General Business Conditions
|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 “Use for additional instructions”, and then only if FilmFix approves of them. Additions and changes may bring forth 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.
If needed, a full refund or replacement will be granted on any faulty Hard drive, Blu-ray, DVD, MiniDV, or CD stock 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.
There is no return or refund on services ordered (i.e. labor for actual film transfer time, film cleaning, mounting, etc).
There is no refund on shipping costs, shipping damage, or loss of goods while in transit, via any given carrier.
We will re-transfer an order, free of charge, if ever we find a transfer is faulty in some way due to our performance. If the customer prefers not to have the order re-transferred, we will issue a full refund.
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.
Our current prices are
There is no sales tax on our transfer services.
FREE return postage only applies to U.S. orders (but not including 16mm film, because of its heavy weight.) Return shipping also not included if we choose not to transfer a 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 pay for 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 the delivery or storage of the film.
Non-Guarantee of material used
FilmFix cannot guarantee any shelf life or lifespan of the data carriers (DVD/Blu-ray/MiniDV/Tapes/HDs). FilmFix cannot be held liable for its choice of data carrier products sold to the client.
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.
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.)
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.
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.
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 a particular DVD, MiniDV or VHS stock. This can create the need for use of additional stock. Furthermore, on rare occasion, FilmFix will need to split what is on one film reel onto two separate stocks (DVD, MiniDV or VHS.)
Refusal rights of FilmFix
FilmFix reserves the right to refuse the transfer of any given customer's order for a variety of reasons. It will not transfer material which it may find 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, 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.
Liability and Copyright Laws
FilmFix transfers family's or individual's personally filmed and owned material - only. We do not transfer any copyright protected material. The client is the owner and/or has full responsibility and liability for the content of his/her film or video material. It is also the responsibility of the client to secure all rights with respect to copyright laws. FilmFix is therefore free of all liability from any third party if a third party has a legal issue, whatsoever, with any of the content transferred.
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.
FilmFix can only be held accountable for a problem if it is clearly proven that FilmFix intentionally mishandled material or was 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 can only 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.
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 damages in the event of a natural disaster or higher force, (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.