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Terms of Service
These conditions regulate business relations between FilmFix.com - Nathaniel Courtens, Ojai, CA 93023, U.S.A., later named FilmFix and the customer. It is possible to add to these conditions if the customer first adds notes to the field “Type any extra notes for us here:", and then only if FilmFix approves of them. Additions and changes may bring forth an increased price.
The Order is binding once FilmFix receives both the material that needs transferring, and the copy of the order form. With the order form included in your order, you confirm that you are at least 18 years of age and the lawful owner of the film/video material.
Liability and Copyright Laws
FilmFix will only transfer content which is original to customer, or that customer owns or has a license to use, or that falls within the fair use exception under copyright law, and where the transfer of such content by FilmFix does not violate the rights of others or applicable copyright law. Accordingly, FilmFix will not transfer copyrighted commercial content (such as movies and television shows) that does not meet such criteria. By placing an order, customer certifies that the content provided to FilmFix is original to customer, or that customer owns or has a license to use such content, or such content falls within the fair use exception under copyright law, and that the transfer of the content by FilmFix does not violate the rights of others or applicable copyright law.
Customer releases FilmFix and its owners, officers, directors, employees, agents, subcontractors, suppliers and vendors from any liability arising from FilmFix’s transfer of the content provided by customer. Further, customer agrees to indemnify, defend and hold FilmFix, together with its owners, officers, directors, employees, agents, subcontractors, suppliers and vendors (collectively, the “FilmFix indemnitees”), harmless from and against any and all claims, suits, proceedings, judgments, liability, damage, or expense, whether or not adjudicated, that such entities may incur arising out of any actual or alleged violation of copyright laws, or violation of the rights of others, related to FilmFix’s transfer of the content provided by customer to FilmFix.
Return Policy
If needed, a full refund or replacement will be granted on any faulty Hard drive, Blu-ray, DVD, MiniDV, providing the defective item is discovered within the first five (5) days following delivery of said stock. You will need to return the faulty stock, so we can investigate the problem. The replacement may include re-processing (transferring/rendering) of the intended order or section of a given order, at our expense.
We will re-transfer an order, free of charge, if ever we find a transfer is clearly faulty in some way due to our performance. If the customer prefers not to have the order re-transferred, that is the customer's choice.
There is no refund on services ordered (i.e. labor for actual film transfer time, film cleaning, mounting, etc).
There is no refund of shipping costs, no payment for shipping damage, nor loss of goods while in transit, via any given carrier.
Total Price
The prices listed are binding with your order. Final film transfer costs will be calculated based on the actual running-time of your order – not the price quoted in the Estimate. Additional costs such as: cleaning films, fixing torn splices (over 3 per reel), special handling of overfilled reels, order handling fees will be added to the transfer cost. Prices are subject to change without notice.
Link to our Price List
Taxation
There is no sales tax on our transfer services.
Shipping charges
FREE return postage only applies to U.S. orders. Return shipping is not paid on a given order if we choose not to transfer that particular order, for any reason. In this case, we ask for prompt payment of shipping fee prior to the return of customer's original materials. We cover standard USPS postal insurance, of up to a $50 value, on all return shipments. On International orders, we do not pay return postage.
IMPORTANT NOTE: We do NOT transfer the larger format film - of 16mm film. If by chance you send us 16mm film, by mistake, we will ask that you pay for both the return postage of your film plus an additional $18.00 Order Handling/Labor Fee!
How Order Process Works
Please see “How Order Process Works:”.
Damages and losses
Great care and precautions are taken during each stage of all orders. FilmFix cannot be held liable for any damages or losses that may occur during the film/video transfer process. FilmFix also cannot be held liable during transit to, or from FilmFix, nor while customer's materials are in FilmFix's possession.
Data carrier provided by a customer
FilmFix is not held responsible for any existing data which may reside on data carrier delivered to FilmFix. FilmFix has full rights to erase any existing data on a customer's supplied hard drive, USB stick or SD card.
Non-Guarantee of material used
FilmFix cannot guarantee any shelf life or lifespan of the data carriers (DVD/Blu-ray/MiniDV/Tapes/Hard Drives). FilmFix cannot be held liable for its choice of data carrier products sold to the client.
Legal Jurisdiction
All orders are subject to U.S. Laws. If a legal matter should arise, legal proceedings will take place in the jurisdiction of Ojai, California, U.S.A.
Payment
FilmFix will bill client via an emailed Invoice (a PDF file) once transfer is complete and requests prompt payment thereafter. FilmFix remains the owner of all delivered goods until the Invoice charges have been paid in full. (Occasionally FilmFix will request a deposit for an order prior to commencing work on that order -- for very large orders only.)
Data protection
Customer’s data is protected with the highest of standards. Customer’s data will never be transmitted to third parties and full privacy of data is respected. Web pages are transmitted encoded wherever necessary or appropriate. Unfortunately, not all personal data which is sent via E-mail can be protected/encoded. FilmFix reserves the right to give personal data to third parties only in the event that customer deceives or attempts to deceive FilmFix through incorrect statements or by committing a breach of this contract.
DVD compatibility
The DVD dubs are produced in the standard NTSC format "DVD 4,7GB - For General Use" (DVD-R or DVD+R). FilmFix cannot guarantee that the DVDs produced will be compatible for playback on the customer’s DVD player. Some older DVD players have compatibility issues. Therefore, the customer orders DVDs at their own risk and realizes if they own an older machine they may need to replace it in order that the DVD plays properly.
Deviations in picture and sound
Insignificant deviations in picture and sound is a possibility during the transfer process.
Transfers
FilmFix will strive to execute orders based on the customer’s wishes. On occasion, customer’s requests cannot be fulfilled due to the unpredictable running times of customer’s films in relation to how much can fit onto any particular target media. This can create the need for use of additional stock.
Refusal rights of FilmFix
FilmFix reserves the right to refuse the transfer of any customer's order for a variety of reasons, without explanation. FilmFix is not obligated to give a specific reason for refusal of service. FilmFix will not transfer material which it may deem offensive. Films which contain violent or abusive situations, are overtly sexually explicit in nature, or contain any obvious socially unacceptable behavior will be considered offensive and will not be transferred. Moldy (slides, photographs and films), heavily soiled, extremely worn, markedly perfumed, or goods kept in excessively poor condition may also be refused. The customer will pay shipping expense to return materials we deem as not acceptable, with which to work.
Privacy Rights
FilmFix honors full privacy rights to each customer's personal material. We do not share, post, nor sell any customer's personal family material. Any customer material seen on our website has been allowed by individual customer who owns that content. It is only with their express written consent that it appears on our website. For more detailed information on our Website Privacy Policy - please click here.
Delivery Date
FilmFix cannot be held liable if a particular “estimated completion date” is not met and is not required to offer compensation if that date is not met. While the “estimated completion date” is treated with our utmost respect, it is not a guarantee that an order will be completed by that date.
Liability
FilmFix can only be held accountable for a problem if it is clearly proven that FilmFix intentionally mishandled material or were grossly negligent in some manner. FilmFix is only liable for minor negligence if an incident is in violation of an agreement in this contract.
FilmFix cannot be held liable for direct damages. FilmFix cannot be held liable, in any way, for loss or damage of a customer’s material, images or sound content. It will only be held liable for the replacement of the stock value for any lost or damaged material, i.e. a hard drive.
In this case, the liability is limited based on the order placed and FilmFix will only be held liable for the value of the placed order. FilmFix cannot be held liable for loss or damages in the event of a natural disaster, act of nature, or higher force (i.e. fire, flood, earthquake, war, etc.)
FilmFix cannot be held liable for any mistake which may occur due to a content miscommunication of a telephone conversation. An oral agreement made by phone or in person must be in writing in order for it to be considered valid.
If a portion of an order contains any faulty transfers, a client is not required to pay for that but must still pay for the remaining acceptable transfers. Claims of obvious mistakes must be made in writing and within 7 days of receipt of transferred goods, otherwise the complaint may not be considered.
If a clause is considered legally invalid or inadmissible, the remaining clauses of the agreement still retain full validity. The invalid clause will be replaced by a new clause which best fits the meaning of the original clause.
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