Terms and Conditions
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.
2.3 These terms and conditions do not affect the customers’ statuary rights.
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.
3.6 TM cannot be held responsible for any package shipped from our premises to your premises. TM will make all efforts to use only the most reputable companies for shipping but once it has left us we cannot be held responsible for their mistakes in either damage or loss. We will however offer replacement DVDs, memory sticks, cloud upload etc in order for you to see the films you have had transferred, but if the original films have been lost then this is a claim you must make with the courier company.
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 indefinitely. Should an archive fail and a replacement copy of your films not be available TM cannot accept responsibility for being unable to fulfil your wishes for a replacement DVD/Blu-ray. AVI and other digital copies are only stored for 1 month after which time all files are deleted.
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.
6.1 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.
6.1.1 Your Mistakes: For titling, credits, and other errors by you there will be a charge of 20% 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.
7.1 The cost itself includes the highest quality materials to ensure longevity of your disc and therefore your memories. Postage/delivery cost is charged at cost (cost of the carrier plus costs for TM) for finished films and return of original footage unless advised otherwise.
7.2 Payment is required once the films have been captured to the computers and the full running time is known. you will be sent a quotation with options. Once you have decided on the options you will be sent an invoice. The full amount must be settled prior to any further work being done on your project. Any delay in payment of more than 1 week may mean your project is put at the back of the production schedule, however we will try to be reasonable and understanding if you have difficulties making the payment on time.
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 Bank transfer, details will be on your invoice.
7.4 Cancellation of orders may be made in writing or by email to firstname.lastname@example.org. Customers will be charged for all costs incurred up to the date of the cancellation
8. Preview DVD Service
The preview DVD service is offered so that customers may identify their footage and apply titles, correct chronology and basic editing. Payment for the entire order is expected prior to the preview DVD being shipped. Return instructions from the customer are expected within 1 calendar month. Any delay after 1 calendar month will necessitate placing the customer’s project at the back of the schedule to allow us to work on other customers projects, however we will try to be flexible if there is a reasonable reason for the delay. Listings returned after 6 months will be chargeable at 10% of the original order price, due to various searches that will need to be carried out to locate the films on the servers and to reacquaint ourselves with the project. Listings returned after 1 year will be deemed to be a new project as the films will probably require recapturing. Any increases in pricing will be added to the original cost plus a recapture fee of 5p per foot or 10p per minute for tape projects.
9.1 Customers agree to indemnify TM against any charges due to unforeseen copyright infringement of material supplied to TM for transfer or other purposes.
9.2 Copyrighted material will be refused unless written proof of copyright ownership is presented with the order. Point 8.1 still applies.
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.
11. 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.
12. Couriers and Postal Services
TML is not now or ever responsible for the safe carriage or your films from your premises to ours. We may offer and pay for courier collection, drop off etc but we are not liable to any loss or damage using that service causes. In all instances of loss or damage you the customer must take any claims up with the courier company. Note films cannot be insured against loss or damage as there is no intrinsic value to them. We will attempt to liaise and track down lost packages with the courier company where we can but until the package actually arrives at our premises it is the responsibility of the customer to track the progress of the delivery. Sending a parcel to us using our paid for courier service means you accept these terms.
We are not liable or responsible for any packages lost in transit or elsewhere when you use the Royal Mail parcel service or any other courier company. Until the parcel arrives at our premises it is the responsibility of you the customer to track and check the location of your parcel. It is the responsibility of the courier or Post Office to ensure your parcel is passed through the postal network, not TMLs.
UPDATED November 2018.