Terms and Conditions of Service
Darling – New Zealand
Effective Date: 1 July 2025

These Terms and Conditions ("Terms") govern the provision of services by Darling, a New Zealand-based business offering bespoke audio recordings of personal, family, and legacy stories. By engaging with our services, whether through booking, purchase, or any form of communication, you confirm that you have read, understood, and agree to be legally bound by the following Terms. If you do not agree with any part of these Terms, please refrain from proceeding with our services.

1. Services Provided
1.1 Darling specialises in crafting professionally recorded and edited audio memoirs. These services involve conducting interviews, compiling personal narratives, and producing custom audio pieces that preserve cherished memories and life stories.
1.2 Upon completion, the final product will be delivered in two formats:

• Digital Format: A private and secure streaming and download link hosted on Transistor.fm, embedded on a custom page within the Darling website, which can be accessed and shared at the client’s discretion.

• Physical Format: A USB drive containing the final audio file, professionally packaged and provided to a courier service to be sent to the client.

1.3 Services may include additional production elements such as background music, professional voiceovers, custom introductions, and sound design enhancements.

2. Bookings and Payment Terms
2.1 To secure a project, a non-refundable deposit of 50% of the total quoted fee is required at the time of booking. This deposit guarantees your place in our production schedule.
2.2 The remaining 50% balance must be paid in full prior to the final delivery of the completed audio product.
2.3 Accepted payment method is via bank transfer only. All prices are quoted in New Zealand Dollars (NZD) and include GST unless otherwise stated.
2.4 Additional services or changes outside the original scope may result in additional charges, which will be communicated and approved in writing before commencement.

3. Client Responsibilities and Consent
3.1 The client is responsible for ensuring that all individuals whose voices or stories are included in the recording have granted full, informed, and voluntary consent.
3.2 By engaging our services, the client confirms:

• That they have legal authority to share, represent, or record the stories of any individuals involved.

• That no content provided violates any third-party rights, including copyright, privacy, or defamation laws.

3.3 For any participants under the age of 18, written consent must be obtained from a parent or legal guardian.

4. Privacy, Confidentiality, and Data Handling
4.1 Darling treats all client content and personal data with the utmost confidentiality and in accordance with the Privacy Act 2020 (NZ).
4.2 Subject to clauses 10 and 13, we do not share, publish, or disclose recordings or personal information to any third party without the explicit, written permission of the client.
4.3 Clients may request that recordings or related data be deleted from our archive. Requests must be made in writing and will be actioned promptly upon verification.
4.4 Personal information collected will be limited to what is necessary to deliver services and communicate effectively.

5. Intellectual Property Rights
5.1 Upon full payment, ownership of the final audio recording transfers to the client for personal, non-commercial use.
5.2 Darling retains ownership of any original production assets (e.g., intro music, voiceovers, editing templates). These elements are licensed to the client as part of the final product but may not be reused or redistributed separately.
5.3 With client consent, anonymised excerpts or testimonials may be used by Darling for promotional purposes across digital, print, or broadcast media.

6. Revisions and Delivery Timeline
6.1 If revisions are desired, the request must be submitted in writing. A timeline and cost for the revisions will be discussed and agreed upon in writing before any work begins.
6.2 The delivery timeline will be discussed at the time of booking and may vary based on project complexity and scheduling. Darling is committed to meeting reasonable deadlines but is not liable for delays due to circumstances beyond our control.

7. Cancellations and Refunds
7.1 The 50% deposit paid at the time of booking is non-refundable, regardless of subsequent project cancellation.
7.2 If a project is cancelled after recording has commenced, additional fees may be invoiced to reflect time, labour, and resources already committed.
7.3 In the unlikely event that Darling is unable to complete a project, we will offer a full refund.

8. Limitation of Liability
8.1 Darling is not liable for emotional distress or interpersonal conflict resulting from the content of a recording.
8.2 While we take every precaution to protect digital files, we are not responsible for data loss after delivery. Clients are strongly advised to back up all files upon receipt.
8.3 To the maximum extent permitted by law, our liability is limited to the value of the service purchased.

9. Governing Law and Dispute Resolution
9.1 These Terms are governed by and construed in accordance with the laws of New Zealand.
9.2 Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the New Zealand courts.
9.3 Parties agree to engage in good faith discussions and mediation prior to pursuing formal legal proceedings.

10. Digital Hosting via Transistor.fm
10.1 As part of your service package, final audio files may be hosted via a secure and private link embedded on a custom page within the Darling website. The file itself is hosted on Transistor.fm, a third-party podcast hosting platform.
10.2 By accepting our services, you agree to Transistor.fm’s Terms of Service and Privacy Policy (which are amended and updated by Transistor.fm at their discretion). Darling cannot be held responsible for technical issues, service disruptions, or data breaches by Transistor.fm.
10.3 Clients may request the removal of their content from Transistor.fm or from the Darling website at any time, and we will act on such requests promptly.

11. Archiving and File Retention
11.1 Darling will retain a copy of the final audio file and associated project data for up to 12 months following delivery, for the purposes of potential reissue, troubleshooting, or future enhancement.
11.2 Clients may request the early deletion of all stored files at any time by submitting a formal written request.

12. Gift Purchases and Third-Party Orders
12.1 If services are purchased as a gift or on behalf of another party, the purchaser assumes responsibility for ensuring the recipient's full and informed consent.
12.2 Darling may require direct communication with the intended storyteller to confirm participation, ensure clarity, and set expectations.

13. Use of AI and Transcription Tools
13.1 We offer an additional transcription package where we may use artificial intelligence (AI) to create transcripts of recordings.
13.2 We may use advanced software tools, including AI, to improve audio quality, and reduce background noise. These tools are on-device plug-ins.
13.3 By accepting the transcription package you agree to the sharing of your recording on third-party platforms solely for the purpose of service delivery. Darling cannot be held responsible for technical issues or data breaches by these third-party platforms.

14. Audio Quality Disclaimer
14.1 While we take every step to deliver high-quality audio, final results may be affected by background noise, environment, or speaker clarity at the time of recording.
14.2 We recommend recording in a quiet room free from distractions to ensure the best possible outcome.

15. Delivery and Postage Responsibility
15.1 USB drives are delivered via tracked courier service. Delivery times may vary depending on location and postal conditions.
15.2 Darling is not responsible for damage, delay, or loss once the item has been dispatched. Additional charges may apply for international postage.
15.3 While Darling does not accept responsibility for damage or loss, in the event of such, Darling will endeavour to offer a replacement USB drive at the cost of the client (including any applicable production and postage fees).

16. Accessibility and Special Requests
16.1 We are committed to inclusivity and will make reasonable accommodations for clients or participants with accessibility needs.
16.2 This may include flexible scheduling, simplified language support, additional breaks during recording, or tailored formats. Please notify us in advance to discuss options.

17. Client Conduct and Recording Environment
17.1 Clients are responsible for creating a respectful, quiet, and interruption-free environment for any recording sessions.
17.2 Behaviour that is discriminatory, offensive, or disrespectful towards our team will not be tolerated and may result in immediate termination of services without refund.

18. Travel Costs
18.1 Travel costs may apply for recording sessions held more than 50 kilometres outside of Tauranga, New Zealand.
18.2 These costs will be communicated and agreed upon with the client prior to the confirmation of booking. Travel charges may include fuel, accommodation (if required), and reasonable time compensation for extended travel.

19. Amendments to Terms
19.1 Darling reserves the right to update or modify these Terms at any time. The most current version will be made available upon request or via our website.
19.2 Continued use of our services following updates constitutes acceptance of the revised Terms.

20. Contact Information
If you have any questions, require assistance, or would like to exercise any rights outlined in these Terms, please contact us directly:
Email: bryar@darlingmemoirs.co.nz
Phone: 0210423337
Website: www.darlingmemoirs.co.nz