AZ Digital Transfers
Terms & Conditions:
This agreement (the "Agreement") is a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and the owners of AZ Digital Transfers.
YOU UNDERSTAND THAT BY SIGNING THIS DOCUMENT, AND BY USING OUR SERVICES, YOU ARE BOUND BY THIS AGREEMENT, AND ARE BOUND BY THIS LEGAL BINDING CONTRACT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, PLEASE DO NOT SIGN THIS DOCUMENT, AND ANY SERVICES REQUESTED WILL NOT BE PERFORMED. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF A BUSINESS OR PERSON, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS OR PERSON TO THIS AGREEMENT, AND YOUR AGREEMENT TO BE BOUND WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS OR PERSON. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
Digital Video Conversions and Storage Transfers
All Media is precious and one of a kind. At AZ Digital Transfers, we understand this, and take great measures to ensure that your media will be safe and undamaged in our possession during the conversion process. We will never loose, destroy, or misplace your items. You understand however, that even though we ensure the safety of your items at all times, you agree that you are solely responsible for any Items, Media, and or Data being submitted in relation to the use of our Services, and agree to indemnify, defend, and hold harmless AZ Digital Transfers from any and all claims, losses, cost, liability, and expenses (including, without limitation, reasonable attorneys' fees and costs), arising from the access, storage, playback, and use of your Items, Media, and or Data in relation to the use of our Services.
You acknowledge and agree that you should not rely on our Services for any reason. Turnaround times for any submitted order is estimated, and if you expect an order to be completed by a certain date based on that estimate turnaround, or you need an order completed by a certain date for your own personal or business reasons, you acknowledge that unless you otherwise note on this agreement, that the estimated turnaround time may be incorrect, and may be longer than expected. You further acknowledge and agree that YOU are responsible to protect any and all item, media and or data stored or processed by the use of our Services. The Use of our Services is at your own risk. AZ Digital Transfers will have no responsibility for any harm to your media, loss or corruption of any data or information, or other harm that results from the use of our Services.
Turnaround Times for Digital Conversions
AZ Digital Transfers cannot fully guarantee or promise the turnaround time of any order that we receive for unless it is DIRECTLY NOTED ON THIS AGREEMENT, and written on the estimated invoice. Nothing else verbal or written constitutes any kind of promise or guarantee of turnaround time. You further understand that, when working with any or older media, especially media more than 10 years in age, it is especially difficult to predict any and all scenarios in which damage to the media, length of time of the media, repairs, equipment failure, delays caused by difficulty in playing the media, or delays caused by the timing of submitted items during high volume periods, could make guaranteeing a turnaround date very difficult or impossible to be completed by.
AZ Digital Transfers is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computers and hard drives, telecommunication or other equipment, labor disputes, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts, or non-performance of third parties.
Digital Millennium Copyright Act Compliance
You will only submit mail, or transmit items, media, and data and/or files: (i) that you have the lawful right to use, own, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party. You understand that AZ Digital Transfers is solely providing you with services for video production, and or for digital conversions for archival, and does not own, or hold rights to anything submitted. You further understand that as the owner of the submitted content, in any circumstance of a copyright violation, you will be held fully liable for the submission, any products, items, digital files received created with the use of our services, and any expenses incurred from the violation.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, AZ Digital Transfers will respond expeditiously to claims of copyright infringement committed with the use of our conversion and Digital Transfers Services. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement form, and delivering it to the owners of AZ Digital Transfers. Upon receipt of Notice, AZ Digital Transfers will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Disclaimer of Warranties & Refunds
There is A 30 day warranty on all DVD, & Cd’s produced by AZ Digital Transfers. wITHIN tHE WARRANTY PERIOD, If the DVD(s) or CD(s) produced are found to Be DEFECTIVE and not IN direct result of damage or negligence CAuSED by the Customer, AZ Digital Transfers will replace the CD or Dvd disc(s) at no extra charge. AZ Digital Transfers makes Every EFFORT to capture the HIGHEST AND BEST QUALITY possible from any Submitted MEDIA, but it should be understood that though THE SUBMITTED media may appear to be flawless on the exterior, there could still be many hidden or unexpected issues that COULD affect the overall quality AND OUTCOME OF THE DIGITAL CONVERSION, AND Therefore, THERE should be no expectation that ANY DIGITAL CONVERSION WILL be FLAWLESS. AZ digital Transfers will not issue ANy KIND OF refund FOR services oN final products produced or created DUE TO pLAYBACK dETERORATION ISSUES Arrising From the condition of the Original media. ANY APPLIED DIGITAL RESTORATION TO ANY SUBMITTED MEDIA IS NOT GUARANTEED BY Az dIGITAL tRANSFERS, AND NO REFUNDS WILL BE ISSUED DUE TO THE CUSTOMERS EXPECTATION OF WHAT THE RESTORATION APPLIED TO THE SUBMITTED MEDIA WILL FIX OR REPAIR. AZ DIGITAL TRANSFERS WILL NOT ISSUE refunds due to clients lack of knowledge of how to USE THE media produced and received. AZ Digital transfers WIll not issue refunds due to the INCOMPATIBILITY of third party programs or services used in CONJUNCTION with media produced or received, or issue refunds due to damages caused by THE CLIENT’s negligence or IMPROPER care of the media and products received. In any event in which AZ Digital transfers is deemed liable for a refund of any amount, AZ Digital transfers reserves the right to use store credit as equal repayment for the refund of deposits or payments made. The SERVICES, HARD DRIVES, USB FLASH DRIVES, DVD'S, CD'S, AND ANY PRODUCTS AZ DIGITAL TRANSFERS PRODUCES AND DISTRIBUTES ARE PROVIDED "AS IS" AND WITH NO OTHER WARRANTIES BEYOND DISCRIBED. AZ DIGITAL TRANSFERS WILL EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF OUR SERVICES. AZ DIGITAL TRANSFERS MAKES NO WARRANTY THAT THE SERVICES PROVIDED WILL MEET YOUR REQUIREMENTS. AZ DIGITAL TRANSFERS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE USE OF OUR SERVICES. AZ DIGITAL TRANSFERS DOES NOT WARRANT THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR OUR SERVICES. ANY ADVICE OR INFORMATION ABOUT THE FINAL PRODUCTS OR SERVICES PERFORMED OR PRODUCED, WHETHER ORAL OR WRITTEN OBTAINED FROM AZ DIGITAL TRANSFERS AND IT’S OWNER(S) / EMPLOYEES WILL NOT CREATE ANY WARRANTY.
Unless otherwise specified, AZ Digital Transfers will require a deposit of funds before any services will be performed. The amount for deposit will be at AZ Digital Transfers discretion, and will be 20% to 50% of the final amount total due, but not to exceed more than $500. All prices for performed Services are subject to change without notice. AZ Digital Transfers reserves the right at any time, to modify, suspend, or discontinue, providing Services, or any part thereof in its sole discretion with or without notice. AZ Digital Transfers will use reasonable efforts to notify you of modification, suspension, or discontinuance of the Services either by sending you a certified letter to the address provided below, an email to the email address, or calling the telephone number(s) you provided. If our attempts to reach you go unanswered for more than 30 days after project completion, we will consider your items abandoned, and ALL items will become the property of AZ Digital Transfers. Your items at this point may be disposed of or destroyed. In no event will AZ Digital Transfers be liable to you or to any third party for the disposal of your items resulting from non communication. In the event that you or any third party chooses to remove or discontinue services at anytime with AZ Digital Transfers after the media has been received or during the conversion process, AZ Digital Transfers will not be liable for any refund of deposits for any services and products already produced or provided, and you will be required to pay in full for any services or products provided.
Any and all completed orders with UNPAID balances after 30 days will accrue a $10 storage fee per month until picked up. If after 90 days the order has not been picked up, AZ Digital Transfers has the right to take ownership of the items, and is not responsible for the loss or damage of the items.
This Agreement will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any conflict of laws provisions. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving Maricopa County, Arizona, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit AZ Digital Transfers from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.
The failure of AZ Digital Transfers to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
I HEREBY AUTHORIZE AND AGREE TO THE TERMS OF THIS FULL DOCUMENT, AND AGREE TO PAY BY CREDIT CARD OR CASH FOR ALL SERVICES AND ITEMS LISTED ON MY INVOICE, AND UNDERSTAND THAT FULL PAYMENT IS REQUIRED UPON COMPLETION OF THE SERVICES AND PRODUCTS PROVIDED TO THE CUSTOMER BY AZ DIGITAL TRANSFERS. ABSOLUTLEY NO PERSONAL CHECKS ACCEPPTED. I UNDERSTAND THAT ALL TURN-AROUND TIMES ARE IN BUSINESS DAYS ONLY, AND UNDERSTAND THAT AZ DIGITAL TRANSFERS DOES NOT MAKE ANY PROMISES OR GUARANTEES FOR TURN-AROUND TIME UNLESS SPECIFICALLY NOTED. IF I CHOOSE TO REMOVE ANY ITEMS OR THE ENTIRE ORDER FROM AZ DIGITAL TRANSFERS AT ANY TIME, ANY SERVICES ALREADY PROVIDED IN RELATION TO YOUR MEDIA WILL HAVE TO BE PAID FOR AT THE TIME OF REMOVAL. I UNDERSTAND IT IS MY RESPONSIBILITY TO INFORM AZ DIGITAL TRANSFERS IF I NEED MY ORDER BY A SPECIFIC DATE AND I UNDERSTAND THAT THIS SERVICE MAY BE AFFECTED DURING HIGH VOLUME PERIODS OF THE YEAR. I UNDERSTAND IT IS MY RESPONSIBILITY TO CALL OR EMAIL FOR UPDATES ON MY ORDER. I UNDERSTAND THAT AZ DIGITAL TRANSFERS WILL NOT ISSUE ME A REFUND ON ANY OR ALL SERVICES OR FINAL PRODUCTS PRODUCED DUE TO DETERIORATION ISSUES ARISING WITH MY ORIGINAL MEDIA. I FULLY UNDERSTAND THE CONTENTS OF THIS CONTRACT AND I AGREE THAT I AM BOUND TO THIS LEGAL BINDING CONTRACT.