Terms & Conditions
General terms
Your use of this site and/or placement of an order with eMedia Duplication Services, Inc (further listed as eMedia) indicates your acceptance of eMedia’s terms and conditions. eMedia reserves the right to make changes to this site and these terms and conditions. No one may reproduce, display, use or modify any materials appearing on this site, including text, site design, logos, graphics, icons, and images without the express written consent of eMedia.
Copyright
Signed copyright forms are required for us to process all replication orders. These forms are available for download on the template section of our website. Your authorized signature on the copyright form will be taken as a legal document on any or all of the duplication and replication services. All copyright disputes will be the sole responsibility of the customer.
Proofs
eMedia will submit PDF proofs for jobs exceeding 1000 pcs for the customer's review and approval. Please reply by email for approval by the following day to keep production schedule. Customer understands and agrees that it is not a color match proof. The proof is to approve the layout, die lines, fonts, links etc. that have been transferred without loss or deviation of your original art supplied to us. Once we receive your artwork and have prepared it for press, any changes made after receiving your PDF proof will result in additional set up fees of $75.00 for CD & DVD face, and listed set up fees as per website for printed sleeves, inserts, mailers.
Off-Press checks
Off-Press checks are additional and vary depending on the piece/die and require a quote in writing from eMedia. Quoted turn times are from approval of the off-press proofs. A PDF is usually made for approval of the art first, before producing the off-press proof. Any alterations/corrections made because of customer's changes may effect scheduled turn time and have additional charges.
Customer indemnification
Customer represents and warrants that, with respect to any information or materials furnished to eMedia under this agreement, it has the necessary rights and authority to allow perform the services requested under this Agreement so as not to result in customer or eMedia infringing any trademark, copyright, patent, trade secret, contract, property right, or third party rights of any kind, whether statutory, legal or equitable. Customer further represents and warrants that having eMedia perform the services requested will not violate any legal statute, lawful order, or regulation, including, but not limited to, those regarding copyright, obscenity, and national security. Customer will indemnify, defend, and hold harmless eMedia and its employees, agents, contractors, successors, and assigns from any loss, claim, liability, and expense (including reasonable attorney's fees and other litigation expenses) with respect to any threatened or actual legal action, whether administrative, civil or criminal, regarding the information or materials furnished by customer to eMedia under this agreement.
Client Furnished Materials
Prices are based on receipt of pre-mastered media (CD-R, DVD-R) and "print-ready" files for the face of the media and printed items. Templates are available to be downloaded from eMedia’s website. Items not meeting our requirement will be rejected or corrected upon client approval with additional charges. Materials supplied that do not meet our auto packaging or incur additional work may also have additional charges.
Client Masters/artwork
It is the customer's responsibility to maintain a copy of all original files. Customer shall maintain a copy of, or the ability to reconstruct, all such information sent to eMedia. If customer's data is lost or damaged while in eMedia’s actual possession from any cause whatsoever (including the negligence), eMedia shall only be obligated (and customer's exclusive remedy shall be) to provide customer with an equivalent quantity of blank media upon which the data was conveyed. eMedia shall not be responsible for any loss or damage to customer's data while in transit to or from customer. This paragraph reflects the party's agreement as to their allocation of the risk of loss or damage to customer's data between eMedia and customer and is reflected in the price of the goods and services. Customer shall retain title to the intellectual content of any materials for duplication or other work.
Turntimes
The day that we have all required items BEFORE 10:30am is day zero. Required items include payment or approved payment terms, pre-mastered media, artwork, approved proofs or first articles (if required).
Overruns/Underruns
Replication CD & DVD, custom printing: Overruns or underruns will not exceed 5% of the quantity ordered for CDs and DVD with stock packaging and up to10% with custom printed sleeves/mailers for Replication and Offset Printing: eMedia will bill for the actual quantity delivered within this tolerance.
Duplication CD & DVD: no overs or unders apply for CDs or DVDs that are duplicated. Exact amounts will be shipped/billed.
USB: up to 5 % overrunsapply.
Payment Terms
Unless otherwise specified by eMedia, all customers must pay upon placement of order.
Credit accounts will be considered upon receipt of completed and signed credit application and approval by eMedia. Invoices will be issued as the requested services/manufacturing is completed. Customer requests to cancel or modify an order for which work has commenced shall be honored to the extent possible, and customer shall be invoiced for all work performed prior to such cancellation or modification.
Claims for adjustments must be presented to eMedia in writing within ten days from the date of invoice. Customer shall pay all invoiced amounts upon receipt of invoice, or by such date as may be indicated on the invoice.
A late charge of one and ½ % of the unpaid balance will be assessed at the due date of each invoice thereafter, for a annual rate of 18%. Charges may also be assessed for each customer draft returned. Customer agrees to pay all attorney fees, collection fees, court costs and other expenses incurred by eMedia to enforce its rights under this agreement.
Pricing
Prices to be charged for services and materials provided to customer hereunder shall be in accordance with eMedia most recent written pricing or quotation. All quotations are subject to visual inspection of the project. Unless special arrangements have been made in writing, all written quotations expire thirty days from their date of issue. Quoted or listed prices do not include sales, use, excise, or similar taxes or shipping. The amount of any tax applicable to customer's purchase shall be paid by customer. eMedia shall have the right to refuse or cancel any orders placed for services and product listed at the incorrect price.
Shipping
Unless otherwise stated on our website at time of order, all shipments are F.O.B., manufacturing sight depending on production facility used. eMedia will normally ship all materials prepaid and billed and is responsible for loss and damage. Should the customer wish to have materials shipped on their account, liability is transferred to customer.
Customer confidential information
If customer discloses its confidential information to eMedia for purposes of this agreement and clearly identifies such information in writing as "confidential," eMedia shall use reasonable care to assure that such information is disclosed only to those persons requiring access thereto in order to perform this agreement.
Privacy
eMedia does not or will not sell or trade or your contact information or email to any parties and reserves the right to use for communications or promotions to our customers.
