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Legal Notice

eightcountaudio.ca


Simcoe County


Phone: 705-529-4719
E-Mail: hello@eightcountaudio.ca

Legal Notice — Eight Count Audio

Last updated: June 2026


1. About This Website

This website is operated by Eight Count Audio, a sole proprietorship registered in Ontario, Canada, operating under the business name Eight Count Audio (Ontario Master Business Licence registration). References to "Eight Count Audio," "we," "us," and "our" throughout this notice refer to the operator of this website and the provider of the audio editing services described herein.

Business address: Simcoe County, Ontario, Canada Email: hello@eightcountaudio.ca 


2. Services Description

Eight Count Audio provides professional audio editing services for dance recitals, dance competitions, figure skating, cheerleading, rhythmic gymnastics, pageant competition, musical theatre, and related performance arts. Services include but are not limited to song trimming, tempo adjustment, key changes, mashup production, vocal isolation, profanity removal, loudness mastering, and audio restoration.

Eight Count Audio is an audio editing service only. We are not a music publisher, record label, streaming service, or music licensing authority. We do not grant, sell, or transfer any rights in or to any musical composition or sound recording.


3. Terms of Service

By submitting a project intake form, making a payment, uploading files, or otherwise engaging the services of Eight Count Audio, you agree to the following terms.

3.1 Service Agreement

All services are provided pursuant to these terms and any additional written agreement entered into between Eight Count Audio and the client. In the event of a conflict between these terms and a separate written agreement, the separate written agreement prevails.

3.2 Quotes and Pricing

Prices displayed on this website are estimates in Canadian dollars (CAD) before Harmonized Sales Tax (HST). HST at the rate of 13% is applied to all services provided to clients with a service address in Ontario. Applicable HST rates for clients in other provinces are applied in accordance with the Canada Revenue Agency place-of-supply rules.

Final project pricing is confirmed by email following review of submitted project details. Work does not commence until the client has received and accepted a written price confirmation.

3.3 Payment Terms

A deposit of fifty percent (50%) of the estimated total project fee is required at the time of project submission. The deposit is collected via PayPal and is applied toward the total project fee. The remaining balance is invoiced upon delivery of the final files and is due within seven (7) days of invoice date.

Season packages are invoiced and payable in full at time of purchase.

3.4 Deposit Refund Policy

The deposit is refundable in full if Eight Count Audio's final confirmed price differs from the original estimate and the client elects to cancel the project before work commences. Once work has commenced, the deposit is non-refundable.

The deposit is non-refundable if the client fails to supply usable source files within fourteen (14) days of submission, or if the client cancels a project after work has commenced.

3.5 Revisions

One round of revisions is included in every project. A revision round consists of a single set of consolidated change requests submitted by the client at one time. Additional revision rounds are available at the rate of $15.00 CAD per round, invoiced separately.

Revisions requested after the client has approved the proof and received the final files are treated as a new project and billed accordingly.

3.6 Turnaround and Deadlines

Standard turnaround is five (5) business days from the date on which Eight Count Audio receives both the completed intake form, the deposit payment, and all required source audio files — whichever of these three conditions is last satisfied.

Rush turnaround options are subject to availability and carry additional fees as listed on the Services page. Eight Count Audio will make commercially reasonable efforts to meet stated deadlines but does not guarantee specific delivery dates. In the event that Eight Count Audio is unable to meet a rush deadline, the rush fee will be refunded or credited.

Eight Count Audio is not liable for losses, damages, or costs arising from late delivery, including without limitation missed competition deadlines, rescheduled events, or forfeited entry fees.

3.7 File Delivery and Retention

Final deliverable files are provided to clients via a secure, time-limited download link through the Eight Count Audio client portal. Download links expire thirty (30) days from the date of delivery. It is the client's sole responsibility to download and retain copies of all delivered files before the expiry date.

Eight Count Audio retains working project files for twelve (12) months from the date of final delivery, after which they are permanently deleted. Eight Count Audio makes no guarantee of file availability beyond the thirty (30) day download window and twelve (12) month working file retention period.

Eight Count Audio is not responsible for loss of delivered files after the download link expires, or for any loss arising from the client's failure to retain their own copies.

3.8 Limitation of Liability

To the maximum extent permitted by applicable law, Eight Count Audio's total liability to any client for any claim arising from or related to the services provided, whether in contract, tort, or otherwise, is limited to the total fees paid by that client for the specific project in dispute.

Eight Count Audio is not liable for any indirect, consequential, incidental, special, or punitive damages, including without limitation lost revenue, lost profits, loss of business opportunity, damage to reputation, or costs incurred in obtaining replacement services, even if Eight Count Audio has been advised of the possibility of such damages.

Nothing in these terms limits liability for fraud, gross negligence, or wilful misconduct.


4. Copyright and Intellectual Property

4.1 Source Audio Files — Client Obligations

Clients are solely responsible for ensuring that all audio files submitted to Eight Count Audio as source material are lawfully obtained. Acceptable sources include but are not limited to:

  • Purchases from the iTunes Store or Apple Music store
  • Purchases from Amazon Music
  • Purchases from Bandcamp
  • Purchases from Google Play
  • Purchases from Qobuz, 7digital, HDtracks, or similar digital download retailers
  • Physical compact disc rips from discs lawfully owned by the client

Clients represent and warrant at the time of each submission that all source files provided are legally purchased or otherwise lawfully obtained, that the client has the right to provide those files to Eight Count Audio for the purpose of editing, and that doing so does not infringe the rights of any third party.

4.2 Prohibited Source Material

Eight Count Audio will not process audio files sourced from any of the following:

  • YouTube downloads or any stream-ripping service or application
  • Torrents or peer-to-peer file sharing networks
  • Unauthorized download sites or piracy sources
  • Spotify, Apple Music streaming, Amazon Music Unlimited, or any other subscription streaming service (streamed files are encrypted and not legally extractable for reproduction)
  • Any source the client cannot identify or verify

Submission of files from prohibited sources constitutes a material breach of these terms. Eight Count Audio reserves the right to refuse any project, refund any deposit paid, and terminate any client relationship where prohibited source material is identified or suspected.

4.3 Editor's Role and Reproduction

Eight Count Audio provides technical audio editing services only. The editing of a sound recording constitutes a reproduction of a copyrighted work under the Copyright Act (Canada), RSC 1985, c C-42. Eight Count Audio's reproduction of client-supplied source files for the purpose of producing the contracted edit is undertaken solely in reliance on the client's warranty that the source material is lawfully obtained. The client is solely responsible for obtaining any additional licences required for their specific use of the edited file, including without limitation:

  • Public performance licences (SOCAN Tariff 8, Tariff 19, or other applicable tariffs)
  • Neighbouring rights licences (Re:Sound Tariff 5.B, 6.B, or other applicable tariffs)
  • Synchronization licences where applicable
  • Any licences required by the venue, competition organizer, or event broadcaster

4.4 Anti-Circumvention

Eight Count Audio does not circumvent, remove, decode, or otherwise defeat any technological protection measure applied to any audio file. Clients must not submit files that require circumvention of technological protection measures. Circumvention of technological protection measures is prohibited under Section 41.1 of the Copyright Act (Canada).

4.5 Delivered Files

Delivery of edited audio files does not transfer any copyright in the underlying musical composition or sound recording to the client. The client's right to use the edited file is subject to all rights held by the copyright owner(s) of the source material. Eight Count Audio does not grant any licence in the underlying musical works or sound recordings.

4.6 Eight Count Audio Content

All original content on this website — including text, design, graphics, audio samples produced for marketing purposes, the Eight Count Audio name, and the brand identity — is the property of Eight Count Audio and is protected by applicable copyright and trade-mark law. You may not reproduce, distribute, or create derivative works from any content on this website without the prior written consent of Eight Count Audio.


5. Privacy Policy

5.1 Applicable Law

Eight Count Audio collects, uses, and discloses personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), SC 2000, c 5, and applicable provincial privacy legislation. All data is processed and stored on Canadian servers operated by CanSpace Solutions Inc., located in Canada.

5.2 Information We Collect

We collect personal information that you provide directly to us, including:

  • Name, studio name, email address, and phone number provided in intake forms, contact forms, and email opt-ins
  • Payment information processed by Stripe (we do not store card numbers — all payment processing is handled by Stripe, Inc.)
  • Audio files you upload as source material for your project
  • Project details, choreography notes, and communications related to your project
  • Technical information collected automatically when you visit this website, including IP address, browser type, and pages visited

5.3 How We Use Your Information

We use your personal information to:

  • Provide the audio editing services you have requested
  • Communicate with you about your project, including sending proofs, invoices, and final files
  • Process payments via Stripe
  • Send you transactional emails related to your project via Postmark
  • Deliver marketing communications to which you have opted in, including newsletters and promotional offers
  • Comply with our legal obligations

We do not sell, rent, or trade your personal information to any third party for their own marketing purposes.

5.4 Third-Party Service Providers

We share personal information with the following third-party service providers only to the extent necessary to provide our services:

Stripe, Inc. — Payment processing. Stripe's privacy policy is available at stripe.com/privacy. Payment card information is handled exclusively by Stripe and is not stored on Eight Count Audio's systems.

Postmark (Wildbit, LLC) — Transactional email delivery. Your email address and project information are transmitted to Postmark for the purpose of sending you automated emails related to your project.

Backblaze, Inc. — Cloud storage for audio files uploaded to and delivered from the Eight Count Audio client portal. Files are stored in a Canadian or US data centre depending on configuration.

CanSpace Solutions Inc. — Website hosting. Your data is stored on servers physically located in Canada.

All service providers are contractually required to protect your personal information and may not use it for any purpose other than providing services to Eight Count Audio.

5.5 Data Retention

Client account information and project records are retained for a period of seven (7) years from the date of the last transaction, consistent with Canadian tax record-keeping requirements.

Audio source files and delivered audio files are retained for twelve (12) months from the date of final delivery and then permanently deleted.

Email marketing opt-in records are retained until you unsubscribe or request deletion.

5.6 Your Rights

Under PIPEDA and applicable provincial law, you have the right to:

  • Request access to the personal information we hold about you
  • Request correction of inaccurate personal information
  • Withdraw consent to collection, use, or disclosure where consent is the basis for processing
  • Request deletion of your personal information, subject to our legal retention obligations
  • File a complaint with the Office of the Privacy Commissioner of Canada at priv.gc.ca

To exercise any of these rights, contact us at hello@eightcountaudio.ca. We will respond to requests within thirty (30) days.

5.7 Cookies

This website uses cookies and similar tracking technologies to enable website functionality, analyze website traffic, and support marketing activities. By using this website, you consent to the use of cookies in accordance with this policy.

You may disable cookies in your browser settings. Disabling cookies may affect the functionality of certain parts of this website, including the client portal.

5.8 Email Marketing

We send marketing communications only to individuals who have expressly opted in. Every marketing email includes an unsubscribe link. You may withdraw consent to marketing emails at any time by clicking the unsubscribe link in any email or by contacting us at hello@eightcountaudio.ca. Withdrawal of consent to marketing communications does not affect the delivery of transactional emails related to active projects.


6. Dispute Resolution

6.1 Governing Law

These terms and any dispute arising from or related to the services of Eight Count Audio are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

6.2 Jurisdiction

The parties agree that any legal proceedings arising from or related to these terms shall be brought exclusively in the courts of the Province of Ontario, Canada.

6.3 Informal Resolution

Before initiating any formal legal proceeding, both parties agree to make a genuine effort to resolve disputes informally by contacting Eight Count Audio at hello@eightcountaudio.ca and allowing fourteen (14) days for a response and good faith negotiation.

6.4 Small Claims

Nothing in these terms prevents either party from bringing a claim in the Small Claims Court of Ontario for amounts within that court's monetary jurisdiction (currently $35,000).


7. Changes to This Notice

Eight Count Audio reserves the right to modify this legal notice at any time. Changes are effective immediately upon posting to this website with an updated "Last updated" date at the top of the page. Continued use of the website or services following any modification constitutes acceptance of the modified terms.

We will make reasonable efforts to notify active clients of material changes by email.


8. Contact

All legal, privacy, and service enquiries may be directed to:

Eight Count Audio Simcoe County, Ontario, Canada hello@eightcountaudio.ca 705-529-4719