1. Purpose and Scope
This Refund Policy governs refunds, cancellations, replacements and remedies relating to digital music products, DJ packs, downloads, production services and other products or services supplied by Metallic Records, subject to the terms of the applicable transaction and mandatory South African law.
2. Digital Music Products
Digital products may include MP3 or WAV files, albums, singles, EPs, DJ packs, instrumentals, stems, production assets or other downloadable content. Because digital content can be copied or accessed after delivery, refund eligibility depends on the circumstances, the condition of the product and applicable law.
3. Defective or Corrupted Files
If a purchased file is corrupted, incomplete, materially defective or cannot reasonably be accessed due to a problem attributable to Metallic Records, the customer should contact Metallic Records promptly with the order details and a description of the problem. Metallic Records may first attempt to provide a replacement file or corrected delivery.
4. Duplicate Purchases
If the same digital product is accidentally purchased more than once, the customer should provide the relevant order details. Where the duplication is verifiable, Metallic Records may consider a refund or other reasonable remedy, subject to payment-provider limitations and applicable law.
5. Change-of-Mind Requests
Because digital products may be delivered immediately, a change-of-mind refund is not automatically guaranteed. Any statutory consumer rights that apply to the particular transaction remain unaffected.
6. Services and Production Work
Recording, mixing, mastering, production, arrangement, engineering, distribution, promotional and other services may involve work performed specifically for a client. Deposits, booking fees, completed work and third-party costs may therefore be treated differently from an unused retail product. The governing written agreement or quotation should be consulted.
7. Cancellations
Cancellation requests should be made as early as possible and in writing. The applicable agreement may specify cancellation windows, non-refundable amounts, work already performed, committed studio time, third-party charges and delivery milestones.
8. Payment Providers
Where payment is processed by a third party, refunds may be subject to the provider's processing time and procedures. Metallic Records may retain evidence of the transaction, refund instruction and correspondence for accounting and dispute purposes.
9. Refund Assessment
When assessing a request, Metallic Records may consider the product or service purchased, delivery status, whether access occurred, whether the issue is technical or substantive, work already performed, contractual terms, evidence supplied, fraud or abuse indicators and mandatory consumer rights.
10. Consumer Rights
This Policy is not intended to remove rights that cannot lawfully be excluded. The Consumer Protection Act provides a framework for consumer rights and fair business practices in South Africa.
11. Fraud, Abuse and Chargebacks
Metallic Records may investigate suspicious refund requests, repeated chargebacks, unauthorised use, payment fraud or attempts to obtain digital products without lawful payment. This does not prevent a customer from exercising a genuine statutory or contractual right.
12. Evidence and Records
For each material refund or dispute, Metallic Records may retain order records, invoices, payment confirmations, delivery logs, download/access records where available, communications, file versions and refund decisions for lawful business, accounting and dispute-resolution purposes.
13. How to Request a Refund
A request should identify the purchaser, order or invoice reference, product/service, date of purchase, reason for the request and supporting evidence. Metallic Records may ask for reasonable additional information to verify the transaction.
14. Resolution and Escalation
Metallic Records will seek to resolve legitimate issues reasonably and in accordance with the applicable agreement and law. Where a dispute cannot be resolved, the parties may use any contractual dispute-resolution mechanism and any remedy available under applicable South African law.
Legal Framework and Applicable South African Law
This Policy is intended to operate within the laws of the Republic of South Africa. Nothing in this Policy is intended to exclude, waive, limit or contract out of a mandatory legal right, obligation, remedy or protection that cannot lawfully be excluded or limited.
The legal framework relevant to Metallic Records' activities may include, depending on the transaction and circumstances, the Copyright Act 98 of 1978 and applicable amendments; the Performers' Protection Act 11 of 1967 and applicable amendments; the Protection of Personal Information Act 4 of 2013 (POPIA); the Promotion of Access to Information Act 2 of 2000 (PAIA); the Consumer Protection Act 68 of 2008 (CPA); the Electronic Communications and Transactions Act 25 of 2002 (ECTA); applicable intellectual-property, contract, commercial, tax, evidence, advertising and consumer law; and other legislation or regulations applicable to a particular activity.
South African government materials identify the Copyright Act as regulating copyright in musical and other works, while the Performers' Protection Act protects performers' rights. The Copyright Amendment Act 9 of 2002 specifically addresses copyright in sound recordings and royalties.
Music Rights, Copyright and Sound Recordings
Metallic Records treats music rights as separate rights that must be identified and documented. A musical composition, lyrics, sound recording/master, performance, artwork, photograph, video, name, logo, sample, remix, stem and other material may involve different rights and different rightsholders.
Unless a written agreement expressly provides otherwise, the existence of a recording, upload, release, invoice, payment or promotional relationship does not by itself establish that every underlying copyright or publishing right has been transferred to Metallic Records.
For sound recordings, the rights of the owner and the rights of featured performers must be considered separately. South African legislation recognises exclusive rights relating to sound recordings and provides a framework concerning royalties and performers.
Performers, Artists and Moral/Economic Rights
Artists and performers remain responsible for accurately identifying their contribution and the rights they control. Metallic Records will seek appropriate written permissions, licences, assignments or other contractual authority before exploiting rights that belong to an artist or third party.
Where applicable, performer rights, including rights relating to the use of performances and recognition of performers, must be respected. The Performers' Protection Amendment Act 8 of 2002 amended the statutory framework concerning restrictions on the use of performances.
Publishing, Composition and Songwriter Rights
Composition rights are distinct from master-recording rights. Writers, composers, lyricists, publishers and other contributors may have interests in the underlying musical work even where Metallic Records owns, controls or distributes a sound recording.
Any assignment, administration, licence, publishing arrangement, split, royalty participation or waiver must be established by an applicable written agreement and should identify the work, contributors, percentages or commercial terms, territory, duration and rights granted.
Royalties, Collecting Societies and Rights Administration
Where royalties arise through public performance, broadcast, communication to the public, digital exploitation, sound-recording use or other rights, the relevant contractual and statutory rules apply. South Africa has collecting societies that administer different categories of music rights. CIPC materials identify organisations including SAMRO, SAMPRA and other collecting societies and explain their roles in royalty collection and distribution.
Registration or membership with a collecting society does not automatically transfer unrelated rights to Metallic Records. Conversely, a private contract with Metallic Records does not by itself prevent a rightsholder from exercising a statutory right that cannot lawfully be contracted away.
Contracts, Evidence and Record Keeping
Metallic Records may use written artist recording agreements, producer agreements, beat/instrumental licences, service agreements, invoices, release confirmations, delivery records, royalty statements, correspondence, approvals and electronic records to establish the terms of a relationship.
Electronic communications and electronically stored records may be retained as business records where lawful. Parties should keep signed agreements, identity/business details where lawfully collected, invoices, payment confirmations, delivery records, approvals, credits, split sheets, metadata and correspondence relating to material transactions.
Disputes, Notices and Enforcement
If a dispute arises, Metallic Records may require the parties to identify the agreement or policy involved, the relevant transaction, the disputed rights or obligations, supporting documents and the remedy sought. Where an applicable contract contains a dispute-resolution procedure, that procedure should be followed subject to mandatory law.
Nothing in this Policy prevents Metallic Records from seeking urgent or appropriate relief from a competent court, preserving evidence, enforcing intellectual-property rights, recovering amounts lawfully due, or taking other lawful steps necessary to protect the company and its rights.
Priority of Law and Contract
Where there is a conflict between this Policy and a signed project-specific agreement, the signed agreement will govern the project-specific commercial terms to the extent legally valid and applicable. Where mandatory South African law conflicts with either, the mandatory law prevails.
These policies are company policies and contractual terms where incorporated into an applicable transaction. They do not create a private legal system capable of overriding South African legislation or a court's authority.
Legal Review and Updates
South African music and intellectual-property law can change through legislation, regulations, court decisions and regulatory developments. Metallic Records may update its policies when necessary. A new version should identify its effective date and should not be interpreted as retrospectively changing a signed agreement unless the parties lawfully agree to that change.
Because the enforceability of a particular clause depends on its wording, facts, contracting parties and applicable law, Metallic Records should obtain advice from a South African attorney or suitably qualified legal professional for material disputes, high-value agreements and unusual rights transactions.