Client Agreement

CLIENT AGREEMENT

Envision Video Services (we, us, our) will present Preliminary Invoice to Client (you, your) for your review and adjustment prior to collecting any payment. You may cancel or change your order with no financial obligation prior to acceptance of Preliminary Invoice. When you pay your deposit, it is understood and agreed that you have accepted and authorized all services, terms, and conditions of Preliminary Invoice. Upon acceptance of Preliminary Invoice, we will commence services. Your credit card will be kept on file, and you authorize us to charge credit card for the balance due on your Final Invoice at any time upon completion of the work. If your credit card is not able to be processed, we will submit Final Invoice to you for payment.

You understand that Preliminary Invoice will be adjusted (without any additional notification to you) and a Final Invoice will be created to account for any-and-all of the following: Change in services requested; Change in actual media type/quantity; Blank / un-usable media; Short media (audio and video tapes under 10 minutes long); Long media (video tapes over 125 minutes, ¼” reels over 80 minutes, DAT/DA8 tapes over 60 minutes); Media needing international conversions; Media needing repair; Change in number of master discs or disc copies needed; Change in number or size of USB sticks needed; Film containing sound; Film needing to be removed from cartridges. By authorizing us to commence work on Preliminary Invoice, you agree in advance to honor and accept the Final Invoice upon completion of the project. (Current rates for potential adjustments are listed on the front side of this document.) Upon completion of project, the Final Invoice will be created representing actual work performed.

We will endeavor to deliver the Deliverables by the target delivery date stated on the Preliminary Invoice or as you and Envision might otherwise agree, but we do not guarantee that the target delivery time will be met.

Payment in full is due upon completion of the project. Your original materials and deliverables will be held by us until your balance is paid in full. Any balance remaining after 30 days of completion shall be subject to a monthly interest charge of 3%. You are responsible for all collection fees and legal fees incurred while trying to obtain payment on accounts past due. Deposits are non-refundable. All sales are final, no refunds or exchanges. You have 30 days after delivery to bring any issues to our attention, after that time any additional work will be considered a new project and incur new charges. If you do not approve your Preliminary Invoice and pay your deposit within 45 days of initial order, or do not pick up your project within 90 days of being notified of completion, we may ship your contents back to you without permission and charge you related shipping and handling fees.  On your request, we will ship your Deliverables to the address you provide by the carrier of our choosing and at your expense. If you fail to pick up your Deliverables within 30 days of our notice to you that they are complete, we may charge storage fees. Any and all client materials (including originals) may be discarded after 180 days. In this event, you remain responsible for any balance outstanding on the account.

Solely that we may provide the services ordered and deliver the deliverables, you hereby grant to us a limited, non-exclusive, royalty-free license to copy and make derivative works of your content. You retain all rights, including copyright. We will not use your content for marketing purposes without your express written permission. We reserve the right to reference names or logos of clients in marketing if they are institutions.

You represent and warrant that you have all rights necessary to submit your content to us and to grant us this license, and that our provision of the Services will not violate the rights, including copyrights, of any third party. NOTE: 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. You warrant the content submitted for servicing is either under authorization or does not otherwise constitute a copyright infringement and agrees to indemnify Envision Video Services and its affiliates, partners and vendors for any and all damages, including attorney fees, which may result from an assertion of copyright infringement.

You understand and agree to be bound by all aspects of the Envision Video Services Company Policy and the Envision Video Services Terms of Service Policy as posted on our company website and on display on our Hasbrouck Heights facility. You agree that any proceedings involving any dispute, controversy or claim arising out of, or in connection with this Agreement shall be filed exclusively in the New Jersey Superior Court in Bergen County, NJ and that all expenses for said dispute shall be paid for by you.

In consideration for the services requested, you acknowledge and agree 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, you agree that Envision Video Services and its assignees shall be without liability, direct or consequential.

All content from the source media will be transferred to the best of our ability, regardless of content or video quality/condition. Envision makes no warranty or guarantee with respect to the quality of the Deliverables. You acknowledge that because of the quality loss that often occurs during the digitization process, the quality of the Deliverables may not be as good as the materials you provide to us. Notwithstanding the foregoing, if you have any concerns regarding the Deliverables that do not relate to quality loss and you communicate your concerns to us within thirty (30) days of receiving the Deliverables, we will use commercially reasonable efforts to resolve the matter. If we are unable to resolve the matter, your sole and exclusive remedy will be a refund of the service fees. ENVISION VIDEO SERVICES DISCLAIMS ALL RESPONSIBILITY FOR, AND THIS LIMITED WARRANTY DOES NOT APPLY TO, ANY ISSUES COMMUNICATED TO US FOLLOWING THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD.

EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SERVICES IS ENTIRELY AT YOUR SOLE RISK. WE DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE QUALITY OF THE SERVICES OR DELIVERABLES, WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. IN NO EVENT WILL WE BE LIABLE FOR THE ACTIONS OF ANY THIRD PARTY ENGAGED AT YOUR REQUEST TO PROVIDE ADDITIONAL SERVICES.