| Terms
& Conditions 1)
Payment
Full payment in advance on first orders is required unless
otherwise agreed to and stated beforehand. With subsequent
orders payment terms will normally be on a 50% in advance
and 50% on delivery basis. Production and delivery timescales
may be influenced by payment delays and customers are urged
to ensure payments are made on time. Customers are invited
to contact us and discusss alternative payment terms where
they find existing terms to be unsuitable in the context
of certain projects, but flexibility here cannot bet guaranteed
and is at the discretion of Orbis Digital Limited. We ask
customers to bear in mind that set up and preparation costs
for CD & DVD replication jobs require a significant
investment on our part in terms of time and resources and
cancelation of jobs once in production may incur costs.
2) Surface artwork
a) Artwork for the surface-print of discs and packaging
may be produced by the client, or Orbis Digital may be contracted
to assume this responsibility. In the case of the former
where the client produces the artwork for the surface-print,
Orbis Digital assumes no responsibility for the final product.
However, clients are encouraged to take this responsibility
on should they wish and feel able to do so and can expect
good guidance and support if necessary from Orbis Digital.
Final artwork produced will also be checked by Orbis Digital
- although this carries no guarantees for the client and
no formal responsibility for Orbis Digital. Advice will
be offered where necessary or appropriate regarding its
correction or improvement.
b) Where Orbis Digital are contracted to
produce artwork, the final draft will be presented to the
client for consent/approval before replication/production
begins. The failure of the contracting client to draw attention
to, or query, specific problems with the surface-print artwork
at this final stage will be taken as consent for the condition
it is presented in and dissatisfaction with the final product
(discs and packaging) carries no responsibility or obligations
for Orbis Digital.
c) Where the state of the final product
artwork is at odds with that presented to the client owing
to a determinable error in the manufacturing process, Orbis
Digital will accept responsibility and depending on the
extent to which the final product is detrimentally affected
will seek to negotiate a mutually acceptable solution with
an offer of re-producing, compensation, or refunds to the
contracting client if necessary.
3) Replication: Data Integrity & Checking
a) The process of replicating CD's & DVD's utilises systems which, as standard, check both the physical integrity of the master disc to be copied as well as the integrity of data on that disc so that we can ensure an exact glass master is produced, and guaranteed to be free of errors. Physical errors take the form of scratches on discs, cracks, and other forms of damage that impede our system's ability to read the data and produce an accurate image for the production of a glass master. Data errors, on the other hand, represent corruptions on data file structures which may have occured, without awareness, during the creation of your original master. In thoroughly checking the physical state of your master disc and in ensuring that no corrupt files exist therein, we guarantee 100% that the discs we produce are exact copies of the original master disc sent to us. This is the only guarantee we give as far as replication is concerned.
b) Despite the above, there are occasions where discs that are produced by us have errors as a result of mistakes made in production and authoring; in the case of DVD's this could mean the files fail to play as expected across the range of DVD players that exist and with Audio CD's it could mean that the files were incorrectly saved in one of the many available audio formats. Orbis Digital takes no responsibility for errors made in authoring and production except where Orbis Digital had a role in producing the content. For this reason, we always give emphasis to the importance of encouraging customers to check content by playing and testing it before sending it to us.
4) Quotations
a) Quotations issued by Orbis Digital have a limited lifespan
of 28 days, that is, they are only valid for 28 days after
their submission. This is intended to allow for fluctuations
in prices which may occur over time; prices may rise or
fall over time, in most cases (for most products) they have
fallen and so the expiry date ensures costs will remain
up-to-date which is in the interests of both contracting
parties.
b) Quotations issued by Orbis Digital through
email carry no formal legal weight or obligation and are
intended only as binding to the extent that both parties,
Orbis Digital and the recipient, agree to make them so.
In the vast majority of cases this system will be satisfactory,
however, occasions will invariably arise where information
may be corrupted or erroneous owing to the nature of digital
publication and transmission over the Internet where room
exists for the unwarranted manipulation of data.
c) Transmitting quotations by email means
that they can be delivered much more promptly and efficiently
than they otherwise would be paper-based means and this
is much appreciated, however it also introduces increased
room for error. Where errors in quotations do occur Orbis
Digital take the view that two wrongs would not make a right
and will endeavour to issue a corrected quotation rather
than fulfill obligations made in error.
5) Free samples
Free samples in most cases will be supplied within 28 days
of request, stocks permitting. The provision of free samples
carries no legal obligation and will be subject to availability.
Orbis Digital also reserve the right to use discretion in
cases where they feel it is their right to do so, where
there is an abuse of the commitment to provide samples (i.e.
multiple requests from one source) or where they feel the
request may come from a party or parties that have no genuine
interest in the product but are merely driven to acquire
"free stuff." (in the past some websites [typically
"freebie" & "free-stuff" oriented
sites] have posted links to our free sample form and this
in our view represents an abuse of a system aimed at providing
samples to visitors to our site who have a genuine interest
in our particular products and services).
6) Delivery
a) Delivery costs are additional as outlined in quotations
and on the Orbis Digital website. Delivery includes the
cost to deliver to one specified address within the UK unless
otherwise negotiated and accounted for; delivery to more
than one address will incur additional costs.
b) In some cases the transit of products
from the manufacturers to Orbis Digital may involve international
couriers - depending on the manufacturers contracted. In
these circumstances, Orbis Digital does not accept sole
responsibility for delays as a result of factors that are
beyond the control and influence of Orbis Digital: thus,
where there is delay in delivery between the manufacturer
and Orbis Digital, resulting in a consequential delay in
delivery between Orbis Digital and the client, Orbis Digital
will not accept sole responsibility for that delay or its
ramifications.
7) Turnaround
a) For most replication contracts delivery can be expected
within 14 working days.
b) Delivery schedules in the majority of
cases will be mutually agreed to and outlined during the
processing and arrangement of contracts. However, inevitably
there will be cases where, owing to factors beyond our control
or influence (transportation or production delays, for example),
delivery will be delayed: for terms and conditions relating
to these circumstances see Section 7.
8) Multimedia design
a) Multimedia design and content development is subject
to bilateral testing and scrutiny - by both Orbis Digital
and the contracting party/client(s) - at each defined stage
of the project’s development. This in the vast majority
of cases will ensure functionality and design is produced
to the satisfaction of both parties. The final version of
a given piece of work will also be offered to the client
for further scrutiny and testing, thus ensuring satisfaction,
before going to the publication/replication stage.
b) Oversights and defects that go unseen
over the course of the project lifecycle are to some extent
inevitable, but we feel the process of development outlined
above provides certain safeguards that will guarantee the
success of the final product and keep such occurrences to
a tolerable minimum.
c) Defects referred to and underlined during
the development stages are the sole responsibility of Orbis
Digital and will be corrected accordingly. Orbis Digital
will not assume sole responsibility for defects and flaws
in multimedia and content design that are not specifically
referred to by the client over the course of the project
lifecycle: in our view the absence of specific notification
regarding particular oversights or flaws on the part of
the client during the development cycle equates with consent
by the contracting client for the condition/state of the
design element(s) affected and presented up to and after
final publication
d) Where final published work does not
meet or match the standards produced during the project
lifecycle - and is verifiably at variance with it - Orbis
Digital will assume responsibility and depending on the
extent to which the final product is detrimentally affected
will seek to negotiate a mutually acceptable solution with
an offer of compensation, re-production, or refunds to the
contracting client.
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