TERMS AND CONDITIONS

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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 at any time without the 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. Security
 

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

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

3.3 Finished DVDs or Digital media damaged in transit/delivery should be returned to TM for replacement. TM will not pay any additional delivery costs incurred by this process.

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

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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 on 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. 

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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 ensure 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 footage can only be as good as the format supplied. However, TM will take all reasonable steps possible to ensure 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 to replace the footage. Guarantee conditions apply for 12 months as indicated in Section 6.

6. Guarantee:

6.1 Our Mistakes: We guarantee your footage for 1 month whilst your project remains on our servers from the 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 films immediately upon receipt.

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6.1.1 Your Mistakes: For titles, 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 the date of despatch, after the first month the price will be the original price per DVD less 20% discount.

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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 handmade 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.

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7. Payment/Pricing

7.1 The cost includes the highest quality materials to ensure the longevity of your footage 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 quotation you will receive. TM reserves the right to add a surcharge of up to 5% of the order value per order for credit card payments as this is what we are charged for using the service.

You may pay by the following methods:

By Bank transfer, details will be on your invoice. By Debit or Credit card via PayPal. Also, we accept Paypal payments.

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. Preview DVD Service

The preview DVD service is no longer offered.

9. Indemnification

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. 

10. Limitations

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

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· Grossly violent or obscene
· Pornographic material of any type, with the exception of sex acts between consenting couples meant for private viewing only.
· Clearly copyrighted
· Protected under trademarks or other copyright material

- TM will not transfer footage showing cruelty to animals as not only is this repugnant but it is also illegal to do so under the Cinematograph Films (Animals) Act 1937 Chapter 59 1 Edw 8 and 1 Geo 6. Although this act is generally concerned with the public exhibition of such films TM has taken the further step of ensuring this type of footage will never be seen again through the work we have done.

- War footage. Whilst TM clearly does not endorse war or the NAZI party ideals of WW2 we do often transfer footage from this era from all sides of the conflict. This is seen as educational and historically important. However, you should understand there are limitations as to where this type of film can be screened especially in some European countries.

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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.

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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 director's discretion.

11.1 We reserve the right to use clips of your films on our website for marketing purposes. You will never be identified by the use of these films. You may request we remove the footage and in most circumstances, it will be.

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12. Couriers and Postal Services

TML is not now or ever responsible for the safe carriage of 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.

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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 TM.

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13. Cloud Services

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The myCloud service is offered as a complimentary service free of charge for orders under a certain size and chargeable for orders larger than a certain size. See the myCloud page for current sizes and charges. After the period for which cloud services are offered has expired we will at some point remove any data stored on our cloud. These periods and prices are set by us and we reserve the right to change these at any time without notice. It is your responsibility to ensure you have saved or downloaded or shared the files within the 12 months time period. If after the files have been deleted from the cloud you ask us for another copy of the films and they are no longer available we may, at our discretion, offer a discount to transfer the footage again. The cloud service we use is Google Drive and will be available as long as Google Drive offers the service at competitive rates. We reserve the right to close our Google Drive account at any time and may offer a similar service with another supplier without transferring any data from one to the other. If you have paid for your myCloud access for a period of time we will do everything in our power to transfer your films somewhere else and send you new links.

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Updated January 2023