Terms & Conditions
GENERAL
Envision Video Services offers this Web site, including all information, software, products and services available from this Web site offered as part of or in conjunction with this Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Envision Video Services reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.
Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Envision Video Services.
The term ‘envisionvideoservices.com’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
Use the website at your own risk. This website is provided to you “as is,” without warranty of any kind either express or implied. Neither Envision Video Services nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Envision Video Services. Envision Video Services reserves the right to change or discontinue at any time any aspect or feature of the Web site.
EXCLUSION AND LIMITATION OF LIABILITY
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Envision Video Services does not warrant that the services provided will be error-free or that all defects will be corrected or will be able to be corrected. Additionally, Envision Video Services makes no representations or warranties of any kind that any of its services will fit the particular purpose or use of any user. Envision Video Services will not be liable for any incidental, consequential, special, or punitive damage, loss of future revenues or income, lost profits, loss of business reputation, or opportunity relating to any breach or alleged breach of services.
By submitting a project to Envision Video Services for processing, you agree and acknowledge that Envision Video Services shall not be held liable for any loss or damage to the materials submitted, even through negligence or other fault of our company, agents or subsidiary, except to replace damaged materials with an equal amount of unexposed/unrecorded film/video tape. Except for such replacement, Envision Video Services and its assignees shall be without liability, direct or consequential.
RISK OF LOSS
Envision Video Services provides the service of transferring and converting various media into different forms, we do not provide any services related to the shipping or delivery of said media to or from our offices. By shipping any media to Envision Video Services, you acknowledge that Envision Video Services is not responsible for late, damaged or misdirected mail. Further you acknowledge and agree that the risk of loss passes from Envision Video Services to you once we have delivered your media to the shipping carrier for its return to you.
INDEMNIFICATION
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
FORCE MAJEURE
If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Envision Video Services relies; or any other unforeseen and external occurrence for which Envision Video Services is not responsible and could not predict which is required for the performance of its obligations, Envision Video Services will not be liable for any such loss, damage, delay or non-performance of services to the full extent excused under applicable law.
WEBSITE COPYRIGHT
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.
None of the material contained on the website of Envision Video Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Envision Video Services. Violation of this provision may result in severe civil and criminal penalties.
PRIVACY POLICY
Envision Video Services maintains a Privacy Policy as part of these Terms and Conditions that explains what information we gather and what we do with it. You can view our policy by clicking here.
REFUSAL OF SERVICE
Envision Video Services, in its sole discretion, reserves the right to refuse service to any persons, terminate any order, reject performance of services on any material, or cancel any orders for any reason at any time.
ELIGIBILITY
Envision Video Services offers its services only to adults 18 and older who can purchase them with a credit card or other permitted method of payment. If you are under age, you may use the Envision Video Services website only under the supervision of an adult.
LEGAL FORUM
This contract is to be governed at all times by the laws of the State of New Jersey. Any proceedings involving any dispute, controversy or claim arising out of, or in conjunction with these terms and conditions shall be filed exclusively in New Jersey Superior Court in Bergen County, New Jersey and all expenses for said dispute shall be paid for by the client. You and Envision Video both agree that any dispute resolution proceedings will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action.
COPYRIGHT LAW
The copyright law of the United States (Title 17, United Orders Code) governs the making of photocopies or other reconditions, the unauthorized copying of copyrighted materials constitutes a violation of the copyright law. IT IS OUR POLICY TO REFUSE TO ACCEPT ANY ORDER WHICH MIGHT INVOLVE A VIOLATION OF COPYRIGHT LAW. By submitting a project to us for processing, the customer warrants the order submitted is either under authorization or does not otherwise constitute a copyright infringement, and agrees to indemnify Envision Video Services and its affiliates, partners and subcontractors for any and all damages, including attorney fees, which may result from an assertion of copyright infringement.
COMPANY POLICY
Payment in fill is required prior to commencement for projects under $100.00
For projects over $100, a 50% non-refundable deposit is required before work is started.
Payment in full is due upon completion of the project.
Any balance remaining after 30 days of completion shall be subject to a monthly interest charge of 3%.
Payment methods accepted are cash, check, Visa, MasterCard, American Express and Discover Cards. In the event a check tendered by a client is returned by the bank unpaid, Client agrees to pay a penalty of $50.00 (Bad Check Charge) and to immediately tender another valid form of payment. Note: Returned checks may be collected electronically in the event they are returned for insufficient funds. A returned check fee of $50 will be electronically debited from the client’s account in the event that their check is returned from their financial institution.
The client is responsible for all collection fees (currently 43%) and legal fees incurred while trying to obtain payment on accounts 30 days past due.
Orders not picked up / shipped out within 30 days of completion are subject to a $50.00 storage fee and any and all client materials (including originals) may be discarded after 180 days. In this event, the client remains responsible for any balance outstanding on the account.
Envision Video Services reserves the right to remove any and all discounts offered to the client on any invoice that has not been paid in full within 30 days of the completion of the project.
Clients have 14 days from the delivery of their projects to alert Envision Video Services of any problems or corrections with their order. If any changes or edits are necessary, they must be made during that time. After 14 days, all client footage will be deleted from our systems. After footage is deleted from our systems, any additional changes or corrections will be treated as new projects and will incur new charges.
Envision Video Services does not maintain any client footage for any length of time for archival or client storage purposes.
Since all work performed is custom and any digital media delivered to the client could easily be copied and redistributed by the client quickly, we have a strict All Sales Final policy; If there are any issues with the services we have performed, we will work with the client to the best of our ability to correct them to the client’s satisfaction. However, there will be no refunds or exchanges for any reason.
COUPON POLICY
All coupons or discount codes must be presented at the time order is placed.
No coupons or discounts will be accepted for RUSH jobs or jobs with due dates less than 7 days from order date.
Only one coupon or discount will be accepted per client.
Expired coupons (coupons with expiration dates) may be accepted at half their value at Envision Video Service’s digression.
Expired promotional offers (offers with date ranges) will not be honored outside the promotional period.
A Groupon (or similar type) Voucher is a Coupon with its own terms and conditions in addition to the ones printed herein. As such, we will also follow the terms and conditions printed on the voucher.
SEVERABILITY
If any component of these terms and conditions are declared to be unenforceable by a court or other body of competent jurisdiction, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected.