adapt to changing business needs or security considerations. Customers will be notified of any significant changes that may affect their orders or transactions.

1.5 Customer Communication

All communications related to orders, including payment processing, queries, and revisions, will primarily occur through email or WhatsApp, depending on the customer’s preference. We strive to maintain open and clear lines of communication throughout the process to ensure customer satisfaction.

By submitting an order form and making payment, the customer agrees that their communication with us may include informal and conversational tones, depending on the nature of the request and the interaction style. We do not impose strict formalities on communication, except in instances where legal documentation or terms need to be clearly articulated.

2. Intellectual Property & Licensing

This section outlines the terms under which Flotnar retains ownership of the intellectual property associated with all music produced and the rights granted to customers who purchase our services. It clarifies the type of licenses offered, the scope of customer usage, and how any rights transfer, if applicable, will be handled.

2.1 Retention of Intellectual Property

As creators of the music, Flotnar retains all rights to the compositions, performances, and sound recordings produced by the band, unless explicitly agreed otherwise. When you purchase a custom music piece from us, you are not purchasing the ownership of the song but rather a limited license to use the song as specified in these Terms. Flotnar reserves the right to reuse, remix, or distribute any music created, unless a full rights transfer is explicitly negotiated and agreed upon with the customer.

By using our services, customers acknowledge that the intellectual property rights to the music remain solely with Flotnar, regardless of the input provided by the customer (e.g., lyrics, concept ideas). These rights include, but are not limited to, the rights to reproduce, distribute, publicly perform, or make derivative works from the music.

2.2 Non-Exclusive License

Unless otherwise agreed upon in writing, all customers are granted a non-exclusive license to use the music produced by Flotnar for the purposes they specify during the order process. This license allows the customer to use the music in their personal or small-scale projects, such as YouTube videos, podcasts, short films, or private events. The use of the music in these projects is allowed under the following conditions:

• Personal Use: The music can be used in personal, non-commercial projects such as personal videos, family events, or online content that is not monetized.
• Small-Scale Commercial Use: For small-scale commercial projects, such as indie films, YouTube monetization, or promotional content for small businesses, customers must ensure that proper credit is given to Flotnar as the creators of the music. The customer does not have the right to sell, redistribute, or sublicense the music for commercial gain without explicit permission.
• Public Performance: The song can be used for live or recorded public performances by the customer; however, Flotnar retains the right to request prior approval for any commercial or large-scale public performances.

The non-exclusive license granted under this section does not permit customers to transfer or resell the music to third parties or use it for large-scale commercial purposes without our consent. Customers must contact us directly if they wish to negotiate a separate commercial license for such purposes.

2.3 Commercial Use & Licensing Options

In cases where a customer wishes to use the music for more extensive commercial projects, such as feature films, television broadcasts, or large-scale advertising campaigns, a commercial license must be negotiated. This will involve additional fees beyond the standard price for personal or small-scale commercial use, and the terms of this license will be defined based on the scope of the project and the intended usage of the music.

We offer the following licensing options, which can be customized based on the specific needs of the customer:

• Commercial Use License: Grants the customer the right to use the music for larger commercial ventures, including film, TV, advertisements, and corporate events. This license allows the customer more extensive usage rights, but Flotnar retains ownership of the music.
• Exclusive Use License: In special cases, we may offer an exclusive use license, which grants the customer sole rights to use the music in their project. Under this arrangement, Flotnar agrees not to license the same music to any other customer or use it in our own projects. However, the customer still does not own the music itself; they only gain exclusive usage rights.
• Full Rights Transfer: On rare occasions and by special arrangement, Flotnar may agree to transfer full ownership of a song to the customer. This transfer will allow the customer complete rights to distribute, modify, or resell the song. The transfer of full rights will incur an additional fee and can be negotiated at any stage of the process. Any rights transfer will be confirmed in writing and signed by both parties.

2.4 Customer Obligations and Usage Restrictions

While we grant customers the right to use the music for the agreed-upon purposes, they must adhere to the following restrictions:

• No Unauthorized Distribution: Customers are prohibited from distributing the music to third parties without prior consent from Flotnar. This includes uploading the music to platforms where others can download or use it for their own purposes, unless it is part of a project that the customer has specified during the order process (e.g., a YouTube video).
• No Derivative Works: Customers may modify or create derivative works based on the song, such as remixing or adding elements like additional vocals or instruments. However, Flotnar reserves the right to request the removal or take down of any modified works that are deemed inappropriate or inconsistent with the original intent of the music. Any significant alterations should be communicated to Flotnar in advance.
• No Resale or Sub-Licensing: Customers may not resell, sublicense, or otherwise profit from the music beyond the intended use. For example, customers cannot sell the music as part of a music library or offer it to other artists for their projects without our written consent.
• Proper Attribution: In all cases where the music is used publicly or commercially, the customer must provide appropriate credit to Flotnar as the creators of the music. The attribution must be visible or audible, depending on the format of the project. For example, video credits should include “Music by Flotnar” in a visible location, or audio projects should verbally acknowledge the band.

Failure to adhere to these obligations may result in the termination of the license and potential legal action for misuse of intellectual property.

2.5 Rights Transfer by Arrangement

In some cases, we may negotiate a transfer of rights where the customer wishes to own the music outright. This is not a standard offering and will be handled on a case-by-case basis. Any transfer of rights will require a separate written agreement outlining the terms of the transfer, including the fees associated with such a transfer, the scope of rights being transferred, and any ongoing obligations the customer may have, such as providing proper attribution or royalties.

The default licensing model assumes that Flotnar retains ownership of the music and only grants the customer limited rights to use the music for specific purposes. Customers who wish to obtain a full rights transfer must explicitly communicate this request, and all parties must sign a formal agreement to validate the transfer.

2.6 Disputes Over Intellectual Property

Any disputes over the ownership or usage of the music must first be addressed through direct communication between Flotnar and the customer. We encourage customers to contact us immediately if they believe there has been any infringement on their rights or if they have concerns about how the music has been used.

If a resolution cannot be reached through direct communication, the dispute will be subject to the jurisdiction and governing law as outlined in Section 8 of these Terms. We are committed to resolving any disputes as amicably and efficiently as possible to avoid unnecessary legal complications.

3. Revisions & Refund Policy

This section outlines Flotnar’s policy regarding revisions to the final product and the circumstances under which refunds may or may not be issued. Given the nature of custom music production, we prioritize transparency and fairness when addressing revision requests or refund inquiries.

3.1 Revisions Overview

At Flotnar, we understand that the creative process can sometimes require adjustments to the final product. As part of our commitment to customer satisfaction, we offer a structured revision process to ensure that customers receive a music product that meets their expectations. However, given the time and resources involved in producing custom music, we must also maintain strict guidelines to prevent excessive revisions or unreasonable requests.

Customers are entitled to one free revision for minor adjustments. Minor revisions include but are not limited to:

• Minor pronunciation corrections.
• Adjustments to sound effects or instrument levels.
• Small lyrical changes, such as rephrasing or correcting a mispronunciation.
• Removing instruments from the composition.

The free revision is limited to a single request, which can include multiple adjustments if they are all submitted at the same time. Once the free revision is completed and delivered to the customer, no further free revisions will be offered. Customers are encouraged to be as clear and detailed as possible when requesting changes during the revision process.

3.2 Major Revisions and Additional Charges

In cases where the requested changes are deemed significant, Flotnar reserves the right to charge additional fees. Major revisions generally involve substantial alterations to the original music composition, which require significant time, resources, or the involvement of additional musicians. Examples of major revisions include:

• Re-recording vocals or instruments.
• Adding instruments from the composition.
• Changing the overall structure or arrangement of the song.
• Modifying the musical style or genre.

The cost for major revisions will vary based on the scope of the changes and the number of people required to complete the task. For instance, calling back vocalists or musicians to the studio for re-recording may incur higher costs, depending on the availability of the performers and the complexity of the revision. Each major revision request will be evaluated on a case-by-case basis, and customers will be provided with a quote before any additional work begins.

If a major revision request is made, Flotnar will communicate with the customer to clarify the scope of the requested changes and provide an estimate for the additional costs involved. Customers must agree to the revised pricing before any further work is undertaken.

3.3 Situations Where Revisions Are Not Granted

Flotnar reserves the right to deny revisions in specific situations, particularly when the revision request would require a complete overhaul of the original project. For example:

• If the customer requests a change in the song’s concept, theme, or mood after delivery, this would constitute a new project rather than a revision. In such cases, the customer may need to commission a new song at the full price.
• If the customer’s revision request contradicts earlier instructions or feedback provided during the project, Flotnar may refuse to accommodate the request, especially if it would significantly alter the work already completed.
• Revisions may also be denied if they involve changes that are not technically feasible or would compromise the quality of the final product.

In cases where revisions are not granted, Flotnar will explain the reasoning to the customer, providing clear and transparent communication. The goal is to avoid misunderstandings and ensure that customers are aware of the limitations inherent in the music production process.

3.4 Handling Revisions During Production

To minimize the need for significant revisions after delivery, Flotnar encourages customers to provide feedback throughout the production process. Regular communication is a key part of our workflow, and we often check in with customers at various stages of the project to ensure that we are meeting their expectations. Customers may be asked to review the lyrics, melody, or musical arrangement before final recording takes place.

This proactive approach helps us avoid major revisions after the fact and ensures that the customer’s vision is incorporated into the music from the outset. However, customers should understand that once recording and production have been completed, any major changes may require additional fees, as described above.

3.5 Refund Policy Overview

Given the custom nature of our services, Flotnar does not offer refunds under normal circumstances. Customers are paying for a service that involves significant time, effort, and resources, including the involvement of musicians and studio work. Once an order is placed and work has begun, refunds are generally not possible, as the cost of production cannot be recovered.

However, there are limited circumstances in which a partial refund may be considered, as outlined below.

3.6 Situations Where Partial Refunds May Be Issued

Partial refunds may be considered on a case-by-case basis, depending on the situation. The following are examples of situations where a partial refund might be granted:

• Significant Delay in Delivery: If Flotnar is unable to meet the agreed-upon delivery deadline and the delay is substantial (beyond a reasonable buffer period), we may offer the customer a partial refund. However, customers should note that minor delays, especially in cases of unforeseen circumstances, do not automatically qualify for a refund.
• Major Errors in the Final Product: If the final product delivered contains significant errors or deviations from the agreed-upon project scope (e.g., incorrect lyrics, missing instrumental sections), and these issues cannot be corrected through the revision process, a partial refund may be considered.
• Mutual Agreement to Cancel: In cases where both Flotnar and the customer agree that the project cannot be completed satisfactorily due to unforeseen circumstances, we may offer a partial refund, depending on the amount of work completed at the time of cancellation.

In all cases, the amount of the partial refund will be proportional to the amount of work completed. For instance, if a significant portion of the project has already been completed (e.g., recording and production), the refund will reflect only the remaining uncompleted work. Flotnar will assess the situation and provide the customer with a fair and transparent calculation of the refund amount.

3.7 Situations Where No Refunds Will Be Granted

Flotnar will not grant refunds in the following situations:

• Customer Changes Their Mind After Work Has Begun: Once the customer has paid for the service and work has commenced, no refunds will be granted simply because the customer changes their mind or decides not to use the final product. This includes cases where the customer no longer needs the music or no longer wishes to proceed with the project.
• Customer Dissatisfaction with Creative Choices: Music is a highly subjective art form, and while we strive to meet customer expectations, there may be cases where the final product does not match the customer’s personal taste or vision. Unless the dissatisfaction stems from a clear deviation from the agreed-upon project scope, no refunds will be issued based on creative differences.
• Missed Deadlines Due to Customer Inaction: If a project is delayed due to the customer’s failure to provide necessary information, files, or feedback in a timely manner, no refund will be granted for the resulting delay.

3.8 Customer Dispute Resolution

If a customer is dissatisfied with the final product or experiences issues with the delivery of the project, Flotnar encourages open communication to resolve the matter. Customers are required to contact us directly to discuss any disputes before initiating a formal dispute through PayPal or any other payment platform. We will work to resolve any concerns through direct communication and mutual agreement.

If a resolution cannot be reached, any disputes will be handled in accordance with the dispute resolution process outlined in Section 8 of these Terms, which includes options for mediation or arbitration.

3.9 No Grace Period for Cancellations

Flotnar does not offer a grace period for cancellations once payment has been made and work has begun. Because our work often starts immediately upon receiving payment, we cannot accommodate cancellation requests once the production process has started. However, we reserve the right to make exceptions in rare cases where the customer contacts us promptly and no significant work has been completed.

4. Delivery & Timeline

At Flotnar, we are committed to delivering high-quality custom music projects within the agreed-upon timelines. This section outlines our delivery process, timeline expectations, and how we manage delays and early deliveries. It also addresses the flexibility we require due to the creative nature of our work and the potential for unforeseen circumstances.

4.1 Delivery Commitments

Upon receiving an order and completing the necessary payment process, Flotnar will provide the customer with an estimated delivery date. The delivery timeline will depend on the complexity of the project, the involvement of additional musicians, and other factors such as the scope of revisions and the customer’s feedback during the production process.

While we strive to meet all delivery deadlines, customers should understand that music production is a creative process that can involve unforeseen challenges. These challenges may include the availability of musicians, studio time, or technical issues. Nonetheless, we will do our utmost to adhere to the agreed-upon timeline and communicate any necessary changes in a timely manner.

4.2 Estimated Delivery Timeline

The estimated delivery timeline provided to the customer at the time of the order is based on the current workload and the scope of the project. Standard delivery timelines range from [insert typical range, e.g., two weeks to a month], depending on the complexity of the music, the need for revisions, and whether additional musicians are required. More complex projects may require extended time, which will be discussed with the customer before the order is confirmed.

he delivery date will be provided along with the payment request, allowing customers to review both the price and deadline before deciding to proceed with the order. For projects involving multiple stages (e.g., songwriting, recording, mixing), we may also provide progress updates throughout the process.

4.3 Flexibility in Delivery

We build a certain level of flexibility into our delivery timelines to account for various factors that may impact production. As a creative team, we recognize that quality cannot be rushed, and there may be occasional delays beyond our control. Examples of factors that may influence delivery times include:

• Artist Availability: If specific musicians or vocalists are needed for a project and they are temporarily unavailable due to scheduling conflicts, this may delay the final delivery.
• Unforeseen Technical Issues: Music production relies on equipment, software, and studio availability. If we encounter technical difficulties or studio constraints, this may affect the timeline.
• Customer Feedback Delays: We rely on timely feedback from customers during the production process. If a customer takes longer than expected to provide input, approve stages of the project, or request revisions, this could extend the delivery timeline.

To accommodate these potential factors, Flotnar reserves the right to adjust delivery timelines when necessary. In all cases, we will communicate any changes to the customer as early as possible and provide a revised estimated delivery date.

4.4 Buffer Period for Delays

While we aim to meet delivery deadlines, we allow a buffer period of up to one week beyond the agreed-upon delivery date to account for any unexpected delays. During this buffer period, no penalties or disputes may be initiated by the customer, provided that Flotnar has communicated the delay and kept the customer informed of the revised timeline.

If a delay is expected to extend beyond the buffer period, we will offer the customer the option of a partial refund or a further revised timeline, depending on the circumstances of the delay and the progress made on the project.

4.5 Extreme Situations & Force Majeure

In rare cases, extreme situations may arise that prevent Flotnar from delivering the project within the agreed timeline or buffer period. Examples of such situations include, but are not limited to:

• Illness or Injury: If a key musician, vocalist, or producer involved in the project is incapacitated due to illness or injury, this may delay the completion of the project.
• Natural Disasters or Unforeseen Events: Events such as natural disasters, power outages, or political instability that disrupt our ability to produce or deliver the project may result in extended delays.

In the event of a force majeure (an extraordinary event beyond our control), Flotnar will notify the customer as soon as possible and discuss alternative options, including extending the timeline or offering a partial refund if the project cannot be completed within a reasonable time frame.

4.6 Handling Strict Deadlines

We understand that some projects may have strict deadlines, particularly for events like birthdays, anniversaries, or public performances. If the customer specifies a strict deadline during the ordering process, Flotnar will take all reasonable steps to meet that deadline. However, if the deadline is missed due to factors beyond our control, the customer may be eligible for a partial refund, as detailed in Section 3.6.

Customers with strict deadlines are advised to clearly communicate this at the time of placing their order so that we can prioritize their project accordingly. Flotnar reserves the right to decline orders if we determine that the requested deadline cannot be met without compromising the quality of the final product.

4.7 Early Delivery

In some cases, Flotnar may deliver the final product earlier than the estimated delivery date. Early delivery is possible when the production process progresses smoothly, and no significant revisions or delays occur. Customers should note that early delivery does not affect the agreed-upon payment terms or any licensing agreements.

We strive to maintain flexibility in our delivery timelines, and early delivery is considered a positive outcome. Customers who receive their product early may still request minor revisions, as outlined in Section 3, provided that they adhere to the revision guidelines and timelines.

4.8 Delivery of Final Product

The final music product will be delivered digitally via the customer’s preferred method, typically through email or file-sharing services like Google Drive or Dropbox. Upon delivery, the customer will receive:

• The final music file in a high-quality format (e.g., WAV or MP3).
• Any additional files requested as part of the project (e.g., instrumental versions, stems, or alternate mixes).
• A summary of any licensing agreements or usage rights, as agreed upon during the order process.

Customers are responsible for ensuring that they provide a valid email address or file-sharing contact to receive the final product. Flotnar is not responsible for delays caused by incorrect or outdated contact information provided by the customer.

4.9 Customer Responsibility in Delivery Process

To ensure timely delivery, customers are responsible for:

• Providing Timely Feedback: Customers must provide feedback at key stages of the production process, including the approval of lyrics, music arrangements, and drafts. Delays in providing feedback may result in extended delivery times, and Flotnar will not be held responsible for such delays.
• Responding to Communication: Flotnar will communicate with the customer throughout the project, and timely responses are necessary to keep the project on track. If a customer does not respond to communications within a reasonable period, the delivery timeline may be extended.
• Submitting Required Files or Information: If the customer is required to submit files (e.g., lyrics, reference tracks, or visual materials), they must do so promptly. Failure to provide necessary materials may delay the project, and Flotnar is not responsible for delays caused by missing or incomplete information.

4.10 Disputes Over Delivery

If the customer believes that the final product was not delivered within the agreed-upon timeline or buffer period, they must contact Flotnar directly to discuss the situation. We encourage customers to address any concerns with delivery before initiating a dispute through PayPal or another payment platform.

Flotnar will review the circumstances of the project and determine whether the delay was caused by factors within our control or due to customer actions. If the delay was within our control, we will work to resolve the issue through a partial refund, revised delivery, or other agreed-upon means.

4.11 Revisions Affecting Delivery Timelines

As outlined in Section 3, customers are entitled to one free revision for minor changes. However, if the requested revisions require significant reworking of the project (e.g., major revisions), this may extend the delivery timeline. Flotnar will communicate any changes to the timeline caused by revisions, and customers will be provided with an updated delivery estimate if necessary.

Major revisions that significantly impact the timeline will incur additional charges, as discussed in Section 3.2, and may require a new agreement regarding the final delivery date.

5. Payments & Refunds

This section outlines Flotnar’s policies regarding payments for services, the process for handling disputes over payments, and the limited circumstances under which refunds may be considered. These policies are designed to ensure fairness while protecting the financial stability of our team, who depend on upfront payments to cover the costs of creating custom music.

5.1 Payment Process

Flotnar operates on a prepayment basis. Once the customer has submitted their request for a custom music project, a payment link will be sent to the customer via email. Payment is required upfront, and we do not begin work on any project until full payment has been received. The primary payment method is PayPal, but we may also accept payments through Revolut or direct bank transfer upon special request.

The customer acknowledges that by submitting payment, they are agreeing to the terms set forth in this document and any additional conditions specified during the order process. Payments must be made in the currency specified in the order confirmation, typically Euros (EUR).

Upon receipt of payment, the customer will receive a confirmation email that includes the details of the project, estimated delivery date, and any relevant licensing terms. This confirmation serves as the contract between Flotnar and the customer, and work will begin shortly thereafter.

5.2 Non-Refundable Payments

Due to the custom nature of the services provided, all payments are final once the work has commenced. Once payment is received and work begins, the customer is not entitled to a refund, even if they decide to cancel the order or are dissatisfied with the creative direction of the project.

This policy is in place because the production of custom music requires a significant investment of time, effort, and resources. Musicians, vocalists, and sound engineers are often contracted and paid based on the customer’s order, and these costs cannot be recovered once work has started.

5.3 Handling Payment Disputes

In the event of a dispute over payment or the final product, Flotnar strongly encourages customers to contact us directly before initiating a formal dispute through PayPal or any other payment platform. We are committed to resolving disputes amicably and in a timely manner, and we will make every effort to address customer concerns.

Customers must notify Flotnar of any payment disputes within 14 days of receiving the final product. After this period, no further claims related to the payment will be considered. During this time, we will review the dispute and work with the customer to reach a mutually agreeable resolution.

If a dispute is initiated through a payment platform without prior communication with us, Flotnar reserves the right to terminate the customer’s access to further revisions or services. In such cases, we will present our case to the payment platform, including evidence of the work completed and communication records, to resolve the dispute.

5.4 Partial Refunds and Eligibility

While refunds are generally not available once work has begun, there are certain circumstances under which partial refunds may be considered, as discussed in Section 3.6. These include significant delays beyond the buffer period, major errors in the final product that cannot be resolved through revisions, or mutual agreement to cancel the project.

The amount of the partial refund will be calculated based on the amount of work completed at the time the refund is requested. For example, if recording and production have been completed, but the final mix has not yet been delivered, the customer may be eligible for a partial refund of the remaining uncompleted work.

Partial refunds are only offered under the following conditions:

• Significant Delays Beyond the Buffer Period: If Flotnar fails to deliver the final product within the agreed-upon timeline and buffer period, the customer may request a partial refund, depending on the circumstances of the delay and the work completed to date.
• Major Errors in the Final Product: If the final product contains significant errors (e.g., incorrect lyrics, missing instrumental sections) that cannot be corrected through revisions, a partial refund may be granted. This applies only if the errors were caused by Flotnar and not by a misunderstanding or change in the customer’s requirements after work has begun.
• Mutual Agreement to Cancel: In rare cases where both Flotnar and the customer agree that the project cannot be completed satisfactorily due to unforeseen circumstances, a partial refund may be granted based on the work completed at the time of cancellation.

In all cases, the amount of the partial refund will be proportional to the scope of the work completed. Flotnar will provide a clear breakdown of the costs incurred and the refund amount offered.

5.5 No Refunds for Customer Cancellations

Flotnar does not offer refunds if the customer decides to cancel the project after payment has been made and work has commenced. Customers are advised to carefully consider their order and communicate any concerns or changes before work begins.

Once work has started, the costs associated with musicians, studio time, and other resources cannot be refunded. This policy is in place to protect the financial stability of the band and ensure that our team is compensated for their time and effort.

If the customer chooses to cancel the project mid-production, no refund will be issued for the work already completed. However, we may offer flexibility in terms of allowing the customer to apply their payment toward a future project or revision, depending on the circumstances and the progress made on the current project.

5.6 No Refunds for Creative Differences

Flotnar works closely with customers throughout the production process to ensure that the final product meets their expectations. However, it is important to recognize that music is a subjective art form, and personal preferences may vary. As such, refunds will not be granted based on creative differences or dissatisfaction with the final product’s artistic direction.

Customers are encouraged to provide detailed instructions and feedback during the production process to avoid misunderstandings. If a customer is dissatisfied with the final product, they may request a revision as outlined in Section 3. If the revision request is minor and within the scope of the project, it will be completed at no additional cost. However, if major revisions are required, additional fees may apply.

5.7 No Grace Period for Payment Cancellations

Flotnar does not offer a grace period for payment cancellations. Once payment is made and work begins, the order is considered final, and the customer is not eligible for a refund if they change their mind or decide not to proceed with the project. Customers are advised to carefully review their order details and confirm their commitment before making payment.

However, Flotnar reserves the right to make exceptions in rare cases where no significant work has been completed, and the customer contacts us promptly after making payment. In such cases, we may offer a partial refund or credit toward a future project, at our sole discretion.

5.8 Payment Dispute Resolution Process

If a customer believes that there has been a mistake in the payment process or if they wish to dispute a charge, they must first contact Flotnar directly to discuss the issue. We will work to resolve the dispute through communication and mutual agreement. If a resolution cannot be reached, the customer may initiate a formal dispute through the payment platform used to process the transaction (e.g., PayPal).

During the dispute resolution process, Flotnar will provide evidence of the work completed, communication records, and any other relevant documentation to support our case. We are committed to resolving disputes fairly and efficiently while protecting the rights of both parties.

5.9 Chargebacks and Fraud Prevention

Flotnar takes fraud prevention seriously and reserves the right to investigate any suspicious activity related to payments or chargebacks. If a customer initiates a chargeback without first contacting us to resolve the issue, we will provide documentation to the payment processor to contest the chargeback and protect our business from fraudulent claims.

Customers who engage in fraudulent activity, including issuing false chargebacks or attempting to obtain services without payment, will be banned from using our services in the future. In such cases, Flotnar may pursue legal action to recover any losses incurred.

5.10 Payment for Additional Services

If a customer requests additional services, such as hiring extra musicians, purchasing an exclusive license, or commissioning a new project, these services will be billed separately from the original order. Payment for additional services must be made in advance, following the same prepayment process outlined in this section.

Customers will receive a detailed quote for any additional services, including a breakdown of the costs and the timeline for completion. Once payment is received, work on the additional services will begin.

6. Customization Options

At Flotnar, we offer a variety of customization options to suit the unique needs of our clients. This section details the process for requesting additional services or specific musicians, the flexibility in pricing, and how we handle special customer requests. These terms are designed to ensure that customers can tailor their projects to their specific requirements while maintaining transparency in pricing and service delivery.

6.1 Hiring Additional Musicians

Flotnar provides customers with the option to hire additional musicians beyond our core band members. These musicians can bring unique sounds and styles to the project, allowing for a more personalized or intricate music composition. Customers may request specific types of musicians, such as a flutist, guitarist, or percussionist, based on their musical preferences, or such a musician may be recommended to them if we believe it will enhance their song.

Each additional musician will have a set fee for their participation, which will be communicated to the customer during the order process. This fee will be determined by the musician’s rate, the complexity of the project, and the amount of time required to complete the work. The customer will be responsible for covering this additional cost, which will be added to the base price of the project.

6.2 Fee Structure for Additional Musicians

The fee structure for hiring additional musicians is flexible, as it depends on the musician’s rate and the scope of their involvement in the project. The pricing may vary for different musicians based on their expertise, the time required, and the specific needs of the project. For example:

• Flat Fee: Some musicians may charge a flat fee for their participation, which covers their time for recording, rehearsing, and performing the necessary parts. This fee will be agreed upon before work begins.
• Hourly Rate: In cases where the musician’s involvement is more extensive, an hourly rate may be applied. This rate will be communicated to the customer upfront, and the total cost will be calculated based on the actual hours worked.
• Case-by-Case Pricing: If the project requires a highly specialized musician or a unique instrument, the pricing may be negotiated on a case-by-case basis. This allows for flexibility depending on the customer’s request and the availability of the musician.

Flotnar will act as the intermediary between the customer and the additional musicians. Customers will communicate their needs directly to Flotnar, and we will coordinate with the musicians to ensure that the final product meets the customer’s expectations. The customer will not be responsible for directly negotiating with the musicians, as Flotnar will handle all contractual and financial arrangements.

6.3 Custom Instruments or Sounds

In addition to hiring specific musicians, customers may request the use of custom instruments or sounds in their music project. This could include traditional folk instruments, modern electronic sounds, or other unique elements that enhance the overall composition.

Requests for custom instruments or sounds will be handled on a case-by-case basis. If the requested instrument is available within our network of musicians, we will arrange for its inclusion in the project. If the instrument is not available, we will communicate with the customer to discuss alternative options or potential additional costs for sourcing the instrument.

Customers should provide clear instructions regarding the type of sound they are looking for, as well as any reference tracks or examples that can guide our musicians in creating the desired effect. This ensures that the final product aligns with the customer’s vision.

6.4 Custom Song Arrangements

Flotnar offers customers the ability to customize the arrangement of their song, including the structure, instrumentation, and lyrical content. Customers can specify the following elements:

• Song Structure: The customer may request a specific structure for the song, such as verse-chorus-verse or a more complex arrangement. This is particularly relevant for projects like film scores, where the music needs to align with specific scenes or transitions.
• Instrumentation: Customers can specify the type and number of instruments they want in the song. This could include traditional folk instruments (e.g., accordion, violin) or more modern elements (e.g., electric guitar, synths). If a particular instrument is requested but unavailable, we will offer suitable alternatives.
• Lyrical Content: Customers may provide their own lyrics or request that we write original lyrics based on their concept. If the customer provides their own lyrics, they must ensure that they have the legal rights to use those lyrics. Flotnar will not be held liable for any third-party claims related to the use of customer-provided lyrics.

Custom arrangements may involve additional costs depending on the complexity of the request and the involvement of additional musicians or instruments. These costs will be communicated to the customer before work begins, and any changes to the arrangement during production may result in additional charges.

6.5 Case-by-Case Flexibility in Pricing

Flotnar values flexibility in pricing, particularly when it comes to custom requests. Each customer’s project is unique, and we understand that some projects may require a tailored approach. As such, we offer the ability to adjust pricing based on the specific needs and scope of the project.

Customers are encouraged to discuss their budget and project requirements with us upfront so that we can offer the most appropriate pricing model. We may offer discounts for bulk orders or recurring clients, as well as special pricing for larger projects that involve extensive customization or multiple musicians.

While we aim to provide competitive pricing, we also ensure that our musicians are fairly compensated for their time and effort. The final price for any custom project will reflect the complexity, time commitment, and resources involved.

6.6 Bartering and Negotiation

In some cases, Flotnar is open to bartering or negotiating prices, depending on the nature of the project and the customer’s needs. This flexibility allows us to accommodate customers with varying budgets while ensuring that we can deliver high-quality work.

Negotiation may involve adjusting the scope of the project to fit within the customer’s budget. For example, a customer may choose to reduce the number of musicians involved or opt for a simpler arrangement in exchange for a lower price. Similarly, customers may request a payment plan if the project involves a significant upfront cost.

However, any negotiated terms must be agreed upon in writing before work begins, and once a price is agreed upon, no further adjustments will be made unless additional services are requested during the project.

6.7 Future Customization Options

As Flotnar expands, we plan to introduce additional customization options that will allow customers to further personalize their music projects. These options may include:

• Rush Delivery: For an additional fee, customers may request expedited delivery of their project. This service will prioritize their order and reduce the typical production timeline, subject to the availability of our team and musicians.
• Exclusive Rights to the Song: Customers who wish to own the exclusive rights to the music (i.e., no other customer can use the same song) may negotiate a fee for exclusive licensing. This service will ensure that the song is not used in any other projects, though Flotnar retains the right to use the song in its own promotional materials unless otherwise agreed.
• Premium Instrumentation: Customers may request access to premium instruments or high-end studio equipment, which can enhance the quality of the final product. This may involve additional costs based on the equipment required and the musicians involved.

These future customization options will be added to our Terms and Conditions as they become available, ensuring that customers always have the ability to tailor their projects to their specific needs.

6.8 Communication During Customization

Flotnar encourages regular communication between the customer and our team during the customization process. Customers can provide input at various stages of the project, including:

• Initial Consultation: During this stage, the customer can discuss their vision for the project, including the type of customization they require. This is where all initial details are gathered, including the project scope, pricing, and timeline.
• Progress Updates: Throughout the production process, we will provide updates to the customer, including rough drafts or samples of the work in progress. This allows the customer to give feedback and request minor adjustments before the final product is delivered.
• Final Review: Once the project is complete, the customer will have the opportunity to review the final product and request any minor revisions as outlined in Section 3.

Customers should ensure that they are responsive to communications, as delays in providing feedback may impact the delivery timeline and the overall project cost.

6.9 Limitations on Customization

While we strive to accommodate all customization requests, there are certain limitations to what can be provided. These limitations may include:

• Technical Feasibility: Certain customizations may not be technically feasible based on the available equipment, software, or musicians. In such cases, we will discuss alternative solutions with the customer.
• Time Constraints: If the customer requests a customization that requires an extensive amount of time or resources, it may not be possible to meet the original delivery deadline. We will inform the customer of any changes to the timeline and adjust the project scope accordingly.
• Legal Restrictions: Customers are responsible for ensuring that any materials they provide (e.g., lyrics, reference tracks) do not violate copyright laws. Flotnar reserves the right to decline customization requests that involve copyrighted material without proper authorization.

7. Future Updates

As Flotnar evolves and expands its services, we anticipate introducing new features, musicians, and customization options that will enhance the customer experience. This section explains how we manage future updates to our services, how these updates affect existing customer orders, and what legal protections are in place to govern future changes.

7.1 Expansion of Services

Flotnar is committed to growing its range of services and enhancing the musical experience we offer. As part of this growth, we may introduce new features such as:

• Additional Musicians for Hire: As our network of musicians expands, customers will have access to a wider variety of instrumentalists and vocalists, each offering unique styles and sounds. This expansion will allow for more diverse customization options, giving customers greater flexibility when creating their projects.
• New Instruments and Sounds: We may also introduce access to a broader range of instruments, both traditional and modern, which can be incorporated into customer projects upon request.
• Premium Services: Future premium services may include rush delivery, exclusive rights to compositions, or enhanced sound quality using high-end studio equipment. These premium services will come with their own pricing structures and terms, which will be communicated to the customer before ordering.

As these new services and features become available, they will be incorporated into these Terms and Conditions. Customers will be notified of significant changes to our offerings through updates on our website or via direct communication, ensuring transparency as our service portfolio evolves.

7.2 Protection of Current Orders

Any changes or updates to our services will not affect existing orders unless the customer specifically requests to take advantage of new features or options. For example, if Flotnar introduces new musicians or premium services after a customer has placed an order, the customer’s original terms will remain valid, and the project will be completed as agreed upon when the order was confirmed.

However, customers may choose to modify their order to include new services, provided that these modifications are requested before significant work has been completed on the project. Any such requests must be communicated to Flotnar promptly, and the customer will be responsible for covering any additional costs associated with the new services.

7.3 Updates to Terms and Conditions

As Flotnar grows and our services evolve, we reserve the right to update or modify these Terms and Conditions to reflect changes in our business practices, legal requirements, or customer needs. Customers will be bound by the most current version of the Terms and Conditions at the time they place their order.

Flotnar will make reasonable efforts to notify customers of any significant updates to these Terms, either through a notification on our website or direct communication. However, we are not obligated to provide individual notifications for minor updates that do not materially impact the customer’s use of our services.

Customers are encouraged to review the Terms and Conditions periodically to stay informed about any changes that may affect their future orders. The current version of the Terms will always be available on our website.

7.4 Application of Updated Terms

For any order placed after the date of an update, the new version of the Terms and Conditions will apply. However, if a customer places an order before an update and the project is still in progress, the original Terms that were in effect at the time of the order will govern that specific project.

For example, if Flotnar introduces new pricing structures or additional services after a customer has placed their order, the customer will not be required to pay the updated prices or adhere to the new terms, unless they request to incorporate new services into their existing project.

7.5 Notification of Significant Changes

In the event of significant changes to our services, such as the introduction of new pricing models, major updates to the revision process, or the addition of premium licensing options, Flotnar will notify existing customers who may be affected by these changes. Notifications will typically be sent via email.

These notifications will provide a summary of the changes, as well as guidance on how these changes might affect future orders. Customers with active projects may contact us to discuss how updates may impact their ongoing work, and any necessary accommodations will be made on a case-by-case basis.

7.6 Customer Rights During Updates

Flotnar respects the rights of its customers during periods of transition and growth. If significant updates to our Terms and Conditions or services impact the customer’s ability to complete their project as originally agreed upon, we will work with the customer to find a suitable resolution. This may include:

• Offering the option to complete the project under the original terms.
• Providing access to newly introduced services at no additional cost if it benefits the customer’s project.
• Offering a partial refund or credit toward a future project if the changes negatively impact the customer’s order.

We are committed to maintaining open communication with our customers and ensuring that any updates are implemented in a way that does not disrupt the quality of service or the agreed-upon delivery timeline.

7.7 Governing Law and Future Changes

As a Croatia-based business, Flotnar operates under Croatian law. Any updates or changes to our services or terms will comply with Croatian legal standards and international business practices, particularly regarding intellectual property, data privacy, and customer rights.

If legal requirements change in Croatia or in any of the regions where our customers are located, Flotnar will update its policies accordingly to remain compliant. In such cases, customers may receive notifications regarding legal updates that affect their rights, particularly in relation to data privacy or dispute resolution.

7.8 Future Expansion and Service Growth

As Flotnar continues to grow, we may expand our services to new markets or introduce additional service categories, such as:

• Live Performances: Offering customers the option to hire Flotnar for live virtual performances or recorded concerts.
• Collaborations with Other Artists: Expanding our network to include collaborations with international musicians and producers, allowing for more diverse project offerings.
• Music Licensing for Commercial Purposes: Flotnar may offer expanded licensing options for customers who wish to use our music in large-scale commercial projects, such as films, advertisements, or television programs.

Any future expansion of our services will be carefully integrated into our existing framework, ensuring that our current and future customers receive consistent quality and clear terms for all new offerings.

7.9 Updates to Customer Agreements

If significant updates are made to these Terms and Conditions, customers with active projects will not be required to agree to the new terms for their ongoing project unless the changes specifically benefit the project. However, customers placing new orders after the updates will be bound by the latest version of these Terms.

In situations where a customer’s ongoing project may be positively affected by updates (e.g., access to new musicians, improved services), we will communicate the benefits to the customer and offer them the option to incorporate the changes into their current project.

Customers are free to reject any updates that negatively impact their current project, and Flotnar will continue to deliver the project under the original terms agreed upon.

7.10 Customer Feedback and Input

Flotnar values feedback from our customers and uses it to inform future updates and service improvements. Customers are encouraged to share their experiences and suggestions with us, as this helps shape the direction of our business and ensures that our services continue to meet customer expectations.

If customers have specific requests for new features, customization options, or changes to our services, they may contact Flotnar directly to discuss these ideas. We are always open to considering customer input as we develop new offerings and improve our existing processes.

8. Governing Law & Jurisdiction

Given that Flotnar operates out of Croatia but serves an international clientele, it is essential to clarify the legal framework governing any agreements, transactions, and disputes. This section outlines the laws that apply to our services, how disputes will be resolved, and the jurisdictions that hold authority over legal matters.

8.1 Governing Law

All transactions, services, and agreements between Flotnar and its customers are governed by the laws of the Republic of Croatia. By using our services and agreeing to these Terms and Conditions, customers acknowledge that any legal matters will be handled under Croatian law. This includes, but is not limited to, issues relating to:

• Intellectual Property: All intellectual property rights regarding the music we produce are governed by Croatian law, and any disputes over ownership or licensing will be resolved according to Croatian legal standards.
• Contract Law: The agreements made between Flotnar and its customers, as outlined in these Terms, are binding under Croatian contract law.
• Data Privacy: The collection and use of customer data by Flotnar are subject to Croatian data protection laws, which adhere to the European Union’s General Data Protection Regulation (GDPR).

By agreeing to these Terms, customers also agree to waive the applicability of any conflicting laws from their own jurisdiction. Customers located in the USA, UK, or any other country acknowledge that Croatian law will supersede local laws in the event of a conflict.

8.2 International Clients

As many of Flotnar’s customers are based outside of Croatia, particularly in the USA and UK, it is important to clarify that while Croatian law governs the contract, Flotnar recognizes the need to ensure that its services meet international business standards. We are committed to fair business practices and operate in compliance with international trade laws, including:

• Intellectual Property Rights in Other Jurisdictions: While Croatian law governs intellectual property disputes, we also take steps to ensure that our licensing practices comply with the relevant laws in other countries, particularly where customers use our music in public or commercial contexts.
• Data Privacy for International Customers: For customers outside the European Union, Flotnar adheres to international data privacy standards, including compliance with the California Consumer Privacy Act (CCPA) for customers in the USA and similar frameworks in other jurisdictions.
• Fair Business Practices: We operate in accordance with international principles of fairness and transparency, ensuring that customers are treated equitably regardless of their location.

Customers from countries outside Croatia should be aware that any legal disputes will be resolved under Croatian law, as outlined in these Terms.

8.3 Jurisdiction

For the purposes of resolving disputes, the competent courts in Zagreb, Croatia will have exclusive jurisdiction. This means that any legal action taken in connection with these Terms and Conditions must be brought before a Croatian court. Customers agree to submit to the jurisdiction of Croatian courts for the resolution of any disputes arising from the use of Flotnar’s services.

8.4 Dispute Resolution

Before pursuing any legal action, Flotnar encourages customers to contact us directly to resolve disputes through negotiation or mediation. We are committed to resolving issues as efficiently and amicably as possible, and we believe that most disputes can be settled without the need for formal legal action.

If a dispute cannot be resolved through communication, customers and Flotnar may agree to resolve the issue through mediation or arbitration before proceeding to court. Mediation and arbitration provide a cost-effective, less adversarial alternative to litigation, and can often result in faster resolutions.

• Mediation: A neutral third party will be appointed to facilitate discussions between Flotnar and the customer, helping both parties reach a mutually agreeable solution. Mediation is non-binding, meaning that either party can still pursue legal action if no agreement is reached.
• Arbitration: In arbitration, a neutral arbitrator is appointed to make a binding decision on the dispute. Arbitration is typically faster and less formal than court proceedings, and the arbitrator’s decision is final and enforceable.

8.5 Limitation of Liability for International Disputes

Because Flotnar works with clients across the globe, it is important to limit liability in cases where disputes may arise due to differences in legal standards across jurisdictions. Customers acknowledge that the following limitations apply:

• Cross-Border Claims: Any cross-border claims (e.g., claims made by customers located in the USA or UK) will be subject to Croatian law, regardless of local regulations or laws in the customer’s home country. This means that customers cannot pursue legal action based on laws from their own country if those laws conflict with Croatian law.
• Foreign Enforcement of Judgments: Customers outside Croatia acknowledge that any legal judgments made in Croatian courts must be enforced in their own jurisdiction through appropriate legal channels. Flotnar is not responsible for ensuring that foreign courts will enforce Croatian judgments.

8.6 Disputes Involving Intellectual Property

In cases where a dispute arises regarding the ownership or usage of the intellectual property created by Flotnar, such disputes will be governed by Croatian copyright law, and the jurisdiction of Croatian courts will apply.

• Music Usage and Licensing Disputes: If a customer improperly uses Flotnar’s music in a manner that violates the licensing agreement, the dispute will be handled in accordance with Croatian intellectual property law. Flotnar retains the right to pursue legal action in Croatian courts to enforce the terms of the license and protect our intellectual property.
• International Intellectual Property Claims: If a customer based outside Croatia uses the music in a manner that violates intellectual property laws in their own country, Flotnar may pursue legal action in that jurisdiction as well, depending on the nature of the violation and its impact on our rights. However, Croatian law will remain the governing law for the original contract.

8.7 Cross-Border Enforcement of Terms

Flotnar takes steps to ensure that its services and agreements are enforceable in multiple jurisdictions. Customers agree to abide by these Terms and Conditions regardless of their location and recognize that any breach of these terms may result in legal action in Croatian courts.

If Flotnar is required to take legal action against a customer in their home jurisdiction (e.g., to enforce a payment or resolve a dispute), the customer agrees to cover any legal costs associated with enforcing the judgment. This includes the cost of international legal representation and any other expenses incurred in pursuing the claim.

8.8 Waiver of Certain Jurisdictional Rights

By agreeing to these Terms and Conditions, customers waive the right to challenge the jurisdiction of Croatian courts or the application of Croatian law. This waiver is designed to streamline the dispute resolution process and ensure that any legal issues can be resolved efficiently.

Customers from countries outside Croatia agree that they will not pursue legal action in their home country’s courts if it conflicts with the jurisdictional provisions outlined in this document. Instead, all legal matters will be handled in accordance with Croatian law and in Croatian courts.

8.9 Governing Law for Data Privacy

Flotnar is committed to protecting the privacy of its customers, and all data collected will be handled in accordance with Croatian data protection laws and the General Data Protection Regulation (GDPR) for European Union customers.

For customers located outside the EU, we will comply with international data protection standards, including the California Consumer Privacy Act (CCPA) for US-based customers. However, any disputes regarding data privacy will still be subject to Croatian law and the jurisdiction of Croatian courts.

Customers concerned about data privacy or cross-border data transfers may contact Flotnar to discuss their rights and how we handle their information under Croatian law.

8.10 Customer Agreement to Terms

By placing an order with Flotnar, customers agree to be bound by the laws and jurisdiction outlined in this section. Customers are encouraged to seek independent legal advice if they have any concerns about the application of Croatian law or the jurisdiction of Croatian courts.

Customers who do not agree to these terms should refrain from using Flotnar’s services or placing orders. Once an order is placed, the customer’s agreement to these terms is legally binding, and all disputes will be handled in accordance with the provisions outlined here.

9. Customer Conduct & Responsibilities

At Flotnar, we strive to maintain a respectful and productive working environment. This section outlines the expectations we have for customer conduct, their responsibilities during the project process, and the actions we reserve the right to take in response to misuse of our services. By placing an order with Flotnar, customers agree to abide by the following conduct and responsibility guidelines.

9.1 Respectful Communication

Customers are expected to communicate with Flotnar in a respectful and professional manner. We value open dialogue and appreciate the collaborative nature of our work. However, we do not tolerate abusive or disrespectful behavior. Examples of inappropriate behavior include, but are not limited to:

• Verbal Abuse or Harassment: Use of offensive language, threats, or harassment during any form of communication (email, phone, WhatsApp, etc.).
• Disrespecting Band Members or Staff: Any derogatory remarks or unfounded criticism directed at Flotnar’s musicians, staff, or collaborators.
• Unreasonable Demands: Excessive demands or unreasonable expectations that are outside the scope of the original project agreement.

In cases where a customer engages in disrespectful or abusive behavior, Flotnar reserves the right to terminate the project and withhold any refunds. We are committed to maintaining a positive working environment and will not tolerate conduct that disrupts this goal.

9.2 Customer Responsibility for Providing Accurate Information

Customers are responsible for providing accurate, complete, and timely information regarding their project. This includes:

• Project Specifications: Clear and detailed instructions on the desired music composition, including genre, instrumentation, lyrical content (if applicable), and any other relevant information.
• Reference Materials: If a customer provides reference tracks, lyrics, or other materials, they must ensure that these materials are accurate and free of any legal encumbrances (e.g., copyright violations). Flotnar will not be held responsible for errors that arise from inaccurate or incomplete information provided by the customer.
• Feedback During Production: Timely feedback is essential to ensure that the project meets the customer’s expectations. Customers must respond to requests for approval or clarification in a timely manner to avoid delays in the production process.

If the customer provides inaccurate or incomplete information that leads to errors or delays in the project, Flotnar is not responsible for the resulting issues. In such cases, any revisions or corrections may incur additional charges, depending on the scope of the changes required.

9.3 Use of Final Product

Once a custom music project has been delivered to the customer, the customer agrees to use the final product in accordance with the licensing terms agreed upon at the time of purchase. Customers are responsible for ensuring that their use of the music complies with these terms, including any restrictions on distribution, public performance, or commercial use. Key responsibilities include:

• No Unauthorized Distribution: The customer agrees not to distribute, sell, or sublicense the music beyond the scope of the agreed-upon license. If the customer wishes to use the music in a way that was not covered by the original agreement (e.g., commercial use or distribution to third parties), they must contact Flotnar to negotiate an appropriate license.
• Proper Attribution: When using the music in public or commercial projects, customers are required to credit Flotnar as the creators of the composition. Failure to provide proper attribution may result in legal action to protect Flotnar’s intellectual property rights.
• Avoiding Misuse of the Music: Customers must avoid using the music in offensive, defamatory, or illegal contexts. Flotnar reserves the right to request the removal of the music if it is used in a manner that harms our reputation or violates the agreed-upon terms.

9.4 Prohibited Uses of the Music

In addition to the responsibilities outlined above, customers agree to refrain from using the music in ways that violate public policy or harm third parties. Examples of prohibited uses include:

• Illegal Activities: Customers are prohibited from using the music in connection with illegal activities, including, but not limited to, hate speech, violence, discrimination, or any form of criminal enterprise.
• Defamatory or Offensive Contexts: Customers may not use the music in projects that promote defamatory, offensive, or harmful messages. Flotnar reserves the right to request that such content be removed if we believe it violates our ethical standards or harms our reputation.
• Unauthorized Public Performances or Broadcasting: If the customer wishes to use the music in public performances, broadcasts, or monetized media (e.g., YouTube, podcasts, advertisements), they must ensure that the appropriate license has been secured. Unauthorized public performances or commercial use may result in the termination of the customer’s license and legal action.

9.5 Requesting Revisions and Making Changes

As outlined in Section 3, customers are entitled to one free revision for minor changes. However, customers are responsible for clearly articulating their desired changes within the scope of the free revision. If further revisions or major changes are requested, the customer must agree to the additional costs associated with these changes.

If a customer requests revisions that deviate from the original project agreement or significantly alter the scope of the project, Flotnar reserves the right to decline the revision or negotiate new terms for the additional work.

Customers should understand that major revisions may require extended delivery timelines, as discussed in Section 4, and that additional costs may be incurred for significant changes to the project.

9.6 Customer Responsibility for Payments

Customers are responsible for ensuring that payments are made on time and through the agreed-upon payment methods (e.g., PayPal, Revolut, or bank transfer). Failure to make timely payments may result in delays to the project or termination of the agreement.

• Upfront Payment Requirement: As outlined in Section 5, Flotnar operates on a prepayment basis. The customer must submit full payment before any work begins on the project. If the customer fails to make the required payment within the specified time frame, Flotnar reserves the right to cancel the project and offer the slot to another client.
• Non-Payment or Payment Disputes: If a customer fails to make payment after work has commenced, or if a payment dispute is initiated without valid grounds, Flotnar reserves the right to terminate the project and withhold any work completed to date. In cases of non-payment or disputed charges, Flotnar may pursue legal action to recover the costs of the project and any associated legal fees.

9.7 Right to Refuse Service

Flotnar reserves the right to refuse service to any customer who engages in abusive behavior, violates these Terms, or otherwise disrupts the project process. We may also refuse service if we believe that the customer’s request is incompatible with our creative direction, ethical standards, or the availability of our musicians and staff.

In cases where we refuse service after a project has already commenced, we will offer a full or partial refund depending on the amount of work completed and the reasons for termination. However, if the customer has violated these Terms (e.g., by engaging in abusive behavior or providing inaccurate information), Flotnar reserves the right to withhold any refunds.

9.8 Responsibility for Third-Party Collaborations

In cases where the customer brings third-party collaborators (e.g., additional musicians, lyricists, or producers) into the project, the customer is responsible for ensuring that these collaborators comply with Flotnar’s standards and terms. If third-party collaborators cause delays, disrupt the project, or violate these Terms, Flotnar reserves the right to terminate the project or renegotiate the terms of the agreement.

Customers who wish to collaborate with third-party artists must communicate this intention during the initial consultation, and any additional costs or logistical arrangements must be agreed upon before work begins. Flotnar is not responsible for the quality of work produced by third-party collaborators unless these collaborators have been directly contracted through Flotnar.

9.9 Use of Customer-Provided Materials

If a customer provides materials (e.g., lyrics, reference tracks, videos) for inclusion in the final product, the customer must ensure that they have the legal right to use these materials. This includes securing any necessary permissions, licenses, or clearances for copyrighted content.

Flotnar will not be held liable for any legal claims or disputes that arise from the customer’s use of third-party materials. Customers agree to indemnify and hold Flotnar harmless from any claims, damages, or legal actions resulting from the use of customer-provided materials.

9.10 Indemnification for Customer Conduct

Customers agree to indemnify and hold Flotnar harmless from any claims, damages, or legal actions arising from their misuse of the music or violation of these Terms. This includes, but is not limited to, claims related to:

• Unauthorized use of the music in commercial or public projects.
• Violations of copyright or intellectual property laws involving third-party materials.
• Harm caused to third parties as a result of defamatory, offensive, or illegal use of the music.

By placing an order with Flotnar, customers accept full responsibility for their actions and agree to comply with the legal and ethical standards outlined in these Terms.

10. Data Privacy

Flotnar is committed to protecting the privacy of its customers and handling personal data responsibly. This section outlines how we collect, store, use, and protect customer information in compliance with Croatian data protection laws, the European Union’s General Data Protection Regulation (GDPR), and other international privacy standards where applicable.

10.1 Collection of Customer Information

Flotnar collects personal information from customers in order to provide custom music services and ensure smooth communication throughout the project. The information collected includes, but is not limited to:

• Contact Information: This includes the customer’s first name, last name (optional), email address, and phone number (optional) for communication purposes, including updates on the project, payment processing, and delivery of the final product.
• Project-Specific Information: Customers may provide additional details regarding their project, such as lyrical content, reference tracks, or special instructions for the composition.
• Payment Information: While Flotnar does not directly store or handle payment information, customers are required to provide details through a secure third-party payment processor (e.g., PayPal). We do not retain or access sensitive payment details such as credit card numbers or bank account information.

All information is provided voluntarily by the customer during the order process, and it is collected solely for the purpose of fulfilling the customer’s project and ensuring smooth communication.

10.2 Use of Customer Data

Flotnar uses the personal data collected from customers exclusively for the purposes of:

• Project Management: Managing communication with the customer, providing updates on the progress of the project, and ensuring that the final product meets the customer’s specifications.
• Payment Processing: Facilitating payments through secure third-party payment processors such as PayPal. We do not store payment details beyond the confirmation of payment and the relevant transaction information.
• Service Improvement: Analyzing customer preferences, project requests, and feedback to improve our services. This data is anonymized and aggregated, and individual customer identities are not disclosed in this analysis.

Flotnar does not use customer data for marketing purposes unless the customer has explicitly consented to receive marketing communications. Customers will not receive promotional emails or newsletters unless they have opted into such communications during the order process.

10.3 Data Storage and Security

Flotnar is committed to ensuring that customer data is securely stored and protected from unauthorized access, misuse, or disclosure. To this end, we implement the following data protection measures:

• Secure Storage: Customer data is stored securely on encrypted servers protected by industry-standard security protocols. Access to these servers is restricted to authorized personnel only.
• Data Encryption: Any personal data transmitted between Flotnar and the customer (e.g., email communication, file transfers) is encrypted to prevent unauthorized interception.
• Third-Party Security: We only work with reputable third-party service providers (e.g., payment processors, cloud storage providers) that comply with relevant data protection regulations and use appropriate security measures to safeguard customer data.

Despite our best efforts to protect customer data, it is important to recognize that no system is completely secure. While we strive to ensure the security of our systems, customers acknowledge that they provide their personal data at their own risk. Flotnar is not responsible for any data breaches caused by third-party providers, but we will take immediate action to mitigate any such incidents and inform customers if their data is affected.

10.4 Data Retention

Flotnar retains customer data only for as long as it is necessary to fulfill the purpose for which it was collected. In general, the following retention periods apply:

• Project-Related Information: Data related to the customer’s project, including contact details, project instructions, and communication history, is retained for up to 12 months after the project’s completion. This allows us to reference past projects if the customer requires revisions, updates, or similar projects in the future.
• Payment Information: Transaction records, including payment confirmations and invoices, are retained for 5 years in compliance with Croatian financial regulations. However, sensitive payment details (e.g., credit card numbers) are not stored by Flotnar.
• Customer Inquiries: General inquiries from customers that do not result in a project may be retained for up to 6 months to help us improve our services and track customer interests.

After these retention periods, customer data will be securely deleted or anonymized, unless the customer requests that we retain their information for future projects. In such cases, data may be stored for a longer period, but only with the customer’s explicit consent.

10.5 Customer Rights

Under the GDPR and other applicable data protection laws, customers have the following rights regarding their personal data:

• Right to Access: Customers have the right to request access to the personal data that Flotnar holds about them. This includes information about the data collected, how it is used, and who has access to it.
• Right to Rectification: If a customer believes that the information we hold about them is inaccurate or incomplete, they have the right to request that it be corrected or updated.
• Right to Erasure: Customers may request the deletion of their personal data under certain circumstances, such as when the data is no longer necessary for the purpose for which it was collected or when the customer withdraws their consent for its use.
• Right to Restrict Processing: In some cases, customers may request that we restrict the processing of their personal data (e.g., if they contest the accuracy of the data or believe it is being processed unlawfully).
• Right to Data Portability: Customers have the right to request that their personal data be provided to them in a structured, commonly used format so that they can transfer it to another service provider if they wish.

Customers who wish to exercise any of these rights may contact Flotnar directly at “flotnarofficial@gmail.com”. We will respond to all legitimate requests within 30 days, in accordance with GDPR requirements.

10.6 Data Deletion Requests

Customers may request the deletion of their personal data at any time by contacting Flotnar. Upon receiving such a request, we will:

• Delete all personal data related to the customer’s project, including contact information, project files, and communication history, unless such data must be retained for legal or regulatory reasons (e.g., financial records).
• Confirm the deletion of the customer’s data within 30 days of receiving the request.

Customers should note that once their data has been deleted, Flotnar will no longer be able to provide revisions, updates, or references to past projects. Data deletion requests are final, and any future projects will require the customer to submit new information.

10.7 Data Sharing and Third Parties

Flotnar does not sell, trade, or otherwise share customer data with third parties for marketing purposes. The only circumstances in which customer data may be shared with third parties are:

• Service Providers: Flotnar may share customer data with trusted third-party service providers who assist us in delivering our services (e.g., payment processors, cloud storage providers). These providers are required to comply with data protection regulations and may only use the data for the specific purpose of providing their services to Flotnar.
• Legal Compliance: In the event that we are required to disclose customer data to comply with a legal obligation (e.g., a court order or regulatory requirement), we will do so in accordance with the applicable laws. Customers will be notified of any such disclosures unless we are legally prohibited from doing so.

We take steps to ensure that any third parties who process customer data on our behalf maintain the same level of data protection as required by Croatian law and GDPR.

10.8 International Data Transfers

As Flotnar works with customers around the world, there may be cases where customer data is transferred to countries outside the European Economic Area (EEA). In such cases, we ensure that appropriate safeguards are in place to protect customer data, in compliance with GDPR and other relevant data protection regulations.

For customers located outside the EEA, Flotnar will take steps to ensure that any data transfers are carried out in accordance with applicable international privacy standards, including the California Consumer Privacy Act (CCPA) for customers in the USA.

10.9 Changes to the Data Privacy Policy

Flotnar reserves the right to update or modify this Data Privacy Policy at any time. Customers will be notified of significant changes to this policy via email or an announcement on our website. Customers are encouraged to review this policy periodically to stay informed about how their data is being handled.

11. Indemnification & Liability

11.1 Indemnification

Customers agree to indemnify, defend, and hold harmless Flotnar, its members, musicians, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in connection with:

• The misuse of music provided by Flotnar.
• The violation of any terms outlined in this agreement.
• The infringement of any third-party intellectual property rights, or other rights, arising from the materials provided by the customer (e.g., lyrics or reference tracks).
• Any unauthorized use of the final product beyond the agreed-upon license.

11.2 Limitation of Liability

Flotnar’s liability to the customer, whether arising from contract, tort, or otherwise, shall be limited to the amount paid by the customer for the services provided. Under no circumstances shall Flotnar be liable for any indirect, incidental, or consequential damages, including loss of profits, arising out of or in connection with the services provided.

Conclusion

By using Flotnar’s services and placing an order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions in their entirety. These terms are designed to ensure transparency, protect both parties, and foster a positive, collaborative working relationship. Should you have any questions or concerns regarding these Terms, please do not hesitate to contact us for clarification. We look forward to creating exceptional music that meets your unique needs and expectations.

Last Updated: 23.09.2024.