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Home > Products > Media Fulfillment > Terms of Collaboration

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:

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.

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.

Customer understands deadlines are not guaranteed, although MediaSoft is well-known for going out of its way to meet client deadlines.

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.

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.

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.

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.

Payment for goods and services are due in full immediately upon the proforma invoice date.

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.

MediaSoft requires final payment in full before shipping any product. MediaSoft is liable and responsible for ex-factory delivery of the goods to customer.

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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