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Terms of Use

Terms of Use

Liability

1.    LIABILITY.  The film(s), videotape(s), prints(s), negatives, documents, or any other materials submitted by the client, regardless of their format or condition, are declared to be the personal property of the named client unless otherwise specifically declared at the time of submission by the client themselves (or their agents).  The client acknowledges and agrees that FSA Digital Services, its employees, vendors, contractors, third-party entities, agents and/or assigns (hereafter referred to as “FSA Digital Services et al ”) have liability for any loss, damage or delay to materials during the requested services that will be limited to the replacement cost of the physical items only, of similar type and condition/quality and, except for such replacement, FSA Digital Services et al shall not be liable for any other loss or damage, be it direct or indirect or consequential or incidental, arising out of the client’s use of the facilities, technologies or services of FSA Digital Services et al .

Copyright Waiver

2.    COPYRIGHT WAIVER.  The client specifically warrants that the materials being presented to FSA Digital Services et al are not protected by copyrights owned by another or, if any materials are in fact so protected, that the client has previously obtained full and proper permission from the copyright owner(s) to allow FSA Digital Services et al to perform the requested service(s) on said materials.  The client will, in all cases, hold FSA Digital Services et al harmless against all assertions, claims, judgments, costs, legal fees or other expenses that might arise by reason of any infringement, or alleged infringement, of copyrights related to any order, project, or work product.

Materials Preparation

3.    MATERIALS PREPARATION.  To protect both client materials and our digitization equipment, submitted materials should be in a clean and playable condition whenever possible.  If client materials must be modified, repaired, added to, removed from, and/or cleaned by FSA Digital Services et al in order for them to facilitate digitization efforts, then the client understands and agrees to allow FSA Digital Services et al to do such to at least the minimum performance standards necessary to complete the digitization process, at reasonable and provable cost.

Best Efforts

4.    BEST EFFORTS.  The client understands that obsolete materials, technologies and processes are sometimes involved in digitization efforts of their items, and that FSA Digital Services et al will offer its “best effort” practices in the fulfillment of the client’s requests, but the client understands and acknowledges that specific results cannot be guaranteed.  Oversized, oddly-sized, or oddly-shaped materials may require additional and/or unique efforts in order to achieve the client’s goals.  Damaged client items may require physical repair, modification or replacement in order to successfully facilitate digitization efforts.

Compatibility

5.    COMPATIBILITY.  The client understands that the field of digitization is large and constantly changing, and as such the client further understands that FSA Digital Services et al does its best to offer its digitized materials in formats that are compatible with the client's needs, as they are stated by the client; however, the client acknowledges that, while FSA Digital Services et al operates under the "best effort" principal as previously stated (above),  it cannot guarantee absolute compatibility with all of the client's hardware and/or software.  Ultimate compatibility for the usage and storage of work product lies with the client and not with FSA Digital Services et al . 

Decisions

6.    DECISIONS.  The client understands that, unless otherwise specifically requested, a set of default digitization practices will be used to complete the client's project(s), that default practice including digitization according to "best practices" as determined by each individual item, and one copy of the original work product being archived on Blu-Ray data disc(s) for delivery to the client.


If work requires that one or more decisions be made by the client in order for project work to begin or to proceed, then the client understands that s/he has seven (7) calendar days from which to respond to the most recent request for a decision, regardless of the method of communication used to convey the need for said decision.  If the client has not responded in a verifiable format within the prescribed seven-day window, then the default method(s) and material(s) will be used in order to initiate/continue work on the client's project in a timely manner.  If conversation with the client has moved into matters beyond the default methods, standards and/or quantities, then the client's most recent last request in regards to specifics toward project completion will be implemented.

Cancellations

7.    CANCELLATIONS.  If at any point the client chooses to modify, reduce and/or cancel the project order, the client understands and agrees that all services performed up to the verifiable point of cancellation will be charged at normal rates, and this includes evaluations and/or estimations.  The client further understands and agrees that all items in the possession of FSA Digital Services et al will be retained until payment in full has been received and the payment funds have been fully verified.

Estimates

8.    ESTIMATES.  In certain situations, the client may not be aware of the exact parameters of the project they are requesting, and they will then request that FSA Digital Services et al conduct an evaluation of the submitted materials in order to facilitate an estimate of the project, whether that estimate is in regards to size, timeline for completion, feasibility, cost, etc.  In some cases, the estimation process this may involve creating samples for client review, creating and submitting documents/spreadsheets/etc, estimating film and/or tape run times, carrying out repairs, etc which can sometimes prove to be both time- and labor-intensive.  In those cases where estimates are carried out, and the work product is being provided to the client, the estimate is billed according to standard business rates and practices.  It is common practice for FSA Digital Services et al to waive the costs of the estimate if/when the estimate results in an active client project where the work is equal to or greater than the costs of the estimate.  Exceptions are discretionary by FSA Digital Services et al .

Billing

9.    BILLING.  Initial consultation, first pick-up and final drop-off are at no cost to the client.  Additional meetings/technical assistance/pick-ups and drop-offs may be billed to the client.  The client understands and agrees that all time utilized in the pursuit of the client's stated project objectives is billable, whether machine-based or human-based, including the making of different versions, as well as rendering, encoding, and uploading/downloading.  Additionally, the client acknowledges that s/he has read, understands and agrees to the pricing (rates, fees, costs, etc) and policies as detailed at https://www.makeminedigital.com/pricing .

Payment

10.    PAYMENT.  Payment can be made by money order, certified bank draft, wire transfer, bank transfer, or by PayPal (unfortunately, we cannot accept payments via Venmo at this time).  Personal checks are acceptable but, if being used for the first time, must be allowed time for deposit and verification of funds prior to the release of any materials (see below).   An additional three (3) percent will be added to your invoice amount if paying by PayPal due to PayPal's 2.9% fees per transaction.  Payment in full must be received and the funds verified prior to the release of any materials in the possession of FSA Digital Services et al .  Invoices and outstanding balances must be paid within seven (7) calendar days of notification of any amount due and/or completion of the client's project(s).  Additionally, the client understands and agrees that all materials submitted to FSA Digital Services et al will be kept until payment in full has been received for all services and materials and the funds have been fully verified.  Exceptions can be made by FSA Digital Services at the owner's discretion.

Work Product Retention

11.    WORK PRODUCT RETENTION.  The integrity of all materials provided to the client is checked prior to delivery for accuracy and/or playability in the format(s) in which they are provided to the client, and copies of the client's source material/work product will be retained for a period of seven (7) calendar days from the date of delivery to the client.  At the end of the seventh calendar day, the copies of the client's project(s) will be deleted and will be unrecoverable by FSA Digital Services et al  without any other formal notification being made to the client; therefore, the client is strongly encouraged to verify the integrity of all materials to their satisfaction prior to the end of the seven-day retention period, and to contact FSA Digital Services immediately if any errors are suspected.

Deposit

12.    DEPOSIT.  In certain situations, a project may require a security deposit.

Release

13.    RELEASE.  The client understands that FSA Digital Services et al will, on occasion, display samples/examples of original work product for use in advertising and/or illustration of its services, and the client agrees to allow such use; however, in return FSA Digital Services et al declares that: 1) Such materials will not in any way be resold or used in any way for direct monetary gain but rather only for visual examples of its original work efforts and results; and 2) FSA Digital Services et al will not identify any named client, nor any human subjects pictured in the samples/examples, in any meaningful way that would allow them to be identified personally.  The client agrees to allow FSA Digital Services et al to utilize any such materials at its discretion for advertising and/or illustrative purposes, regardless of the format being used.

Agreement

14. AGREEMENT. By utilizing FSA Digital Services et al , the client hereby warrants that s/he is of full legal age and has every right to contract in his/her own name in the above regard. The client further states that s/he has read all of the information contained in the "Terms of Use" as well as in any paperwork shown to or provided to the client, regardless of its form or format, and agrees with all the terms and conditions contained therein.


Rights

15.  RIGHTS.  FSA Digital Services et al , reserves the right to refuse service to anyone at any time.

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