General Terms and Conditions of the Artist Residency Programme 

These General Terms and Conditions shall be effective from the 1st of June 2020 (hereinafter referred to as GTC).

We are happy you have visited our website at https://spatialsoundinstitute.com/ (hereinafter referred to as Website). Please read these GTC carefully, as it contains the conditions under which you may use the services of the Spatial Sound Institute. We would like to inform you that the condition for using the services provided by the Spatial Sound Institute is a successful application and the conclusion of a contract.

I.     General terms

1.      The Spatial Sound Institute is operated jointly by the following companies and the following foundation:

1.1.    4D Sound Studio Nonprofit Limited-Liability Company
Seat: Nagytétényi út 48-50, 1222 Budapest, HUNGARY
Registration number: 01-09-291794
Tax number (EU VAT):  HU25836518
Representative: Paulus Oomen Managing Director

1.2. 4DSOUND Technologies B.V.
Seat: Contactweg 47, 1014AN Amsterdam, THE NETHERLANDS
Registration number: 68975848
Tax number (EU VAT):  NLNHR.68975848
Representative: Paulus Oomen Managing Director

1.3. Human Expo Foundation
Seat: Katona József utca 31, 1137 Budapest, HUNGARY
Registration number: 34243897
Tax number (EU VAT): NL8154.57.388.B.01
Representative: Paulus Oomen Managing Director

2.      You will receive information about the Spatial Sound Institute (hereinafter: SSI) and its services through the Website available at https://spatialsoundinstitute.com/ and in accordance with the provisions of these GTC.

3.      SSI provides a large surround sound studio, ongoing technical support, and regular artistic guidance to the resident. The spatial sound studio includes a 68-channel omni-directional speaker configuration and a vibroacoustic floor, 4DSOUND processing and control software, various software and hardware control interfaces and various audio equipment for digital and analog production, performance and recording (hereinafter: Service). You will find more information about the Service on the Website.

4.      In these GTC, natural persons, legal persons, organizations without legal personality, who use the Website and the Service shall be considered residents (hereinafter: Resident).

5.      In these GTC, natural persons, legal persons, organizations without legal personality, who use the Website solely as source of information shall be considered visitors (hereinafter: Visitor).

6.      These GTC define the terms and conditions of the Service between SSI and the Resident, as well as the rights and obligations arising between them (SSI and Resident in the following together: Parties).

7.      If you have any questions, you can contact SSI staff at the following email address:

< info [at] spatialsoundinstitute [dot] com >

II.     Registration, Resident’s Details

1.       The Resident does not have to register on the Website in order to submit the application or use the Service, however, the application is submitted using the form on the Website.

2.      The Resident is responsible for providing his/her data. The Resident undertakes to notify SSI immediately of any unauthorized use of his/her data or any other breach of security.

3.      The Resident declares and is responsible for providing his/her real data to the Website. SSI disclaims any liability for any damages resulting from the provision of incorrect or false information or e-mail address. If any changes occur in your data, please notify SSI immediately, in accordance with Section I./6 of these GTC by e-mail as specified in. The SSI has the right to delete obviously incorrect or false data and, in case of doubt, the right to verify the authenticity of the Resident.

4.      SSI reserves the right to reject a Resident's application in justified cases, in particular in the event of false or incomplete information or any misuse of the Website.

5.       SSI manages the Resident's personal data in accordance with the provisions of the Data Management Information.

III.     Application

1.      You can use the Service if you fill in and submit the form on the Website (application) and then your application is successful (hereinafter: Application). Based on the above, the Resident must first apply and then have the opportunity to use the Service after the successful Application.

2.      SSI accepts applications from professionals in a variety of disciplines who consider it essential to create and research sound for their personal development and professional practice. There is no need for the applicant’s previous experience in making music or working with a spatial environment.

3.      Within 3 months of the submission deadline,  SSI will notify the Resident by email whether his or her application has been successful. If the Resident provides an incorrect e-mail address, the Resident shall be liable for any resulting damage and SSI's liability shall be excluded.

IV.     Contract between the Parties

1.      If SSI notifies the Resident of a successful Application, it is possible to enter into a contract between them within 30 days.

2.      If the Resident (Applicant) does not enter into a contract with SSI within 30 days of notification of a successful Application, Resident will forfeit its right to enter into a contract with SSI and SSI may enter into a contract with another Resident (Applicant).

3.      If the Resident (Applicant) is not able to enter into a contract with SSI within 30 days of notification of a successful Application with provision of a Good Reason by the Applicant, Parties will agree on a different term by which they wish to enter into a contract between them. Good Reason includes, but is not limited to, reasons of scheduling, security of funds and special conditions stated in the Application. 

4.      The specific provisions of the contract between the Parties override the provisions of these GTC.

V.    Information regarding the fee of the Service

1.      The amount of the Service Fee is EUR 1,500/week, which includes a maximum of 25 service hours per week (hereinafter: Service Fee). If the Resident wishes to use the Service for more than 25 hours a week, or if the Resident represents a group or collective, the amount of the Service Fee is higher than EUR 1,500/ week.

2.      The Service Fee includes:
-   25 hours/week of access to the 4DSOUND studio and use of 4DSOUND sound studio,
-   Ongoing technical support and regular artistic guidance (to the extent of the contract between the Parties) for up to 40% of the access time of the Resident,
-   Accommodation and half-board for one person, consisting of daily two-course vegan lunch, spring water, coffee and tea, however, accommodation and meals are provided by a third party (not provided by SSI).

3.       SSI may reduce the Service Fee by a percentage upon agreement of a Discount or the provision of a Scholarship. In these cases the Service Fee payable by the Resident is the reduced amount. 

4.      40% of the hours used by the Resident are considered technical support, which allows the Resident to cooperate with the system and implement the approved residency project under technical supervision.

5.      Payment if contracting within 4 months to the Service:
If SSI starts to provide the Service within 4 months after the conclusion of the contract, the Resident is obliged to pay 50% of the Service Fee upfront at the signing of the contract (hereinafter: First Installment). The second half of the Service Fee, which is 50% of the Service Fee, must be paid by the Resident to SSI until 30 days before the start of the Service (hereinafter: Second Installment).

6.      Payment if contracting prior to 4 months to the Service: If the Service starts more than 4 months after the conclusion of the contract, the Resident is obliged to pay SSI half of the First Installment, which is 25% of the Service Fee, at the signing of the contract. The Resident must pay the second half of the First Installment, which is 25% of the Service Fee, until 4 months prior to the commencement of the Service. The Resident is obliged to pay the other half of the Service Fee (Second Installment) to the SSI until 30 days before the start of the Service.

7.      If the Resident is in arrears with any installment of the Service Fee, SSI may suspend the Service. The Resident’s delay of payment precludes SSI’s delay of providing the Service. In case of late payment the Service Fee or any Installment thereof is subject to the default interest set out by the applicable law.

8.      The Service Fee doesn’t include taxes, bank fees, etc. which might occur. The Resident is obligated to pay all the taxes, bank fees, etc. concerning the Service Fee and Services if they occur.

9.      Also, the Resident may request extra use of the Services, which are not include in the contract of the Parties or might exceed those amounts. But in such cases, these extra requests must be separately agreed upon by the Parties in writing and the Resident has to pay all the additional fees to SSI, which might occur.

10.      SSI will provide the spatial sound studio to the Resident for as long as agreed by the Parties, but this period may not exceed 40 hours per week.

11.   Annex No. 1 to these GTC contains information on the technical facilities of the Service. There are 3 types of technical services:
-   a technical item or technical service included in the Service Fee,
-   a technical item or technical service that is not included in the Service Fee, but is provided by SSI in addition to the Service Fee,
-    a technical item or technical service that the Resident must bring with him/her (e.g. The Resident has to bring a personal computer and/or laptops for the development and performance of his/her work according to this specification. Accordingly, the participant’s computer must fulfil certain technical requirements to be able to connect with the 4DSOUND system.)

VI.    Payment methods

1.  Unless otherwise agreed by the Parties, the Service Fee shall be paid to SSI's bank account by bank transfer.

VII.    Liabilities

1.      The Resident is required to pay the Service Fee to SSI prior to commencing the Service.

2.      The Resident and SSI are required to cooperate with each other.

3.      SSI is responsible for troubleshooting, among other things, the following: speaker configuration and vibroacoustic floor, 4DSOUND processing and control software, various software and hardware control interfaces, various audio equipment.

4.      The Resident is obliged to behave appropriately during the duration of the Service, i.e. Resident is obliged to refrain from vandalism, immoral behavior and the commission of any criminal offense. If the former is violated by the Resident, SSI is entitled to terminate the contract between them.

5.      The obligation of confidentiality:

5.1.  Confidential information refers to any non-public data or information which can reasonably be considered to be proprietary to SSI , including, but not limited to, software, hardware, schematics, drawings, descriptive material, specifications, source code or object code, training material, business policies and practices, contact information, specifications, templates, recordings, accounting records, business processes, information received from others that SSI is obligated to treat as confidential, and other materials and information of confidential nature that upon release could reasonably be expected to cause harm to SSI. (hereinafter: Confidential Information).

5.2.  In case of doubt, the Resident is obliged to request information from SSI as to whether certain information is considered Confidential Information. The Parties accept SSI's statement as to whether certain information is Confidential.

5.3.  Resident may not disclose or use Confidential Information that has come to its knowledge without the prior written consent of SSI.

5.4.  The obligation of confidentiality lasts for the duration of the contract and for 5 years after the termination of the contract.

5.5.  All written and oral information and material disclosed or provided by SSI to the Resident under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or in what way it was provided to the Resident.

5.6.  A breach of confidentiality by the Resident is deemed to exist if a company, organization or person related to the Resident becomes in possession of such Confidential Information, or the former persons disclose the Confidential Information or make it available to third parties.

5.8.  In the event of a breach of confidentiality, the Resident shall pay SSI ten times the amount of the Service Fee as a penalty, if the breach of confidentiality may result in loss of reputation, business confidence, damage or other similar adverse legal consequences for SSI.

5.9.  Breach of confidentiality is a presumption, so the Resident has the opportunity to prove otherwise.

VIII.    Copyright and Intellectual Property

1.      SSI strives to observe the author copyright laws in all publications of utilised texts, illustrations, graphics, video sequences and audio documents. Should this not properly have taken place in a certain case, SSI asks for information and promises prompt rights-clearance and correcting of the page.

2.      The Website is protected by copyright. SSI is the copyright holder or authorized Customer of all non-Resident content, any copyrighted work or other intellectual property displayed on the Website (including, but not limited to, all graphics and other materials, layout, editing of the Website, software used and other solutions). 

3.      SSI is entitled to use all non-Resident trademarks (brand name, logo, etc.) on the Website. The use of the Website or any provision of the GTC does not entitle the Resident to any use or utilization of any trade name or trademark on the Website.

4.      No part of this intellectual property may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior written permission of SSI.

5.      If the Resident wishes to make a publication related to the work developed using the Service, a prior written consent of SSI is required.

6.      If, during the term of the contract, the Resident discovers something that the Resident wishes to publish, it shall in anz such case make mention of the joint work of the Resident and SSI, unless otherwise agreed by the Parties.

7.      The Resident may not commercially use the audio recording made using the Service (eg, may not publish the audio recording on Facebook and other social portals), without prior written consent of SSI.

IX.    Modification of the GTC, Termination of the Contract

1.      The SSI reserves the right to modify these GTC and its annexes in accordance with Section 6: 191 § (4) of Act V. of 2013. Civil Code. The starting date of the General Terms and Conditions is indicated by the date at the top of the page. Modifications to these GTC are indicated separately on the Website. The Resident shall notify the SSI within 15 days if Resident does not wish to accept the modified GTC. If the Resident does not inform the SSI within 15 days, then the Resident accepts the modified GTC. The GTC may only be amended for good reason, which may mean a significant change in the SSI’s operation, a change in legislation, an official decision, actions, new services, etc.

2.  The parties may amend or terminate their legal relationship in writing by common will. In case of mutual agreement, the agreement of the Parties shall prevail in relation to the Service Fee.

3.      Resident may not terminate the contract between the Parties by ordinary notice within 2 months prior to the commencement of the Service, given that SSI's work to provide and prepare for the Service will be completed within 2 months prior to the commencement of the Service.

4.  The Parties may terminate the contract between them no later than 2 months prior to the commencement of the Service by ordinary notice as follows:

4.1.  If the Resident terminates the contract, the Resident is obliged to pay half of the Service Fee (First Fee Installment) as a penalty.

4.2. If SSI terminates the Agreement, SSI shall be required to reimburse the Service Fee (for the Resident) already paid by the Resident, however, SSI shall have no additional fee in addition to repayment of the Service Fee already paid.

5.      In case of material breach of the contract, the Parties may terminate their legal relationship immediate effect. Material breaches of contract, including (non-taxative list):
-   the Resident fails to pay the fee or other payment obligation within the time limit,
-   the Resident violates the essential obligation or prohibition undertaken in these GTC, in particular the obligation of confidentiality and copyright.
-   one of the Parties fails to fulfill any other obligation to either party within a time limit attributable to it and fails to remedy such failure within 15 days of receipt of the other party's written request.

X.     SSI’s Responsibilities

1.      The use of the Website takes place at the user’s own risk. Spatial Sound Institute (SSI) strives to reach maximum quality of the contents offered at Website, but can take no responsibility whatsoever for the topicality, correctness, completeness or quality of the information provided. Liability claims against SSI, which relate to damages of a material or ideal nature, which were caused through the use or non-use of the information provided or through the use of incorrect and incomplete information, are fundamentally excluded, so far as no demonstrable, intentional or grossly negligent fault on the part of SSI exists. All offers are subject to alteration and without obligation. SSI expressly reserves the right to alter, supplement or delete parts of the website and its pages or the entire offer without separate announcement, or to discontinue the publication for a time or for good.

2.      The Resident acknowledges that due to the nature of the Internet, the continuous operation of the Website may be interrupted despite SSI's prior knowledge and intent. Accordingly, SSI does not guarantee the error-free and uninterrupted operation of the Website.

3.      SSI shall only be liable for damages caused by willful or grossly negligent errors attributable to it. The extent of liability may not exceed the value of the transaction involving the use of the Service.

4.      The Resident acknowledges that SSI is not liable for any damage or misuse that occurs during or as a result of paying with a credit card.

5.      SSI takes the utmost care in handling and storing personal data. However, the Internet and information technology are an environment in which SSI is not liable or excluded for any damages caused by unpredictable attacks that occur despite the utmost care.

6.      SSI excludes liability for any damage caused by the Resident's or a third party's unlawful or unlawful actions or omissions.

7.      SSI excludes any liability for the contents of third parties which are referred to by direct or indirect links. SSI has no influence whatsoever on the current and future design, contents or authorship of the linked and/or associated pages. Therefore SSI expressly distances itself herewith from all the contents of all the linked and/or associated pages. This statement is valid for all links and referrals set within the internet offer of SSI, as well as for all entries by third parties in discussion forums, comment-functions and comparable services provided by SSI. For illegal, incorrect or incomplete contents and in particular for damages which result from the use or non-use of information provided in the above mentioned forms, the provider of the page to which one was referred, is the only person responsible, and not the person who is just referring to the respective publication via links.

XI.     Contact

1.      Written communication is defined as correspondence between SSI and the Resident by e-mail.

2.      The Resident may contact SSI staff by sending a letter to the following address:

< info [at] spatialsoundinstitute [dot] com >

XII.     Final clause

1.      Force Majeure:

1.1. Force Majeure relates to an event beyond expected control activities, in particular strike, labor blockade or other third party industrial activity, riot, rebellion, demonstration, terrorist attack or threat thereof, war, threat or preparation for war, fire, explosion, storms, floods, earthquakes, landslides, epidemics or other natural disasters, or breakdown or unusability of the Internet.

1.2. Neither party shall be liable for non-performance or defective performance of its obligations under the contract if caused by Force Majeure. In the event of Force Majeure, the party concerned shall immediately notify the other party in writing. During the period of Force Majeure, the contract is suspended.

1.3. SSI states that in the event of an external cause or Force Majeure that cannot be prevented by human force (e.g. an epidemic), SSI is entitled to change the date of commencement of the Service.

2.      To these GTC applies in particular Act V of 2013 on the Civil Code, EUROPEAN PARLIAMENT AND COUNCIL (EU) 2016/679 REGULATION (2016. April 27.) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Regulation (EC) No 95/46 (General Data Protection Regulation) (GDPR) and applicable Hungarian law.

Annex No 1.

A: Technical Service(s) NOT Included 

Personal Computer:
- Modern Multicore CPU 2.5 GHZ or above (Intel core i7)
- 16GB DDR4 or above
- Ethernet Port
- SSD storage
- Audinate Dante Virtual Soundcard
- Ableton Live 10*

* Ableton/Max4Live is the recommended interface software to interact with the 4DSOUND system. In case of other requirements or wishes from the Resident with regards to the interface, please contact SSI staff first.
 

B: Technical Service(s) Included

Audio Equipment:
— Omnidirectional satellite speakers OmniDrive Pro (x36)
— 4D Subwoofers (x8)
— Aura AST-2B-4 Pro Bass Shaker Tactile Transducer (x24)
— Yamaha XMV-8280-D amplifier (x5)
— Yamaha XMV-4280-D amplifier (x5)
— Yamaha XMV-8140-D amplifier (x2)
— Yamaha XMV-4140-D amplifier (x2)
— Digital mixing console LS9-16 with Dante interface
— SubPac with adapters and receivers (x5)
— Audio transducers, exicters and actuators (various)


Controllers:
— SPACE CONTROL 01 by STUDIO360
— POZYX position tracking system
— Neuron Perception 32-sensor motion tracking system
— iPad
— Touchscreen Hanns-G Display
— U-Control UC-33
— Behringer BCR-2000 rotary USB controller
— Leap Motion hand and finger motions sensor
— Looking Glass 8.9’’ holographic display
— LCD monitor Samsung SyncMaster 152S, 15"


Computers:
— Main Rendering CPU (4D.Engine)
    - Intel i9-9900x CPU @ 3.50GHz
    - 64x bit
    - Windows 10
    - 32 gb RAM
    - 2 TB SSD
    - NVIDIA GeForce RTX 2070
— MacBook Pro 15” 2016


Microphones and Applied Sound Equipment:
— ZYLIA ZM-1 3rd order Ambisonics microphone array (x2)
— DPA 4006A omnidirectional measurement microphone
— Roland binaural in-ear microphones
— Shure MS58 Microphones (x3)
— Tascam DR-05
— M-AUDIO Firewire 1814
— Sony UHF transmitter and receiver
— Wireless headphone receivers with headphones (x50)
— Sound level meter VOLTCRAFT


Network Equipment:
— DGS-1100-24 24-Port Gigabit Smart Managed Switch
— TP-Link wifi router AC1200
— Ethernet cables


Visual Equipment:
— Neon light tubes white and blue (x48)
— 2 m2 automatable double-sided projection screens (x6)
— Programmable/DMX controllable LED strips (x2)
— Tour Hazer II by Smoke Factory


Acoustical Equipment:
— Foam absorbers
— Acoustic panels
— Molton curtains


Comfort Equipment:
— Mattresses (x70)
— Cushions (x70)
— Blankets (x70)


Cables and Connectors:
— Various cables and connectors
— Jack (TRS), XLR, USB, RCA, DMX 5 pin
— power extension, power splitters
— VGA to MIDI, S/PDIF, word clock (M-Audio)


Stands:
— Tabletop mic stand
— Mic clamps
— Mic stands
— Note stands
— Basic Camera Tripod


Tools:
— Knives
— Screwdrivers
— Hammers
— Drills


Acoustic Instruments:
— Upright piano
— Tibetan bowls, various
— Small percussive instruments, various