1. Scope
Metallic Records primarily supplies digital music and digital creative products. This Shipping & Delivery Policy explains how digital and, where offered, physical products may be delivered.
2. Digital Delivery
Digital products may be supplied through download links, account access, email delivery, digital distribution systems or another electronic method identified at checkout. Delivery may depend on successful payment and the availability of the relevant service.
3. Delivery Confirmation
Metallic Records may retain records showing that a delivery link was generated, sent, made available or accessed where the relevant platform provides such information. These records may be used to investigate disputes concerning delivery.
4. Customer Responsibilities
Customers are responsible for providing accurate email addresses, account details and other delivery information, maintaining access to their email/account and ensuring that their device and software can receive the purchased format.
5. Failed or Delayed Digital Delivery
If a digital product does not arrive within a reasonable period, the customer should contact Metallic Records with the order details. Metallic Records may verify payment and resend the product or provide an alternative lawful delivery method.
6. File Formats and Technical Requirements
Products will be supplied in the format stated for the relevant product. Customers are responsible for having compatible software, storage and internet access. A technical incompatibility that was clearly disclosed before purchase is not necessarily a product defect.
7. Physical Products
If Metallic Records offers physical merchandise or media, the applicable product page or order confirmation should state available shipping methods, charges and estimated delivery information. Physical deliveries may be affected by courier schedules, public holidays, weather, customs, incorrect addresses and other events outside reasonable control.
8. International Deliveries
Where international shipping is offered, the customer may be responsible for applicable customs duties, taxes, import requirements or other charges unless expressly stated otherwise. Delivery estimates are not guarantees where third-party carriers or customs authorities control part of the process.
9. Lost, Damaged or Incorrect Deliveries
Customers should report missing, damaged or incorrect physical deliveries promptly and provide photographs or other evidence where appropriate. Metallic Records may liaise with the carrier and may request information needed to investigate a claim.
10. Third-Party Platforms
Digital distribution and streaming services are third-party platforms. Metallic Records can submit and manage releases within the scope of its rights and agreements but cannot guarantee the availability, ranking, algorithmic placement, technical performance or continued operation of an independent third-party platform.
11. Delivery of Artist/Producer Materials
Artists, producers and collaborators may be required under their agreements to deliver masters, stems, instrumentals, artwork, metadata, credits, split information and other materials by specified deadlines and technical standards. Failure to provide complete materials may delay release or service delivery.
12. Evidence and Record Retention
Metallic Records may retain delivery records, release submissions, metadata, file hashes or version information, emails and approvals where reasonably necessary to demonstrate what was supplied and when.
13. Force Majeure and External Events
Metallic Records will not be responsible for delays caused by events reasonably outside its control, including major outages, cyber incidents despite reasonable safeguards, platform failures, telecommunications failures, government action, natural disasters or other exceptional events, subject to mandatory law and any applicable contract.
14. Consumer Rights
Nothing in this Policy is intended to remove mandatory consumer rights. The Consumer Protection Act and other applicable law may govern particular transactions and remedies.
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.