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MediaSoft International assumes
that each and any customer that chooses to cooperate and work with
it, fully understands and willfully accepts the following
principles, terms and conditions of cooperation:
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Customer affirms that it has
obtained all necessary copyright clearances, including any artwork,
images, sounds, music, songs, videos, etc., have paid the
mechanicals, developers, programmers, engineers and composers
involved in the project ordered, and agree to indemnify and hold
MediaSoft harmless from any and all claims, demands, suits and
proceedings asserted regarding any copyright infringement, or
related proceedings. In the event such claims, demands, suits or
proceedings result in damages for which MediaSoft shall become
responsible, or liable, including MediaSoft's reasonable attorneys
fees associated therewith, then customer at its own cost and
expense shall satisfy said demand, or claim. |
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Customer understands that
MediaSoft is not a record label, and that any use of a MediaSoft
service does not imply that they are functioning as a label for
its release. |
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Customer understands deadlines are
not guaranteed, although MediaSoft is well-known for going out of
its way to meet client deadlines. |
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Customer understands that the
final quantity produced will be within plus, or minus 5% of the
quantity ordered, and that it will pay for the exact quantity
manufactured, within this 5% tolerance. |
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Customer understands that there is
an implied lien on all materials supplied until final payment is
made. In other words, if customer fails to pay its bill in
full,
MediaSoft may dispose of, sell, or license its materials to recoup
any debt owed by it. |
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Customer's sending of masters and
other final materials implies that it has kept an exact safety
copy of the audio and software masters, and a computerized, or
similar backup of all original artwork sent. Customer will not
hold MediaSoft liable for any damage to, or loss of materials. |
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Customer understands that
MediaSoft does not guarantee an exact color match, nor does it
guarantee that there won't be occasional, minor marks on the
printing it provides. It does, however, guarantee that colors will
be matched within the commercial criterion of "pleasing color," if and only if customer provides a proof made from
the actual film, with its order. Customer accepts MediaSoft is not
responsible for consequential damages, such as loss of potential
revenue, due to errors on its part. Customer has full authority to
act on behalf of the group, or artist, and/or developers, if other
than itself, for which MediaSoft will perform duplication services, and customer may therefore agree to these provisions on
their behalf. |
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Payment for goods and services are due in full
immediately upon the proforma invoice date. |
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Electronic files received from
clients are considered to be in final form. Changes &
corrections made to electronic files after receipt by MediaSoft
will incur charges. Typesetting corrections on such files will be
billed at a certain charge per hour with a fixed minimum charge. Production of the colour separation films by MediaSoft shall be
billed at a certain charge per sq.cm. |
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MediaSoft requires final payment
in full before shipping any product. MediaSoft is liable and
responsible for ex-factory delivery of the goods to customer. |
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MediaSoft may coordinate and supervise any transportation and/or
delivery proceeding required for final delivery of the goods to
customer's base, only after written directive by the customer, in
this respect. In this case, MediaSoft shall not be held
responsible, or liable for any damage, delay, claim, or demand
related to problems occurred regarding the shipment and delivery
of the goods. |
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