Introduction

These terms and conditions ("Terms") govern the use of services provided by SASPOD LTD incorporated and registered in England and Wales with company number 14970497 whose registered office is at Number Sixty One Alexandra Road, Lowestoft, NR32 1PL ("Saspod" “us” “our” or "we") to Clients ("Client" “your” or "you") who access and utilize our podcast services ("Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.


By using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and any additional terms and conditions or policies referenced herein. If you do not agree to these Terms, please refrain from using our Services.

1
Interpretation
The following definitions and rules of interpretation apply in this agreement (unless the context requires otherwise).
1.1
Definitions
  •  Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
  •  Client Content: any material, information, data or other content provided by the client to the Company. It also includes various forms of content such as text, images, videos, audio recordings, documents or any other digital or non-digital assets.
  •  Charges: any fees agreed between Saspod and the Client from time to time or otherwise as set out on https://sawandsine.co.uk/podcast-editing-services/
  •  Credit: this is a token equivalent to the amount paid by the client and can be used to purchase our Services in lieu of cash. Each unit of credit is the cash equivalent of $1.00 (USD) and Credits cannot be exchanged for cash.
  •  Intermediary: a third-party payment platform including Upwork, Fiver or any other freelancing platform that may be used by the Client from time to time.
  •  Plan: refers to a payment model made available by Saspod to the Client for the purposes of Subscription to the Publication Service and it may be bundled with other Services.
  •  Publish: refers to the process of making digital, printed, written content and related materials available to the public through various digital platforms and “Publishing”, “Published” and “Publication” shall be construed accordingly.
  •  Services: services offered by Saspod on https://sawandsine.co.uk/podcast-editing-services/ and under the Subscription.
  •  Subscription: is a Service more clearly set out in clause 8 and “Subscription”, “Subscribe” and “Subscribed” shall be construed accordingly.
  •  Website: https://saspod.com or any other web facility provided by Saspod and made accessible to the Client from time to time.
2
Acceptable Use of The Services
2.1 You must be at least eighteen (18) years old and/or otherwise be authorized to enter into agreements and accept to be bound by the Terms in order to use the Services.
2.2 Subject to your compliance with the terms and conditions of the Terms, Saspod grants You a limited, personal, non-exclusive, revocable and non-transferable right and license to use the features and functionality of the Services during the term of Your agreement with Us.
2.3
You agree that when using the Services, You will not:
  • 2.3.1 archive, re-produce, modify, copy, distribute, create derivative works from, translate, resell, perform or display to the public, publish, license (except as expressly permitted in these Terms) or permit access to the Services by any third party;
  • 2.3.2 take any actions, directly or indirectly, or enable or authorise a third party to take any such actions, to artificially or in bad faith alter the streaming and/or download numbers of the Publications as measured by the Platform;
  • 2.3.3 act in any way that may affect Saspod’s ability to accurately count listens, impressions or the placement of advertisements according to Saspod’s assumed standards;
  • 2.3.4 interfere with the Services or disrupt any other user's access to the Services;
  • 2.3.5
    unless otherwise provided for under applicable law:
    •  decompile, reverse engineer or disassemble any software provided to You or that is accessible through the Platform;
    •  attempt to gain unauthorised access to the Platform, or attempt to discover the underlying source code or structure of the Platform including by circumventing, removing, or deactivating any protections; and/or
    •  use any robot, spider, scraper or other automated means to access the Platform or enable or authorise a third party to do any of the foregoing;
  • 2.3.6 submit any content or data that contains mass mailings or any form of spam;
  • 2.3.7 not knowingly or intentionally introduce into the Platform any program, routine or device which is designed to disable or otherwise interfere with or harm the Platform or any Publication or any part of any of the same, including without limitation any virus, timebomb, software lock, drop-dead device, malicious logic, worm, Trojan horse or trap door;
  • 2.3.8 share account credentials or give others access to your account.
In addition to, and without limiting the generality of the foregoing, You may not access the Services for purposes of monitoring its performance, functionality or availability, or for any other competitive purposes; or use the Services other than in compliance with the Terms and any amendment hereto, applicable laws and regulations and the Community Guidelines.
3
Account
3.1 You need to create an account with Saspod to log in and access any Services via the Website.
3.2 We may require verification of your identity via credit card in order to create Your account. Your account is personal to You and may not be transferred to or shared with others. You warrant that all user information provided by You to Saspod is true and correct and that, when necessary, You will update your user information so that it remains true and correct at all times.
3.3 You are responsible for keeping your account and login details secure and You are responsible for all activities that are carried out under your account. You should choose a strong, unique password, which You will not disclose to anyone else.
3.4 Saspod will not be responsible for any losses suffered by You in circumstances where your account is used by someone else, except where this is demonstrably caused by Saspod's negligence.
4
Client Obligations
4.1 You agree to use our Services in compliance with applicable laws and regulations.
4.2
You agree that you will not engage in any activities that may:
  • violate any intellectual property rights or proprietary rights of others
  • transmit any unlawful, offensive, or harmful content
  • distribute spam, malware, or other malicious content
  • interfere with the proper functioning of our Services
  • attempt to gain unauthorized access to our systems or networks
  • engage in any activity that may cause harm to Us or other clients
4.3 Clients are required to inspect the work carried out by Saspod before Publication.
5
Saspod's Service Requirements
5.1 Saspod shall not be obliged to provide any Services until payment of the Charges has cleared into Saspod’s bank account.
5.2 Clients must transmit all Client Content required by Us to provide adequate Service at least 10 Business Days before Publishing in order to ensure timely delivery of the requested Service. Failure to do so may attract a premium markup fee of up to 50% of the Charges paid or payable at Our sole and absolute discretion.
5.3 Saspod reserves the right not to provide a requested Service if Client Content is not sent to Us in compliance with clause 5.2.
5.4 Clients are solely liable for examining and approving the work carried out by Saspod prior to Publication. Any revision required after Publication will attract extra Charges, however, Clients are entitled to as many revisions of the work within 7 days of submission at no extra Charge.
5.5 After Publication, any changes to the Published work in relation to any episode or additional Client Content may be subject to further Charges at Saspod’s absolute discretion.
5.6 We offer a free 15-day full trial of our Services subject to the Client setting up a paid account in order to maintain access to our Services. Upon the expiry of the free trial, if a paid account is not set up, the Client’s account shall revert to a “grace period state” which grants restricted access to our Services for 15 days.
5.7 Failure to activate a paid account after that will result in the account being put in a “lockout period state” for 15 days, after which all the Client’s data will be deleted from the account in line with our Privacy Policy.
5.8 The Client agrees to comply with Saspod’s fair usage policy.
6
Content Ownership and Licensing
6.1 Clients retain ownership of all Client Content, including audio recordings, that you upload, Publish, or transmit through our Services.
6.2 Saspod retains ownership of all content provided through the Services, excluding Client Content. This includes but is not limited to the Website, software, logos, trademarks, and other intellectual property rights, irrespective of whether or not such right is registered.
6.3 The Client warrants and represents that all media included with the Client Content are either licenced or owned by the Client and Saspod accepts no liability for any infringement of third-party intellectual property rights.
7
Fees, Payment and Refund
7.1 You agree to pay the Charges as set out on the Website or as otherwise communicated to you.
7.2 All fees are non-refundable unless explicitly stated otherwise.
7.3 Saspod shall issue invoices to the Client for the Services provided, detailing the amount due, invoice number and any applicable taxes or fees.
7.4 Payment for the Services will be made to us directly or through an Intermediary. You authorize Us to charge the applicable fees using your selected payment method.
7.5 Failure to make timely payments may result in the suspension or termination of your access to the Services including as set out at clause 5.6.
7.6 Invoices shall be payable immediately from the date of issuance but shall become overdue upon the expiry of the due date set out in the invoice. The Client agrees to remit payment to Us by the due date specified on the invoice.
7.7 The Client is responsible for reviewing all invoices promptly upon receipt. Any discrepancies, errors, or concerns regarding the invoices should be reported within 7 days of the date of issuance of the invoice.
7.8 In the event of a dispute regarding the invoice or payment, the Client shall promptly notify Us in writing providing detailed information and supporting documentation related to the dispute.
7.9 Credits may be used to purchase our Services from time to time and where a partial refund is granted, the Client will receive the refund in Credits.
7.10 If the Client purchases a Service by error, We may return any refund monies paid at our discretion, but You will normally be issued with Credits.
7.11
Saspod may refund Charges on Subscriptions provided that a refund request is received within 5 Business of the transaction. A refund may only be issued in cases where the Client made the payment:
  •  by error; or
  •  for a different service than intended.
8
Subscription
8.1 The Subscription is payable by way of a Plan and is payable at intervals set out in the Plan selected by the Client.
8.2 A list of the Plans in place from time to time is publicly available and can be found at this address https://sawandsine.co.uk/podcast-editing-services/ or upon request.
8.3
Saspod reserves the right to amend:
  •  any paid Plan You may have subscribed to by providing to You not less than 10 Business Days’ notice of such change; and
  •  any free Plan You may have subscribed to at any time, notwithstanding clause 11.
8.4 You are required to make payment on the commencement of Your Plan and pay the subscription fees as they fall due. Failure to make full payment of your subscription fees may result in the suspension of Our Services to You until such arrears are cleared in accordance with clause 5.6.
8.5 Should You decide to terminate subscription to your Plan(s) pursuant to clause 12 below or should Saspod be forced to rely on the terms, We shall have no obligation to provide the Service to You or to repay and/or refund any subscription fees already paid by You.
9
Intellectual Property Rights
9.1 All intellectual property rights related to Saspod, including but not limited to logos, trademarks, service marks, and copyrighted material, are the exclusive property of Saspod.
9.2 No provision in these Terms and Conditions grants You any ownership rights to Our intellectual property. Any unauthorized use, reproduction, distribution, or modification of our intellectual property is strictly prohibited and may result in legal action.
9.3 By providing Client Content to Saspod, the Client grants Us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, publicly display, and modify the Client Content solely for the purpose of providing the agreed-upon Services.
9.4 You represent and warrant that You have all the necessary rights and permissions to the Client Content You provide, and it does not infringe upon any third-party intellectual property rights or violate any applicable laws or regulations.
9.5 We shall not use client content for purposes other than those explicitly agreed upon with the Client unless otherwise authorized in writing by the client.
10
Data Protection
10.1
Saspod shall take all necessary measures to protect the personal data of its customers and comply with all applicable data protection laws and regulations. The following provisions shall apply to the processing of personal data by Saspod:
  • 10.1.1 Saspod shall only process personal data for the purpose of providing Services to the Clients.
  • 10.1.2 We shall implement appropriate technical and organizational measures to ensure the security of personal data against unauthorized access, alteration, disclosure, or destruction.
  • 10.1.3 Saspod shall ensure that personal data is only accessible to those workers who need to access it for the purpose of providing logistics services. Saspod shall ensure that such employees are subject to appropriate confidentiality obligations.
  • 10.1.4 Saspod may engage a THIRD-party for storing data. We shall not be liable for any loss of data attributed to this.
  • 10.1.5 Saspod shall retain personal data only for as long as necessary to provide the Services and in accordance with applicable data protection laws and regulations.
  • 10.1.6 Saspod shall respect the data subject rights of its customers, including the right to access, rectification, erasure, restriction of processing, and data portability.
11
Amendement to the Services and/or the Terms
11.1 We reserve the right to modify, correct, develop, improve, or make any other change to, or discontinue (temporarily or permanently), the Platform and/or Platform Services (or any part thereof) without notice, at any time. In the event of a permanent discontinuation of the Platform, we will, unless prohibited by applicable law or stock-exchange rules, inform You hereof no later than thirty (30) days prior to such discontinuation.
11.2 We may revise these Terms from time to time at our sole discretion. When there is a new version of the Terms, You will receive a notice via email. If you continue to use the Service after receipt of the notice of the new version of the Terms, you will be deemed to have accepted the new version of the Terms. If You do not agree to the new version of the Terms, You may not continue to use the Services and any Subscription Fees or similar shall not be refunded.
12
Termination
12.1 Saspod may suspend or terminate your account and access to the Services if you violate these Terms or engage in any conduct deemed harmful to Us or other Clients. We reserve the right to modify or discontinue the Services at any time, without liability to you.
12.2 The Client may terminate this agreement by giving us 10 Business Days’ notice in order to ensure all requisite Charges are paid, and Client Content duly returned.
13
Limitation of Liability
13.1 The Services are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express or implied.
13.2 Saspod does not warrant that the Services will be error-free, uninterrupted, or free of harmful components.
13.3 To the maximum extent permitted by law, Saspod and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services, even if advised of the possibility of such damages.
13.4 We shall not be liable for the standard of any work where the Client Content received is of poor quality.
13.5 In the event that Saspod is liable for any loss or damages due to its negligence, Our liability is limited to the Charges paid for the specific Service only, and where the Service includes a Subscription, Our liability is limited to the Charges incurred by the Client on the Plan by up to a maximum of a calendar year preceding the breach.
14
Indemnification
14.1 You agree to indemnify, defend, and hold harmless Saspod and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
15
Entire Agreement
15.1 These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
15.2 Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
15.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
16
Variation
16.1 We reserve the right, at Our sole discretion, to modify or replace these Terms at any time and shall endeavor to make the client aware of such variation.
17
Wavier
17.1 Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
18
Severability
18.1 If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
19
Counterparts
19.1 These Terms may be executed in any number of counterparts, each of which shall constitute a duplicate original, but all the counterparts shall together constitute one agreement.
20
Third-Party Rights
20.1 Except as expressly provided elsewhere in these Terms, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. This does not affect any right or remedy of a third party that exists or is available, apart from that Act.
20.2 The rights of the parties to terminate, rescind or agree to any variation, waiver or settlement under these Terms are not subject to the consent of any other person.
21
Governing Law
21.1 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22
Jurisdiction
22.1 Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

Saspod Terms and Conditions

Last Updated: August 1, 2023

Introduction

These terms and conditions ("Terms") govern the use of services provided by SASPOD LTD incorporated and registered in England and Wales with company number 14970497 whose registered office is at Number Sixty One Alexandra Road, Lowestoft, NR32 1PL ("Saspod" “us” “our” or "we") to Clients ("Client" “your” or "you") who access and utilize our podcast services ("Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.


By using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and any additional terms and conditions or policies referenced herein. If you do not agree to these Terms, please refrain from using our Services.