Cancellation Terms & Conditions

Below are the terms and conditions that apply when we approve the cancellation of your account.

1. Releases. The undersigned irrevocably release each other from all liability, debts or responsibility to each other, and settle all actions and causes of action against each other, for damages, loss or injury sustained by either of them, however arising, present and future, known and unknown up through the date of this Agreement.

If either party has instituted any legal proceedings against the other settled by this release, that party shall dismiss the action, with prejudice, with each party to bear their own fees and costs. The initiating party shall dismiss the action within 10 days of the date of this Agreement.

2. Severability. If any part of this Agreement is deemed to be invalid in any court of law, the remaining provisions shall remain in full force and effect and may be enforced in accordance with the provisions hereof.

3. Cancellation Terms. The following are only applicable to all early cancellations, violations change of ownership and service transfers:

A.  Symphonic will retain all royalties for the current quarter and any unpaid royalties. A $500.00 USD Penalty will be assessed by the client for completion of this cancellation for losses for the remainder of the contract term as outlined in the Distribution Agreement.

B.  Change of Ownership - If brand is sold and/or changes ownership, distribution of the Client will continue with new ownership taking over the funds for the remainder of the term. If new ownership wishes to cancel agreement prior to the term expiration date, a fee of $500.00 USD must be issued to Symphonic, in addition to the royalties for current quarter and any royalties withheld from previous quarters.

C.  Symphonic Distribution reserves the right to take down releases at all retailers’ partners where content was delivered through its content delivery system or account. No transfer of content will be delivered via the systems provided by Symphonic to any other distribution partner, label group, and/or aggregator unless agreed upon.

D.  Client acknowledges that, after a take down notice or transfer is sent by Symphonic to retailers, it is up to the retailer to ensure proper take down of the product(s) or discontinue its exploitation. Client hereby waives any claims and holds Symphonic harmless regarding unapproved exploitation of content once this Agreement has been signed. Takedowns and or transfers may take 6 – 12 months to be completed.

4. Term completion. If you have satisfied the terms of your agreement, and upon expiration of the Distribution Agreement term, Symphonic will agree to transfer, cancel or request takedown of your material, pursuant to the terms contained in “D” above.

5. Proprietary Information. Client acknowledges that it has obtained proprietary and trade secret information owned by Symphonic, including but not limited to the possibility of client lists, company procedures and contacts and accounting methods, formulas and information. Client further agrees that it will not use, disclose or misappropriate any information obtained through its relationship with Symphonic and further agrees that any unauthorized use or disclosure of said information amounts to a misappropriation of trade secrets actionable under Florida and federal law. Client further agrees not to employ, attempt to employ, solicit, or assist any competing business in soliciting current clients of Symphonic.

6. Venue. This Agreement, and any construction thereof, shall be governed by Florida law. Venue for any action to enforce the terms of this Agreement shall be in the appropriate court in Hillsborough County, Florida, and the Parties specifically agree to consent to the personal jurisdiction of such court.

We strive to provide the best service but must protect our interest and that of our clients, further we will work with your brand to provide solution to issues and wish to conclude partnerships in an amicable manner.

Have more questions? Submit a request

0 Comments

Please sign in to leave a comment.