1.1. The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements:
1.1.1. “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions;
1.1.2. “Podlab”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Podlab Digital Media.
1.1.3. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
1.2. All terms defined in section 1.1 refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Sri Lanka. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.3. Podlab offers maintains the Website to provide one or more of the following Services to you (collectively, “Services”):
a) Audio Production;
c) Creating show notes, blog posts for podcast;
d) Social media management;
e) Management of podcast publication;
f) Web design and development;
g) Graphic designing;
h) Other automated software tools available via the website.
1.4. Podlab offers both free and paid services. For free services, we reserve the right to change terms, terminate and limit your usage at our sole discretion.
2. Fees and Payments
2.1. For paid Services, you shall pay the applicable fee to us as calculated from our price calculator.
2.2. Upon registering for a paid service, Podlab will decide a default monthly fee, according to your requirements, calculated with our price calculator.
2.3. Our paid services are pre-paid. You shall pay the monthly fee within the first five days of each month.
2.5. We reserve the right to change the pricing at our sole discretion. In the event of a change of pricing, we will notify you at least 30 days before the effective date of the new pricing.
3. Service Level Agreement (SLA)
3.1. Turnaround time
3.1.1. Podlab shall deliver completed episodes to you within the Turnaround Time Commitment 99% of the time.
3.1.2. Our “Turnaround Time Commitment” means that,
a) for podcast episodes less than 90 minutes of total raw audio length we shall deliver within 72 hours from the time you submit your raw files via our raw material submission page. In the first 48 hours we will do the post production and/or other tasks required by you and deliver it to you via email or any other form of communication. You may take the next 24 hours to review the work and send it back to us, if you require any revisions.
b) for podcast episodes between 90 minutes and 150 minutes of total raw audio length we commit to a turnaround time of 96 hours from the time you submit your raw files via our raw material submission page. In the first 72 hours we will do the post production and/or other tasks required by you and deliver it to you via email or any other form of communication. You may take the next 24 hours to review the work and send it back to us, if you require any revisions.
c) For podcast episodes that contain more than 150 minutes of raw audio, we shall decide the turnaround time at our sole discretion.
3.1.3. We shall not be deemed to have failed to meet our Turnaround Time Commitment if such failure is attributable to:
a) an event or events outside of our reasonable control that render performance commercially impracticable, including events resulting from your actions or inactions (including, without limitation, a defect in the uploaded files); or
b) scheduled downtime of which you have been notified in advance (and at least 48 hours in advance of such scheduled downtime), collectively, “Mitigating Factors “.
3.1.4. If we fail to meet a Turnaround Time Commitment for a specific episode and none of the Mitigating Factors are applicable, we will provide you upon your request, with a refund equal to fifty (50) percent of the amount for that specific episode. This amount shall be deducted from your monthly fee for the immediate next month.
4. Your Privacy
4.2. You shall keep your passwords, PINs, private keys or any other credentials confidential.
4.3. If you become aware of any disclosure of such credentials, you shall update your credentials immediately. If you are unable to perform such update, you shall notify us in writing immediately.
4.4. Podlab will not be liable or responsible for any losses arising due to your failure to keep your security credentials confidential.
5. Content You Submit to Podlab
5.1. Any audio, video, text or other digital content you submit to Podlab is owned by you or your licensor. You grant Podlab a non-exclusive license to use that audio/visual content solely for the purpose of providing the Services.
5.3. You are prohibited from posting or transmitting to or from the Website any material:
a) that is threatening, defamatory, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b) for which you have not obtained all necessary licenses and/or approvals; or
c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
e) contains or discloses another person’s personal information without their written consent.
6. Usage of the Website
6.1. Podlab grants you a license view, print, download pages from the Website, stream audio and video files from our website and use our services by means of a web browser on each device you use.
6.3. Except when you own or have written consent from the owner, you shall not:
a) republish material from our website;
b) sell, rent or sub-license material from our website;
c) exploit material from our website for a commercial purpose;
d) redistribute material from our website.
6.4. You may not use our website or its content:
a) To use in any manner that may cause damage or impairment of performance, accessibility, integrity or availability;
b) For hacking, data mining, data scraping or inserting malicious code, including but not limited to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
c) In a way that is unlawful, illegal or fraudulent.
7. Termination of Service
7.1. Podlab reserves the right to terminate or suspend use accounts if you breach these terms of service.
7.2. Unless previously agreed upon for a contract that extends to a specific duration, you may discontinue using our services at any time, provided that you do not have any outstanding payment due for already completed work.
8. Liability & Indemnity
8.1. To the maximum extent permitted by law, Podlab shall not be liable for any direct, indirect, incidental, consequential, or special damages or losses, whether tangible or intangible, resulting from authorized or unauthorized use of or access to our services.
8.2. You shall indemnify Podlab against any loss, damages, costs or expenses which are awarded against or incurred by Podlab as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to:
b) your misuse of the Website and/or the Services;
c) any content you post on or transmit via the Website; and/or;
d) your infringement of intellectual property rights.
9.1. We reserve the right to revise these terms from time to time, at our sole discretion.
9.2. If any competent authority decides any of these terms to be unlawful or unenforceable, the remaining terms will remain in effect.
9.3. This website is owned and operated by Podlab Digital Media, Colombo Sri Lanka.