Terms and Conditions

1.   Definitions:

TM means Timeless Moments Limited.

2.   Agreement to Terms and Conditions:

2.1 By submitting your video footage and/or other materials e.g. copyright free music media you agree that you are bound and will comply with these terms and conditions.

2.2 TM reserves the right to revise the Terms and Conditions of its service any time without prior consent of its customers. All changes to the Terms and Conditions shall be effective immediately upon notice of the customers.

2.3 These terms and conditions do not affect the customers’ statuary rights.

3. Security
 

3.1 Any video footage media and material e.g. music CD, you provide will be held secure in accordance with applicable standards by TM.

3.2 TM shall not be liable to any damage or malfunction of the original source material, which occurred prior to submission to TM

3.3 Finished DVDs damaged in transit/delivery should be returned to TM for replacement. TM will pay any additional delivery cost incurred by this process.

3.4 TM cannot accept responsibility for raw / original video footage or other material that do not arrive at the TM office.

3.5 All businesses run the risk of fire and theft or malicious damage. Whilst we take every opportunity to protect your original films from any of these threats TM cannot be held responsible for any damage, loss or destruction of your property whilst on site in our studio or offices or in any other premises where we may use to store or work with your projects. Placing an order with us means that you understand and accept these terms.

4. Privacy and Confidentiality

4.1 TM shall act in accordance with Data Protection Act to preserve the customers’ rights. Personal data shall be processed in accordance with the rights of data subjects under the 1998 Data Protection Act.

4.2 We take great care in ensuring our computers are protected from hacking with multiple firewalls, anti-spam and anti-hacking measures. Most of our post production computers are not connected to the internet permanently.

4.3 Your original films are always returned to you at the same time as the finished work. TM will keep one master copy of your finished DVD for 60 months; this is part of your guarantee agreement. After that time you will be contacted and asked if you would like further work with the stored DVDs, if you would like us to continue to store your work (you will be charged for this, current rates are £10 per year) or if you would like us to destroy your DVD masters.

5. Quality Promise

5.1 The finished DVD can only be as good as the format supplied. However TM will take all reasonable steps possible to ensure we do not we do not lose any image quality during the production process.

5.3 All customer complaints will be recorded, analysed and solved mutually with customers. TM shall resolve the claims free of charge only when responsible for the fault. Otherwise the customer will be charged for the additional work required replacing the DVD. Guarantee conditions apply for 12 months as indicated in Section 6.

6. Guarantee:

6.1 Our Mistakes: We guarantee your DVDs for 1 month whilst your project remains on our servers from date of despatch against manufacturing errors. For our mistakes discovered after 1 month there will be a charge of £25 per DVD to rebuild the project from our hard copies. For mistakes discovered after 12 months the replacement price will be the original price less 20% discount. Therefore please check your DVDs immediately on receipt.

Your Mistakes: For titling, credits, and other errors by you there will be a charge of 50% of the original price of each DVD affected within the first month from date of despatch, after the first month the price will be the original price per DVD less 20% discount.

6.2 Spelling Mistakes and other titling errors
We take every care to ensure that all titles are spelt correctly, even if the spelling on the customer listing is wrong. However from time to time it is possible, especially with foreign names, that mistakes will occur as this is a hand made one-off product. These mistakes will be rectified if possible where a re-edit or re-render is not required unless the directors deem that the mistake is of sufficient seriousness as to damage the overall project, in this case the mistake may be rectified entirely free of charge. When TM does not agree to rectify mistakes there will be a chargeable option offered for the required rectification. The reasons behind this policy are due to the very long time it takes to render a project. For example, a 90 minute DVD requiring rectification due to a missing letter in one title will take approximately 3 hrs of computer time.

7. Payment/Pricing

7.1 The cost itself includes the highest quality materials to ensure longevity of your disc and therefore your memories. Postage/delivery cost by 1st class recorded delivery is charged at cost for finished films and return of original footage unless advised otherwise.  Any additional postal service such as Parcel Force 24 will be paid entirely by the customer and will be an option on the quotation if requested.

7.2 Payment is with order unless you live in the catchment area (currently a 30 radius of Ilkeston, Derbyshire) in which case you may pay cash on delivery unless otherwise agreed with a director of TM.

7.3 To make the payment, we accept most major credit cards including Visa, MasterCard, AMEX and PayPal. Instructions for payment will are available on the the quotation you will receive. TM reserves the right to add a surcharge of up to 5% of order value per order for credit card payments as this is what we are charged for using the service.

You may pay be the following methods:

By Cheque or postal order made payable to Timeless Moments Limited
By Bank transfer, details will be on your quotation.

7.4 Cancellation of orders may be made in writing or by email to sales@timeless-moments.co.uk. Customers will be charged for all costs incurred up to the date of the cancellation

8. Indemnification

8.1 Customers agree to indemnify TM against any charges due to unforeseen copyright infringement of material supplied to TM for transfer or other purposes.

8.2 Copyrighted material will be refused unless written proof of copyright ownership is presented with the order. Point 8.1 still applies.

9. Limitations

TM cannot and will not accept films or images that are:

· Grossly violent or obscene
· Pornographic material of any type.
· Clearly copyrighted
· Protected under trade marks or other copyright material

TM may under certain circumstances be obliged to seek legal advice if in the opinion of our directors the material infringes on the legal limitations for film material under UK law.

10. Reasonable Use

Under certain circumstances we may be requested to carry out additional work on behalf of the customer that falls outside the “normal” remit of any of our services. Such additional work may be chargeable at the directors discretion.

UPDATED September 2009.