1. ACCEPTANCE OF TERMS
Avid Tech provides media transfer services to you the customer – purchaser, subject to the following Terms of Service, or as updated by us from time to time without notice to you.
You can review the most current version of the TOS or request a copy from us at any time.
By using the services of Avid Tech, our agents, heirs and assigns, you agree to be bound by our Terms of Service and accept as wholly enforceable our invoices, late payment or interest and bank fees or credit card surcharges where applicable and all our debt collection costs.
If you do not agree with these terms of service you must not send or request any such services or goods.
1a. Refund Policy
Avid Tech is unable to refund money on work carried out under your instructions, rather, we will re work any item or replace any failed DVD at our expense or option.
We have no control over the quality or suitability of your media beyond our workman like efforts to improve the viewing experience as much as possible within the constraints of our technology and costs relative to the content provided to us. We will refund pre paid projects where the work has not commenced, an adjustment or deduction to cover postage and handling will apply to cancelled projects.
2. COPYRIGHT DISCLAIMER
It is your absolute responsibility to provide us with all material or “Content “to be used for your CD/DVD/videotape/ hard drive transfer project.
You certify that you are the owner of all material submitted to us, or that you have obtained written permission from the copyright owner to use any Content, including, but not limited to, photographs, clip art, graphics, animations, video, film. slides, negatives, music and/or text.
You are solely responsible for, and assume all copyright and legal liability for all Content you submit to Avid Tech.
You agree to indemnify and hold Avid Tech and its respective representatives, licensees, successors, subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to, or arising out of, Content you provide, your use of our Services, your connection to the Services, your breach of the Terms Of Service, or your violation of any rights of copyright owners and or the personal injury of individuals appearing in your content.
3. COPYRIGHT STATEMENT
All content included on this site, such as text, graphics, logos, images, audio clips and video clips, are the property of Avid Tech or its content suppliers and is protected by Australian, USA and (trade agreement) international copyright laws.
Printing permission is granted for personal use only, providing all copyright information remains unaltered. Distribution is strictly prohibited without express prior written permission of Avid Tech.
4. LIMITATION OF LIABILITY
This clause especially relates to fragile or deteriorated media.
You expressly understand and agree that Avid Tech will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages to, theft or loss of the content you provide, damage to DVD players, computers, or other equipment, loss of profits, goodwill, use, data or other intangible losses, resulting from, but not limited to, product defects, accident, misuse, acts of God or other foreseeable or unforeseen circumstances.
Loss in transit
Avid Tech is not liable for loss, theft or damage in transit by courier or the postal service inside or outside of Australia. We accept no responsibility under any circumstances for events arising in or as a consequence of or during transit.
Damaged Media – Rejection of media
You accept that Avid Tech are not liable for film or video tape or other media which is dirty, damaged. twisted . deformed, water damaged or deteriorated beyond recovery.
Avid Tech reserves the sole right to reject or refuse any particular or group of particular media items at the absolute discretion of the senior editor or staff member appointed by the CEO of Avid Tech and any such rejection may be for technical reasons, inability, excessively offensive content, illegal activity, extremist content, cruelty or other material deemed to be offensive.
Adult content of a personal and private non commercial nature complying with local laws is acceptable and unlikely to be rejected or refused. If in doubt contact Avid Tech by telephone or email. Note: Consent of all parties in any vision may be requested to protect the privacy and rights of participants. Do not attempt to send material you suspect may be illegal – if you think it may be illegal you are probably right.
While every effort has been made to ensure the accuracy of the information found on this site, the information is provided only as a guide. We do not warrant or guarantee accuracy or completeness of any information, and are not liable for errors or omissions that cause damage direct or indirect as a result of the use of or reliance of information found on this site or any link leading away from this site.
Avid Tech do not endorse or accept any responsibility for any linked web site leading away from this site and such information is provided for information purposes and web site optimization generated or exchanged resources obtained in good faith and responsible business practices.
If a link to another site causes offence please report abuse to us and we will investigate and remove offending out bound links or advertising.
5. GENERAL INFORMATION
The TOS and the relationship between you and Avid Tech shall be governed by the laws of the State of New South Wales, without regard to its conflict of law provisions. You and Avid Tech agree to submit to the personal and exclusive jurisdiction of the Small Claims Tribunal / Magistrate Court located within the state of New South Wales or as annexed or moved by court orders sought or obtained.
By using our services, you acknowledge that you have read and accepted the TOS, which constitutes the entire agreement between you and Avid Tech and governs your use of the Services, superseding any prior agreements between you and Avid Tech & VADA including, but not limited to, any prior versions of the Terms Of Service.
6. COMPATIBILITY OF DVD-R BURNED DVD’S
All DVD’s are made to strict standards and are compatible with 95% of DVD Players. Note that some expensive high end DVD Players may not play a custom
made DVD as these are not the same as mass produced DVD (Glass Pressed) testing of each DVD is carried out prior to despatch. Avid Tech DVD is not responsible for compatibility issues, please check your owner’s manual to verify compatible formats, even if you have successfully played burned DVD’s not all DVD features may be available on your player. Recent research has found that cheaper DVD players are far more reliable for playing burned DVD’s.
7. PAYMENT FOR SERVICES
Unless otherwise stated payment terms are strictly 3 days net of invoice issue.
You agree that any estimate provided to you is an estimate of costs and not issued as a firm quote. Published pricing information is updated often however is subject to change without notice.
Any perceived firm price quoted in general correspondence or elsewhere is an estimate or guide of the likely cost of the project only until such project material / media is received at the studios of Avid Tech & VADA whereupon a firm quote will be furnished following inspection and validation of quantity and usability.
You agree to pay Avid Tech for services provided to you within 3 days of request for such payment.
you further agree where such debt is not paid within 14 days that you will agree to compensate Avid Tech for the reasonable costs of invoice re issue and consequential costs of attending and expending effort to recover amounts owed by you without limitation including but not limited to staff time, postage, bank fees and interest charges, dishonour fees, unsuccessful credit or debit card draw down attempts, present again fees and all other on costs or financial burdens as is reasonable in the circumstances are fully recoverable.
Debt Collection Action
Invoices remaining unpaid at 30 days are subject to debt recovery action with attendant costs payable by the debtor including debt collection costs, bad debt reporting, legal – solicitors costs, court fees, summons service costs and moving magistrates court judgement debtor enforcement orders.
Fraudulent use of credit cards or negotiable instruments.
Any attempt to deceive or misrepresent any instrument or document will be disclosed to your banker and the law enforcement by state and or Federal Police where appropriate.