Terms and conditions
The general business conditions are for collaboration with NiRo Music (Services), NiRo Sounds (Label) und NiRo Sounds Edition (publisher), named over the following as NiRo Music for simplicity’s sake.
Application of the terms and conditions
The general terms and conditions are based on Swiss law and apply within Switzerland to the extent that the parties expressly or implicitly recognize them. Alterations and additional agreements are only effective if confirmed in writing by NiRo Music.
If a contract is signed and the artist presents their own terms and conditions, matching points of agreement apply. For divergent elements a written agreement is to be made.
These Terms & Conditions are valid for an indeterminate period, as per the contractual validity agreed, in so far as that they are not altered by their parties on the basis of a written agreement.
In addition, the directives of Swiss Code of Obligations (Ger: OR) or other Swiss laws and directives apply. If a directive of this contract is ineffective or the contract contains an omission, the legal validity of the additional directives remains independent of this. In place of the invalid provisions, that effective provision which comes closest in business terms to that desired by the parties is counted as having been valid from the beginning. The same applies in case of a contractual gap.
Offers from NiRo Music
Niro Music offers its services to artists in services (NiRo Music) label/record company (NiRo Sounds) and publishing (NiRo Sounds Edition).
Our service descriptions contain non-binding information and recommended prices. Information provided by telephone has no long-lasting validity in so far as no definite quote has been given.
Quotes which are made either in writing, by telephone, in a personal discussion or by fax or by email count as binding. If artists demand products or services which are not contained in said quotes, these are charged for additionally.
A quote is valid for 30 days in so far as nothing else is agreed in writing. All documents and forms handed-in with an offer remain the property of NiRo music. Without the agreement of NiRo music, third parties cannot be granted access to documents pertaining to offers. Details supplied by NiRo Music as reference prices are non-binding and are only there to assist in estimating large-scale orders.
A quote is taken as accepted if the artist states this either in writing, on the telephone, by fax, email or in a personal discussion. NiRo Music then confirms acceptance by fax or by email.
If an artist desire changes to their contractual agreement, NiRo Music will inform them within two weeks whether the change is possible and what effects this will have on the fulfillment of services for which dates and prices had been agreed. NiRo Music must supply an offer for changed services within two weeks. Changes do not apply to products which have already been supplied.
Quotes and the contract agreement determine the scale and implementation of services.
No automatic right to a release package or a service exists. The final decision for a collaboration is made on the basis of the materials supplied to us and our assessment of their commercial viability.
NiRo Music is obligated to deliver the agreed services under the conditions determined by the contractual agreement. Meanwhile, the artist is obligated to accept these products at the conditions agreed and to pay them.
Appointments are subject to appropriate postponement if obstacles arise which are beyond the control of NiRo music: such as natural events, mobilization, war, social unrest, epidemics, accidents and sickness, substantive disturbance to operations, work conflicts, delayed or faulty deliveries/collaborations and official measures.
For other delays, the artist
- can cancel further services: The artist has to inform NiRo Music of this without delay.
- Partial delivery, in so far as possible: This has to be agreed immediately.
- Together with NiRo Music, an adequate deadline is to be agreed: If the deadline cannot be fulfilled, the artist can, in so far as they state this, cancel subsequent rendering of services or withdraw from the contract.
Prices and cost conditions
Prices are set in the quotes. Dependent on release packages, half of the amount is to be paid after contracting, and the second half after the conclusion of the contract, as per the relevant agreement. For further services payment conditions are mutually agreed.
If payment conditions are not adhered to, NiRo Music has the right
- to immediately make financial claims of the artist
- or to demand securities for all outstanding payments
- and/or to fulfill outstanding services only after pre-payment
If securities or payments have not been made after the expiry of an appropriate deadline, NiRo Music can withdraw from the contract, even in the case that services or a part of them have already been rendered.
If the artist does not meet the payment conditions, NiRo Music has the right to claim compensation.
If the artist does not meet payment deadlines, they have to without notification pay an interest on late payment. This stands at four percent above the discount rate of the Swiss National Bank at the time.
The parties agree to mutually and punctually inform each other around particular conditions, as well as about legal, administrative and other provisions, in so far that they are significant for the rendering of services. The parties are also to inform each other punctually as to obstacles which jeopardize the correct fulfillment of the contract or can lead to inexpedient solutions.
Court of jurisdiction is Aarau (Location of NiRo Music) However, NiRo Music can appeal to the court at the location of the artist
If for unexpected reasons the desire for a premature contract dissolution arises this has to occur via mutual agreement. Those services provided to the artist up to that point are charged to the artist. Payment of the final bill and signature of the dissolution of the contract are decisive for the dissolution of a contract. Up until this point all contracts retain their validity.
The parties will make an effort resolve any disputes which arise through the implementation of this contract in a positive manner.