The object of the present General Conditions of Service (GCS) is to define the contractual modes of service provided by Cinetis Media Sàrl Media Sàrl, in Martigny, Switzerland, for the Service and for its use by the Client. The Service consists of the digitization of film reels, videos, slides and photos and associated services. The satisfaction of our Clients is our first concern. Business between Cinetis Media Sàrl and the Client is governed by the present general conditions. The GCS are exclusive of any eventual general conditions of the Client. The Client declares that he/she has full knowledge of the characteristics of the Service, having informed himself/herself of the totality of the GCS and declares acceptance of its terms with no reservation whatsoever.
The online estimate and personalized estimates are established according to information provided by the Client. They are not binding to Cinetis Media Sàrl. The invoice is established according to the laboratory data. All indicated prices are in Swiss Francs. Prices are inclusive of tax. Unless there is prior agreement, packaging and transport costs will be added on to the price. Eventual customs fees are the responsibility of the client. All prices are for reference only and are applicable during the duration of the validity of the price list, except in the case of obvious error in writing, printing or calculation. Cinetis Media Sàrl reserves the right to make modifications to the prices and apply them immediately.
The order form may be obtained on the internet site or directly on the company premises. All fields filled out by the Client should be easily legible. Cinetis Media Sàrl can not be held responsible for delivery errors or titling if the information is incomplete or illegible. Cinetis Media Sàrl reserves the right to bill for a minimum charge for any modification or information research required for the proper delivery of the Service. Only one coupon/reduction by order. Minimal charge for a reel is 15m.
Prices listed are valid for films in good condition. If the original proves to be defective or in poor condition, Cinetis Media Sàrl reserves the right to refuse the order. Film cleaning is included in the price. Charges for splicing, rewinding as well as all other procedures to restore the originals transmitted by the client will be included in the bill. If the speed indication is missing or if it can not be clearly defined, the following speeds will apply: 8mm = 18 fps ; 9.5mm = 16 fps; 16mm and 35mm = 25 fps. The Client guarantees that the content violates no regulation with respect to commerce, the protection of minors, the respect for others and for human beings, of the rights to intellectual property and/or the rights to images. If the Client furnishes films that violate Swiss law, Cinetis Media Sàrl may contact the appropriate authorities. For video cassettes, the term “raw transfer” signifies the integral copy of the original except if the Client makes a particular notation on the order form.
DVDs created are in DVD-R format except when otherwise requested by the Client. If the Client furnishes an external hard drive for the Windows Operating System, it should be NTFS or ExFAT formatted. Cinetis Media Sàrl can not be held responsible for eventual loss of data present on the delivery platform. Client is advised to conduct a backup procedure before delivery. The Client should furnish Cinetis Media Sàrl with the appropriate cables needed for the external hard drive to function. Cinetis Media Sàrl will invoice for any procedure (formatting, cable purchase, etc.). The client is responsible for verifying if his/her editing software accepts formats described on the website. For all other formats, Clients are requested to contact customer service. Cinetis Media Sàrl does not support software developed by third parties.
The delivery date announced upon receipt of the order is approximate, with the precision that this turnaround time is communicated for reference purposes only and without commitment on the part of Cinetis Media Sàrl. For very short turnaround times or express jobs, Cinetis Media Sàrl may charge a supplemental fee. Cinetis Media Sàrl reserves the right to choose the mode of delivery as well as the delivery agent. Transport fees are the responsibility of the Client. In no instance can Cinetis Media Sàrl be held responsible if the delivery agent is unable to deliver or if delivery is late. Products are delivered to the delivery address indicated in the order form. Cinetis Media Sàrl does not guarantee against incidents that are likely to cause loss or deterioration of the delivery platform, contents and/or products from the moment they are turned over to the delivery agent. No dispute between the Client and the delivery agent can be imputed to Cinetis Media Sàrl. Cinetis Media Sàrl declines all responsibility in this regard.
Merchandize delivered by Cinetis Media Sàrl remains its property until complete payment of the amount billed as well as eventual fees for collection or legal action. The material furnished by the Client is excluded from this clause.
Unless other terms are specified, all our prices are calculated in Swiss Francs. The posting of the estimate online in other currency is for reference, with the corresponding exchange rate being the rate applied by the billing agent when the bill is paid. The invoices issued by Cinetis Media Sàrl should be paid in full and at the latest 10 days after the date the bill is issued. In case this payment period is not respected, Cinetis Media Sàrl is entitled to apply a penalty fees of 20 CHF. All collections or legal action fees are to be paid by the Client. Cinetis Media Sàrl reserves the right to execute the orders of new Clients or current Clients through cash on delivery or advance payment terms. All orders from outside the borders of Switzerland are subject to advance payment. The invoice is listed in Swiss Francs exclusive of VAT. The payment instructions from outside Switzerland are addressed with the invoice to the Client, either by letter or by email. Bank fees are the responsibility of the Client. The Client must pay VAT applicable in his/her country.
A copy of the delivred files is archived for 6 months. The digitized files are available to the client for 10 days on Cinetis Media Sàrl servers starting from the date when the client is informed of the completion of his/her order. Beyond this time period, Cinetis Media Sàrl can prepare a supplemental invoice prorated by the number of days and the quantity of data. If the client asks for a personnal authoring, Cinetis Media Sàrl keep the original scanned files for a month.
In case a defect is noted on a product or if the service does not meet client satisfaction, the Client should make contact within 7 days either by letter, email or telephone. The invoice number and an exact report of the defect noted should accompany the complaint. The product should be brought back or sent back to Cinetis Media Sàrl. In case of violation of the procedure and the time limit indicated above, the Client forfeits the right to formulate any complaint. In particular, Client reservations which are subjective in nature will not be considered a defect of conformity: Errors made by the Client in placing the order, in inscribing order specifications or in selecting delivery platforms, inherent defects in the technical quality of the content. If Cinetis Media Sàrl esteems that the a finding of non-conformity is justified, Cinetis Media Sàrl will send a new copy of the products to the Client. Alternatively, the initial products will be returned to the Client at his/her expense. The material is packaged with care. If damage is nevertheless noted upon delivery, the Client will immediately inform the delivery agent.
The Client affirms sufficient legal and titular ownership of the intellectual property rights concerning all content, in particular sound, furnished for Cinetis Media Sàrl for conversion. The Client refrains from asking Cinetis Media Sàrl to perform Service on content that infringes intellectual property rights from a contractually or legally protected third party or one still protected by confidentiality protection and/or to place Cinetis Media Sàrl in a situation of violation of the law, a contract or confidentiality arrangement or in a situation of liability with respect to a third party because of the performance of the Service and the delivery of the products. Cinetis Media Sàrl may request a waiver of copyright of all or part of the contents for internal or promotional use. Cinetis Media Sàrl is authorized by the Client to cite the client as a commercial reference, except if the Client has expressed his/her refusal.
All Cinetis Media Sàrl partners abide by professional confidentiality. Cinetis Media Sàrl does not transmit any personal data to third parties except information indispensable for proper completion of the order (delivery agent). Cinetis Media Sàrl reserves the right to use personal information to inform the Client about company news or new services. The Client may at any moment ask in writing not to receive this information or to be removed from the Client files.
If, as a result of an incident of force majeure or a fortuitous event, Cinetis Media Sàrl were to find itself unable to temporarily ensure total or partial performance of the Service, the obligations of Cinetis Media Sàrl would be suspended for the duration throughout which the force majeure or fortuitous event affect Cinetis Media Sàrl. If the incident of force majeure or fortuitous event lasts for more than one month, each of the Parties will be within their rights to terminate the order without incurring responsibility in this regard and with indemnity. According to conventional definitions, the following are considered to constitute incidents of force majeure (other than those generally accepted by legal provisions and jurisprudence): the interruption of telecommunications, internet interruption, material breakdown and/or the Cinetis Media Sàrl software used in the performance of the Service and maintained under normal conditions, fire, damage by water, interruption of means of transport or supply.
The commercial activity of Cinetis Media Sàrl is governed exclusively by Swiss law. The jurisdictional location is Martigny, Switzerland. The French version shall prevail. Martigny, September 2011