CD & DVD Duplication and Printing
Short run CD and DVD duplication - fast turnaround with full colour on body printing.
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CD Duplication Terms & Conditions
Noisegate Studios General Terms and Conditions for CD and DVD duplication and printing – your particular attention is drawn to clause 1.4 and 5.1
1. Services 1.1 The services Noisegate Studios shall provide to our Clients, the price(s) to be paid for such work, the dates for delivery and other relevant details are as agreed with our Clients from time to time in relation to each order. Where alterations to the services to be provided are proposed during the course of the work these shall be agreed in writing before the work proceeds. 1.2 Unless otherwise agreed in writing, payment to us for the work to be undertaken is due 30 days from the date of our invoice subject to satisfactory references being sought and approved and, if applicable, all fees are payable plus value added tax at prevailing rates. Clients using our services for the first time are liable to a pro forma invoice that must be paid prior to any work being carried out. 1.3 In addition to the prices/fees agreed, Clients agree to pay our reasonable out of pocket expenses, including, without limitation, postage and packing. 1.4 Noisegate Studios will use our reasonable endeavours to abide by the dates agreed for delivery of Supplies. Clients agree to supply the Materials in sufficient time for us to process each order and Noisegate Studios will not be liable where failure to deliver as agreed is caused by Clients' delay. Please note that our standard delivery for CD ROM's is 8-10 working days excluding weekends and national holidays, any variation of this MUST be confirmed in writing by us and may incur extra charges. 1.5 Noisegate Studios will not be responsible for any delay or failure to deliver material to Clients caused by circumstances beyond our control, such as Acts of God, fire, strikes, failure of subcontractors or suppliers to supply material required. Where such delay occurs, our obligations to Clients shall be suspended for the period of the delay. 1.6 Where the customer does not confirm in writing acceptance of the Supplies within 7 days of delivery, the Supplies are deemed accepted at the earlier of the expiration of that 7 day period or the customer's first use of the Supplies. Where the Supplies are rejected by the customer, whether in whole or in part, Noisegate Studios shall endeavour to correct the Supplies to ensure compliance to these terms and conditions.
2. Warranty. 2.1 "Supplies" means all CD's, CD-R's, disks and other materials Noisegate Studios provide to each customer but does not include Materials. "Materials" means the films, CD's, CD-R's, disks and other materials each customer is to provide to us in order for us in order to perform our services to that customer. 2.2 Clients agree that performance of the services Noisegate Studios provide to that customer will not infringe any law or regulation, including, without limitation any law of copyright or similar law, or any contract (including, without limitation, any licensing agreement) to which that customer is a party or to which that customer is bound or to which the Materials are subject, and that the Material is not obscene, blasphemous or defamatory and will not adversely reflect on our public perception or image.
3. Indemnity and Limitation of Liability 3.1 Noisegate Studios agree that until such time as the Supplies are delivered and approved by a customer, Noisegate Studios will indemnify that customer against all damages awarded by a court in England and Wales incurred by that customer as a result of a breach of clause 4 by us. 3.2 Clients agree to indemnify us against all claims, demands, losses, damages, costs and expenses incurred by us as a result of breach by that customer of any provision of these terms and conditions, law or regulation and as a result of any third party legal action or threatened action in relation to the Material or through our involvement with that customer. 3.3 Save as provided above, Clients agree our liability for breach of these terms and conditions or any other liability of us to that customer shall be limited to the total value of the contract and that all implied terms, conditions or other legal provisions are hereby excluded; save that neither party shall exclude or limit its liability to the other for death or personal injury caused by negligence. Noisegate Studios will not be liable to Clients for indirect, financial, consequential loss, loss of profit, revenue or goodwill. 3.4 The termination of our contract with any customer shall not affect the provisions of this clause which shall continue thereafter. 3.5 In the case of encoding DVD on clients behalf and the playability thereof, there is never any guarentee with DVD video that the content will play in any number of players, as some DVD players will not accept certain types of encoding - we use the very latest encoding techniques and therefore, cannot take responsibilty if your DVD does not play in specific DVD Players. It is up to you to make certain that the content will play across a broad range of DVD players.
4. Confidential Information 4.1 Any information about us or our Clients or about our procedures or our Clients' products or financial or business information shall be treated as confidential, used only for the purpose of performance of obligations hereunder and not disclosed save as permitted hereunder, without limit as to time. Provided that information in the public domain otherwise than through the default of the other party shall not be deemed confidential under this clause. 4.2 The termination of any contract between Noisegate Studios us and our Clients shall not affect this clause. 4.3 Noisegate Studios shall be entitled to make reference to our relationship with any customer in our publicity material.
5. Clients' Obligations. 5.1 Clients undertake to supply Materials and other resources to us promptly as agreed between us.
6. Termination 6.1 These terms and conditions shall continue until either performance of the work contracted for, or where an on-going work commitment is signed may be terminated on thirty days' notice from either party to the other given at any time save as provided below. 6.2 Where one party is in breach of these terms and conditions, the other may serve written notice to terminate the contract forthwith, save that where the breach can be remedied, 7 days notice to remedy shall first be given and where remedied such termination shall not take effect. 6.3 Our Clients or ourselves may terminate the contract forthwith by written notice where the other goes into liquidation or is declared bankrupt or otherwise is unable to pay its debts as they fall due.
7. General 7.1 No variation of these terms and conditions will be valid unless agreed in writing. 7.2 Clients may not assign their contracts with us without our prior written consent. 7.3 These terms and conditions, and the documents and agreements (electronic or otherwise) referred to herein set out the entire agreement between ourselves and each customer. 7.4 All representations, warranties or other assurances made by or on behalf of us other than as set out herein, and whether on our Noisegate Studios web site or otherwise, do not form part of these terms and conditions nor shall they be legally enforceable or actionable. 7.5 If any provision of these terms and conditions is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions hereof all of which shall remain in full force and effect. 7.6 No forbearance or delay by us in enforcing rights hereunder will prejudice or restrict rights and no waiver of any breach of such rights or waiver of the rights will be deemed to be a waiver of any other right or of any later breach. 7.7 Nothing herein shall constitute or be deemed to constitute a partnership or joint venture or the relationship of partnership and agent or employer and employee. 7.8 All notices shall be in writing and sent to the customer at its address notified to us, or to us at our address given in correspondence, or such other address as the recipient may designate by notice given in accordance with this provision. Any notice may be delivered personally by first class prepaid letter or facsimile transmission (confirmed by first class post) and shall be deemed to have been served if by personal delivery when delivered, if by post 48 hours after posting and if by facsimile transmission when despatched (with successful transmission report). 7.9 These terms and conditions shall be governed by English law, the client and Noisegate Studios both submit to the non-exclusive jurisdiction of the English courts in relation to any dispute hereunder.
