Order Placement:
The placement of an order for materials or services, whether orally or in writing, constitutes agreement to these terms and conditions. Terms and conditions are subject to change. Please make sure you have our current rates and terms prior to booking. Previously approved credit accounts are due within thirty (30) days of invoice. Overdue accounts will be assessed 1-1/2% per month as a service charge. Without prior credit approval, terms are cash upon project completion. All invoices shall be deemed final and acceptable to client unless written notice is provided to us within fifteen (15) days of the date of said invoice or postmark. We will retain a proprietary interest in any and all work performed until such time as all charges incurred are paid in full. In the unfortunate event that we incur costs to collect any sums lawfully due, we shall be entitled to said costs, expenses and damages, including reasonable attorney's fees, incurred in connection therewith.
Cancellation Policies:
Sessions may be cancelled free of charge if notification is given during regular business hours (Monday-Friday 9:00a.m. - 5:00 p.m.) at least 24 hours prior to the scheduled session start. Sessions cancelled after the 24-hour window will be the responsibility of the client.
Long Distance Charges:
Clients will be subject to charges for long distance calls made during the course of their session.
Release of Masters:
It is understood and agreed that Eastern Sky Media Services, Inc. shall not release original masters, including, but not limited to video or multi-track tapes, 1/4", 1/2", CD-R, DAT or cassettes (final mixes) unless the following conditions have been met:- a) Full payment has been made of all invoices for studio charges and materials.
- b) Materials will only be released to authorized personnel of client.
- c) Upon acceptance of masters from Eastern Sky Media Services, Inc., client acknowledges that masters are being accepted as technically satisfactory and does release Eastern Sky Media Services, Inc. from any further liability regarding the masters.
Client's Responsibilities:
Client assumes full responsibility for the condition of all Eastern Sky Media Services, Inc. property and agrees to be responsible for repairing and/or replacing any property or equipment of Eastern Sky Media Services, Inc. damaged as a result of Client's carelessness, negligence or misuse. It is further understood and agreed that Client shall not hold Eastern Sky Media Services, Inc. responsible or liable for any loss or damage to any of client's property left on the premises.
Indemnification:
Client represents and warrants the film, video, tape, and/or audio or visual materials delivered to Eastern Sky Media Services, Inc. do not in any way defame, violate or infringe on copyrights, civil rights of privacy, or any other rights of any person, firm or corporation. Client agrees to indemnify Eastern Sky Media Services, Inc. and its officers, directors, agents or employees against and hold each of them harmless from any and all claims, costs, losses, detriments and expenses of any kind or nature, including without limitation, attorney's fees and cost incurred by Eastern Sky Media Services, Inc. by reason of any breach or alleged breach of any representation, warranty or agreement made by client.
Delivery of Materials:
We will ship on client's account, collect, or third party bill, subject to a packaging/handling fee. At client's request, we will ship prepared and re-bill the charges plus a mark-up and handling fee. Client agrees that Eastern Sky Media Services, Inc. shall not be liable or responsible for any damages or loss to tapes incurred in the shipping process.
Liability:
For loss or damage to client from defects in material, equipment and/or negligence of Eastern Sky Media Services, Inc. personnel, Eastern Sky Media Services, Inc. will again perform the recording service without charge but all damages, consequential or otherwise, are expressly assumed by client. Eastern Sky Media Services, Inc. makes no warranties, express or implied, with reference to services and/or personnel furnished by it, and shall not be liable for any delays in the delivery of supplies, materials or work product, nor for any failure to perform the services for any cause whatsoever, including, but not limited to, act of God, fire, strike, labor disturbance, civil commotion, acts of government or its agencies and officers, or any other regulation, ruling or action of any labor union or association of employees affecting Eastern Sky Media Services, Inc. or the industry in which it is engaged. Client will obtain all rights and licenses for recording and pay all sums due including, but not limited to. (1) Applicable Sales Taxes and Excise Taxes, (2) all talent and copyright costs, and will indemnify and hold Eastern Sky Media Services, Inc. harmless against all loss of damage (including attorney's fees) by reason of customer's failure to pay such sums.
Unclaimed Materials:
Client acknowledges and agrees that studio may dispose of and will in no way be responsible for any unclaimed and un-recovered materials as follows:
- a) With respect to rented multi-track tapes, these will be deemed unclaimed and may be erased thirty (30) days after the beginning of the recording session or ten days after completion of those recording sessions, whichever occurs first.
- b) With respect to tapes left at Eastern Sky Media Services, Inc. for which there is an unpaid balance, these will be deemed unclaimed and may be erased sixty (60) days after the last signed work order.
- c) With respect to all other unclaimed tapes left at Eastern Sky Media Services, Inc. for twelve (12) months, with a paid balance, these will be deemed unclaimed and may be erased twelve (12) months after last work date.
