Terms & Conditions Spotify Playlist Campaigns
Article 1: Definitions & concepts
Client: Person or party who has purchased a service on www.Daimoon.Media, or has paid an invoice which is coming from payments (at) Daimoon (dot) Media
Playlists: Lists on Spotify which include tracks and are followed by a certain amount of people.
Campaign: Service where 1 or more playlists are used to promote a track, by having the specific track featured in 1 or more lists.
Delivery Time: This is the amount of days which DaimoonMedia is using to strive to receive playlist placements for the Client.
Follower Size: Amount of followers which are following 1 or more playlists. This is the total amount of 1 or more playlists together where the Seller is getting paid for.
Article 2: Playlist Follower-Packages
|Follower size||Estimated delivery time|
|10k campaigns||7 days|
|50k campaigns||10 days|
|100k campaigns||14 days|
|300k campaigns||21 days|
|500k campaigns||28 days|
|1M campaigns||40 days|
|1,5M campaigns||40 days|
|2M campaigns||40 days|
Article 3: How does it work?
We don’t pay playlists to get placements. We do pay curators a small fee for listening to the client his track. We continue this process until we have received the total amount where you are paying for. This means the client will get the 100% of the campaign size he is paying for. We still do this on a 100% pitched basis. Therefore, we fully comply with the terms of Spotify. All playlists we work with are real and created on organic basis.
Article 4: Delivery Time
The Delivery Time is starting at the moment that DaimoonMedia has personally responded on the Order Confirmation email towards the Client, with proof of starting the campaign. This proof comes in the form of screenshots, URLs of playlists, Excel documents, 1 or multiple DropBox URLs and/or 1 or multiple other Cloud hosted documentation.
The Starting point of the Delivery Time should not be confused with the automatic order reply. The automatic order reply is the email you receive directly after a succesfull order and payment. Cients will receive the personal response from DaimoonMedia after receiving the automatic order reply normally within 3 days.
Article 5: Limitation of Liability
Subject to Article 6 DaimoonMedia shall not in any circumstances be liable to the Client in respect of any: loss of profits; or loss of contracts; or loss of revenue or goodwill; or type of special, indirect or consequential loss, business interruption or loss of or damage to business information or data whether in contract, tort (including but not limited to negligence) or otherwise and whether or not suffered as a result of an action brought by a third party, even if such loss was reasonably foreseeable or the Client had been advised at any time of the possibility of the Client incurring the same.
For the avoidance of doubt, DaimoonMedia shall not be liable to the Client or be deemed to be in breach of these Terms of Business by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Business, if the delay or failure was due to any cause beyond DaimoonMedia’s control, due to any instructions given by the Client or in any delay caused by the Client.
DaimoonMedia shall not be responsible in contract or in tort (including, but not limited to, negligence) or otherwise for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the Client by any person (other than DaimoonMedia) through accident or by fraudulent means or devices where DaimoonMedia has exercised that degree of skill, diligence, prudence and foresight which, as at the relevant time, would reasonably and ordinarily be expected from a skilled and experienced supplier of information technology services seeking in good faith to comply with its contractual obligations in providing the Services to prevent such activities.
DaimoonMedia shall have no liability if Third Party Products breach, infringe or make unauthorised use of any third party rights, save to the extent that DaimoonMedia knew, or should reasonably have known, of such infringement or unauthorised use at the time it sub-licensed such Third Party Products to the Client.
Save as expressly set out herein all conditions, warranties, terms and undertakings express or implied statutory or otherwise (including, without limitation, as to fitness for purpose or satisfactory quality) in respect of the Services or any products provided pursuant to the Services are hereby excluded except to the extent to which it is unlawful to exclude such liability.
Nothing in these Terms of Business shall confer any right or remedy upon
the Client to which it would not otherwise be entitled.
The limitations and exclusions of liability in these Terms of Business shall survive termination of these Terms of Business.
Article 6: Refunds
The Client is authorized to comply for a full refund at the moment that their campaign has not been started yet. This means the client has not received a personal confirmation email yet from one of the DaimoonMedia team members.
If the campaign has been started already, which means the Client his track has been pitched to playlist curators or received playlist spots already, the Client is unable to apply for a refund. (Except if discussed otherwise, on campaigns starting from 1M, The Client is authorized for a partly refund of the part of his campaign which has not been covered and/or scheduled yet. )
If the Client is unsatisfied after receiving the full service, the Client can ask DaimoonMedia for an appropriate solution. DaimoonMedia will get extra pitches and placements in most cases (9 out of 10), but is not obligated to do so. In this situation, The Client will not ask for a refund, as at this moment the service became non-refundable.
Refund Example: If client paid for a 10k campaign, and 8k has been done, client can ask for a refund of the remaining 2k, which is equal to 20% of the full campaign. This means, the client will get a refund of 20%. But if 8k is done, and 2k is already scheduled for within a week, the payment is non-refundable. This campaign is already marked as finished.
Article 7: Termination
Where a contract is for the provision of the Services over a period of time, a contract may be terminated by either party giving to the other one month’s written notice PROVIDED ALWAYS that if the Client terminates the contract he shall: pay immediately all outstanding sums due to DaimoonMedia; be responsible for all costs and expenses incurred by DaimoonMedia in respect of any uncompleted service
and be liable for one month’s fees, whether or not activity is required from DaimoonMedia for the Client during this period; accept and pay invoices from DaimoonMedia calculated at the contract rate in respect of any Services completed or partly completed; discharge any liability of DaimoonMedia to third parties incurred in relation to any Services originally envisaged pursuant to the Client’s initial instructions.
Provide any notice required or permitted under the terms of these Terms of Business or required by statute, law or regulation shall (unless otherwise provided) in writing marked for the attention of the Managing Director. Any notification to any other employee or officer of DaimoonMedia shall not be effective. Subject to the other provisions of this clause 5 these Terms of Business shall commence on the date of order.
Article 8: Indemnity
The Client shall indemnify DaimoonMedia in respect of all damage or injury occurring to any person, firm, company or property and against all actions, suits, claims, demands, charges or expenses in connection there with for which DaimoonMedia may become liable in respect of any breach of contract or in respect of the Services sold under any contract. In particular, it is stressed that the Client is responsible for all copy, slogans, words or methods supplied or suggested by it to DaimoonMedia, and also such items approved by it after suggestion by DaimoonMedia and therefore such indemnity shall extend to claims for copywriter or patent infringement, libel or other defamation.
Article 9: Waiver of Remedies
No forbearance, delay or indulgence by either party in enforcing the provisions of these Terms of Business shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
Article 10: 7 Days of reflection time
DaimoonMedia is getting 7 days of reflection time. This means DaimoonMedia is in his right to refuse / deny any track for a Campaign. These 7 days start from the moment DaimoonMedia has received the payment for a specific campaign. Due a wide network of Spotify curators in many genres, this normally never happens. 99% chance the track will get accepted for a campaign.
Article 11: Response
Once you order, you agree to wait from 24 to 72 business hours for an email from us. There will be no emails sent out on weekends. (Friday after 6PM GMT to monday 8AM). If we don’t email you within 72 hours, we are probably working on other orders. In this situation, feel free to email info (at) Daimoon (dot) Media for a status update.
Article 12: Marketing communications
By using any contact forms at www.Daimoon.Media you agree that contact forms may be used to collect your email address, your personal name and your customized data for email marketing purpose. You can unsubscribe anytime, or adjust your preference anytime you receive an email. Email adresses can be used for external marketing purposes beside email marketing alone, like Facebook advertisement.
Article 13: Marketing Purposes
By using any service of DaimoonMedia, you agree to the fact that your campaign may be used for marketing purposes.
Article 14: Marketing Purposes
Clients need to submit a Spotify track URL or URI which is available worlwide. If they don’t DaimoonMedia has the right to hold the payment until the track is published worldwide. It clients do not submit a song which is available worldwide, DaimoonMedia will normally give a refund within 31 days after the song has been submitted and the payment has been made, although DaimoonMedia is not obligated to do so. If the campaign has started already, the terms of article 6 apply.
Article 15: Terms and conditions SoundCloud Campaigns
PITCHING TERMS: NO REFUND WILL BE ISSUED IF YOU AREN’T HAPPY WITH THE RESULTS. WE DO NOT GUARANTEE ANY KIND OF RESULTS BUT WE GUARANTEE WE TRY OUR HARDEST TO GET THE BEST PITCH POSSIBLE.
SOUNDCLOUD PR: ONCE PAYMENT IS MADE, YOU AGREE TO WAIT UP TO 5 TO 14 BUSINESS DAYS FOR YOUR CAMPAIGN TO START. YOU CAN REQUEST REFUND AFTER 14 DAYS IF WE DIDN’T START THE CAMPAIGN.
PLAY CAMPAIGNS COULD LAST UP TO 2 MONTHS.
REPOST CAMPAIGNS COULD LAST UP TO 1 MONTH.
BASIC SOUNDCLOUD: YOU AREN’T PAYING FOR REPOSTS, YOU’RE PAYING FOR TIME TO PITCH YOUR TRACK TO MANY TYPES OF CHANNELS.
PARTNERS WILL UNREPOST YOUR TRACK AFTER 24, 48 OR 72 HOURS.
YOU AGREE TO NOT FILE AN DISPUTE ON PAYPAL, YOU CAN RESOLVE PROBLEMS AT INFO(at)DAIMOON(dot)MEDIA
IF YOU ORDER ON THURSDAY, THERE WILL BE A CHANCE YOU WILL GET AN EMAIL FROM US ON MONDAY.
Article 15: Governing law
The laws of the Netherlands shall be applicable on these terms and conditions.