DIGITIZE-IT! TERMS AND CONDITIONS

Herein are the terms and conditions under which Digitize-It! conducts the business archiving analog recorded media.  These terms and conditions govern your use of the digitize-it.com Web site and any Digitize-It! services. 

The terms and conditions appearing on the Digitize-It! website are the most up-to-date. Any failure to enforce or apply a term or provision of the Digitize-It! Terms and Conditions shall not constitute a waiver of that term or provision by Digitize-It!, and shall not diminish or impair Digitize-It!’s right to enforce such term or provision in the future.

Media Handled and Restrictions on Service

Prohibited by Copyright Law

It is the responsibility of the client to verify the legitimacy of all media tendered to Digitize-It! for digitizing.   Recordings must  comply with all local, provincial, state, and federal regulations and laws governing copyrighted material. No service shall be rendered by Digitize-It in the digitizing of any media that is not in accordance with these laws.

Shipping

It is the responsibility of the client to take reasonable measures in packing the order so as to prevent damage to the package.  Digitize-It! makes no official endorsement of any particular deliverer.  Any damages to an order as a result of shipping to or from Digitize-It! are between the client and the shipper except for the following conditions, in which case Digitize-It! will reimburse the client up to the replacement cost of the media itself:

(a)     After inspection of the contents and packing materials of an order emanating from Digitize-It! being returned to the client, the shipper deems the package insufficiently packed.

(b)     The package is shipped to an incorrect address.

Unfit Media and Refusal of Service

Analog media sent to Digitize-It! for digitizing must be in suitable condition to play on a commercial player of that media without manual intervention.  Digitize-it! technicians may take necessary measures including physical repair to process non-playing media provided that Digitize-it! does not feel that digitizing the item or order will advance the condition of the item or order.  Repair may mean removing the media from its shell (casing) and sacrificing the original shell.  The client understands that in such cases the original shell may be damaged and unusable. 

Digitize-It! will not digitize an item or order that is significantly damaged and makes every effort prior to digitizing an order to remove those items which are in less than suitable condition.  If, at the discretion of Digitize-It!, an item is rendered “unplayable”, it will be left out of the order and returned to the client once the rest of the items are completed. 

Digitize-It! reserves the right to refuse to digitize any item or order that by reason of the dangerous or other character of its contents, in the sole judgment of Digitize-It!, is unfit for digitizing or may in any way damage Digitize-It!’s equipment.

Digitize-It! Service Guarantee

Provided they are placed on the Digitize-It! Web site (digitize-it.com), over the phone through Digitize-It! Sales Offices (925.878.1367) or at Participating Digitize-It! Drop-Off Center:

Digitize-It! guarantees on-schedule processing of all regular orders.

Digitize-It! guarantees on-schedule processing of all Rush orders, where such service is available.

Turnaround time is calculated from the day Digitize-It! receives the media for digitizing to the day the order has been digitized.

The following holidays do not count as "business days" (Monday-Friday):
- New Year’s Day
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving Day
- Christmas Day

In the event Digitize-It! fails to complete an order within the time published on the Digitize-It! Web site, or as provided by a Digitize-It! representative, Digitize-It!, at its option, will either credit or refund processing charges for each such order to the payer only, upon request, subject to the following conditions. This is the sole remedy available under the Digitize-It! Service Guarantee.

(a) Digitize-It!’s guaranteed turnaround time schedule has been obtained by referencing Digitize-It!’s Web site or contacting a Digitize-It! Customer Service representative.

(b) Date of delivery is actual (not expected) date Digitize-It! received contents of order.

Digitize-It! Rates

Quotes are given on a per-project basis according to the pricing structure listed in the pricing section of digitize-it.com. Our rates are subject to change without notice.

Billing, Payment, and Penalties for Domestic and International Orders

For purposes of this section, the term "Charges" means all applicable processing and other charges, including, but not limited to, all applicable accessorial charges, surcharges, additional handling charges and late payment fees.

 

There is a $30 fee for returned checks.

Notwithstanding any billing or payment option selected at the time of order placement, the client is ultimately liable for and agrees to pay all Charges, including in the event of insolvency, bankruptcy, non-payment or refusal to pay by the consignee or third party.

Digitize-It! reserves the right to bill for charges based upon the characteristics of, and services requested for, packages actually tendered to Digitize-It!. Digitize-It! reserves the right to audit invoices to verify service selection, contents of order; applicability of any Charges; and to make appropriate adjustments. If Charges are paid for by credit card, the client expressly authorizes Digitize-It! to assess any Charges and to obtain payment of the Charges by use of the credit card.

If a client places an order with Digitize-It! and makes payment but  does not subsequently tender the order to Digitize-It!, it is the client's sole responsibility to request an adjustment. Clients who fail to do so will be liable for all applicable Charges.

Clients requesting an invoice adjustment (e.g., adjustment based on an incorrect rate, type of service, etc.) or a refund due to a duplicate payment must notify Digitize-It! of the request” within thirty (30) days of issuance of the contested bill. A partial payment against an invoice is not considered a request for an invoice adjustment and will delay processing of an order.

Limitations of Liability

The digitized product often sounds or look as good as the original cassette however Digitize-It! makes no guarantee as to the actual quality of the finished product.  All digitized audio is CD quality but this does not ensure an exact transfer of the sound.  As a result of differences in head alignments between the original recording device and Digitze-It! playback devices there may be instances where the digitized audio sounds different than the original.   

Each Digitize-It! domestic or international order is automatically protected by Digitize-It! against loss or damage up to the replacement cost of the lost or damaged media itself.  The client agrees that the released value of each domestic or international order is no greater than the replacement cost of the actual media and the shipping charges.  The client understands that Digitize-It limits its liability to the replacement cost of the media given to Digitize-It! for digitizing and not to any valuation of the contents on the cassettes.

For domestic and international orders, claims not made within thirty (30) days after delivery of the order or, in the case of non-delivery, within nine thirty (30) days after a reasonable time for delivery has elapsed, shall be deemed waived.

In no event shall Digitize-It! or the applicable insurance company be liable for any special, incidental or consequential damages.

Digitize-It! will not be liable or responsible for the loss of or damage to any order, the contents of which Digitize-It! is not authorized to accept, which Digitize-It states that it will not accept, or which Digitize-It! has a right to refuse.

Digitize-It! will reimburse a client for the replacement cost (limited to the media itself) of any item or order that becomes damaged or unusable while within the possession of Digitize-It! provided that, by evidence of the item upon removal from the playing device, Digitize-It! finds there is not reason to declare the item was received in a condition unfit for digitizing. 

Digitize-It! does not guarantee that its cds will play in all cd players nor all dvds in all dvd players.  Some older models may not recognize CD-R or DVD formats.  In the event the Digitize-It! media do not function on his playing device, the client agrees that it is his sole responsibility to update his equipment and he will not hold Digitize-It! responsible.

Digitizing recorded media is legal if you own the recording (i.e. a high school demo, a family interview)   It may be permissible under certain circumstances to make a backup copy.  If you have questions, check the copyright law-17, UCS 107- and consult an attorney.  By using Digitize-It!, you warrant that you own the copyright of the material being digitized, that the material constitutes fair use under applicable copyright law or that the material resides in the public domain.  Whereas these stipulations are not met and copyright is violated, Digitize-It! disclaims legal responsibility.