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IMPORTANT INFORMATION!! PLEASE READ
CAREFULLY!
These terms and conditions ("Agreement") apply to you ("Purchaser")
and Anaphora Music, Inc. ("Anaphora Music"). By placing an order
or visiting the Anaphora Music site, you
accept and are bound to the terms and conditions of this Agreement, as
may be amended by Anaphora Music from time to time.
If you do not agree with these Terms
and Conditions/our Agreement, you must leave the Anaphora Music site,
which you can do by clicking I Don’t Agree.
Price Quotes & Order Acceptance
Payment Terms
Intellectual Property Rights (IPR)
CD/DVD Master Copy
Design Setup, Printing, & Proofing
Overrun & Underrun
Shipping
Order Cancellation
Return & Refund Policy
Purchaser Liability
Limitation of Liabilities
Privacy Policy & Data
Security
Additional Forms, copies
1. Price
Quotes & Order Acceptance.
Price quotes by Anaphora Music are valid for two (2) weeks, unless
otherwise stated on the price quote. Anaphora Music is not responsible
for pricing or typographical errors. Orders are not binding upon
Anaphora Music until accepted by Anaphora Music. Re-orders and
future new orders are
according to the current terms and conditions when that order is
accepted and may
be accepted by phone, fax or email. Anaphora Music reserves the right
to refuse any order or re-order for any reason or no reason in its sole discretion.
2. Payment
Terms.
Payment terms are according to Anaphora Music's sole
discretion, and unless otherwise agreed to by Anaphora Music, payment
must be received by Anaphora Music prior to Anaphora Music's
acceptance of an order. A 50% deposit is due with your order. A 100%
deposit is due for orders of $200 or less. The balance, including
shipping fees, is due upon completion of your order. Credit Cards:
We accept American Express, Visa, MasterCard & Discover. Purchaser
agrees to pay total balance due according to card issuer agreement and
signs these order forms as if signing a credit card sales slip.
Checks: A returned check fee of $35 or 5% of the total order
price, whichever is greater, will be applied to any balance due. If
paying by money order, we only accept a United States Postal Service
Money Order. Check verification usually takes 2 business days after
the order is received. Balance payments by check may delay shipping
your order until processing of the payment can be verified. Sales
Tax - Clients in the state of GA add 6% sales tax. Sales tax
exempt clients must provide Anaphora Music with a valid tax exemption
certificate applicable to the product ship-to location prior to
Anaphora Music's acceptance of the order. Orders not picked-up or paid
for after 30 days of completion become the sole property of Anaphora
Music for any use its sole discretion.
3. Intellectual
Property Rights
(IPR).
An Intellectual Property Rights Form (IPR), page 3 of the order forms,
is required for every new order to ensure copyright protection
for the author or composer of the content to be duplicated. Anaphora
Music will not duplicate pirated material. Purchaser declares to be
the owner, or authorized agent of the owner, of all content, which
includes any data, audio, name, image, and statement, submitted for
duplication,and all info in IPRI I STRUE and that all required licenses, permissions, and
copyright clearances have been obtained and any fees for such
clearances have been paid. Anaphora Music DOES NOT assume any
responsibility or liability for any required copyright clearances. It
is Purchaser’s responsibility to comply with all copyright laws.
Purchaser shall fully and effectively, upon demand, indemnify Anaphora Music, including
without limitation its agents, employees,
and contractors, from any claims, demands, actions, damages, lawsuits, or judgments
of any kind or nature now or later contemplated, against
Purchaser including but not limited to, all attorneys' fees and costs
in connection with this agreement, including without limitation any
copyrights, trademark or intellectual property infringement.
4. CD/DVD
Master Disc Copy.
Please send a master disc copy. Your master disc copy is kept on file
after your project is completed and not returned to you. If your
master disc copy was not professionally created then please be sure
that your master disc copy is properly prepared for duplication.
Sony/Phillips Red Book Standard specifies that a CD should not exceed
74 minutes and 40 seconds (approximately 650MB). Purchaser may
exceed the standard up to 78 minutes. Any master longer than 78
minutes will not be accepted. DVD-5 masters should not exceed
4.3G. Playability issues may arise if masters are not to standard.
Purchaser’s duplicated discs will be exact replicas of the master disc
copy, including any errors or defects on the master disc copy. Unless
Purchaser has ordered and paid for mastering services, the master disc
copy will be duplicated as submitted with no changes. It is the
Purchaser’s responsibility to make sure the master disc copy submitted
is exactly as the Purchaser wants to have it duplicated.
5. Design
Set-up, Printing, & Proofing.
If your artwork is not press-ready and/or requires additional work
then additional fees may apply. Additional work is provided at our rate of $70/hour.
Printing of insets and tray cards is a different process than
for on-disc printing, and therefore may not precisely match. Absolute,
or exact, color matching is not guaranteed, and minor print marks,
within industry standard, may exist on all printing. Proofing
- All duplication projects begin only after you approve a proof for
each design created by Anaphora Music. One (1) set of digital proofs
is provided at no cost. Additional proofs may be subject to additional
proofing fees. Digital proofing (proofing on a monitor) colors are not
always absolute. Hard copy proofs are also available for an additional
fee, plus shipping. The fees for
hard copy proofs depends on the details of your project. Please check
with us if you need hard copy proof pricing. Review your proofs
carefully. Anaphora Music will not be liable for errors that you
approve. Anaphora Music, at its discretion, may or may not supply
proofs for designs submitted by Purchaser that do not require
additional set-up, but are run "as is," unless Purchaser specifically
requests otherwise on order form.
6. Overrun
& Underrun
(applies only to orders of 1000 and more with paper printing).
The industry standard for high quantity paper printing typically
yields a total number of units that is slightly higher (overrun) or
lower (underrun) than ordered. Some overrun or underrun should be
expected with every order. A 10% overrun or underrun is accepted
industry standard. The total price charged will reflect the total
number of units delivered.
7. Shipping.
FedEx is our preferred shipper and provides tracking numbers once the
order is shipped. If you are paying with a credit card, the shipping
address must match the billing address of your credit card. FedEx will
not deliver to a P.O. box. Anaphora Music, at its own discretion,
reserves the right to require the shipper to obtain a signature from
Purchaser at the time of delivery. Anaphora Music will not be held
liable for the timeliness of the shipping company. All orders F.O.B.
Anaphora Music, Marietta, GA. Order becomes the property of Purchaser
once it is shipped. Purchaser CANNOT refuse a shipment. Any shipping
damage must be reported immediately to the shipper.
8. Order
Cancellation.
Cancellation of an order in progress will
result in a balance due of charges accrued for work completed and
materials used to fulfill order according to the stage of completion
up to the time of cancellation, in addition to a cancellation fee of
10% of the total order or $25, whichever is greater. The remaining
balance, if any, will be refunded. If the order payment was made by
credit card, then the refund is credited within 14 business days. If
order payment was made by check, then the refund is mailed in 4-6
weeks. A completed order, including an order in the assembly stage,
CANNOT be cancelled.
9. Return
& Refund Policy.
Anaphora Music products and services are created to the Purchaser's
specific specifications and needs, and are most desirable only to the
Purchaser. Due to this specialization of our products and services,
Anaphora Music does not accept returns and does not give refunds.
10. Purchaser
Liability.
Purchaser, if acting on behalf of a group, artist, company,
organization, or any other entity, warrants to have full authority to
enter Agreement on its behalf and be bound by Agreement. All order
forms and payment forms, completed online or by hard copy, are legally
binding contracts between Purchaser and Anaphora Music. Purchaser
personally assumes liability as principal for payment of this order.
Non-payment by Purchaser is a breach of contract and will result in
immediate action against Purchaser by Anaphora Music to collect money
owed by Purchaser. Such action may include, but not be limited to, our
collection agency and/or attorneys acting on our behalf to collect any
monies due. Purchaser agrees to pay all collection costs, including
reasonable attorney(s) fees, court costs, and expenses, incurred to
collect monies owed to Anaphora Music by Purchaser. Anaphora Music
conducts business in good faith with its customers and will not
tolerate acts of fraud committed against Anaphora Music.
11. LIMITATION
OF LIABILITIES.
Anaphora Music neither makes nor accepts any warranty or liability, expressed or implied,
that is not contained in this Agreement. Anaphora Music shall not be
responsible for any loss, damage or injury of any kind or nature, now
or later contemplated, including but not limited to, direct or consequential, such as loss of
potential revenue, due to any defects in workmanship, materials,
negligence, errors or any other theory of liability against Anaphora
Music. All turnaround times are
estimated and subject to change, especially during peak seasons.
Estimated completion dates are NOT guaranteed, unless paying rush
fees. Please plan ahead. Anaphora Music will NOT be liable for your
deadlines. In addition, Anaphora Music is not responsible in
any manner now or later contemplated for the nature or contents of any
content placed on our sites by third parties.
12. Privacy
Policy.
The Information We Collect: This notice applies to all information
collected or submitted on the Anaphora Music website. On some pages,
you can order products, make requests, and register to receive
materials. The types of personal information collected at these pages
are: Name, Address, Email address, Phone number, Credit/Debit Card
Information, etc. The Way We Use Information: We use the information
you provide about yourself when placing an order only to complete that
order. We do not share this information with outside parties except to
the extent necessary to complete that order. We use the information
you provide about someone else when placing an order only to ship the
product and to confirm delivery. We do not share this information with
outside parties except to the extent necessary to complete that order.
Our Commitment To Data Security: To prevent unauthorized access,
maintain data accuracy, and ensure the correct use of information, we
have put in place appropriate physical, electronic, and managerial
procedures to safeguard and secure the information we collect online.
Information collected by Anaphora Music is never sold to a third
party.
13. Additional
Forms, Copies.
This Agreement may be amended by Anaphora Music at any time. It is
purchaser's obligation to periodically review this agreement for any
changes. In using the Anaphora Music site you acknowledge that you
have read, understand and agree to be bound by these terms and
conditions. If you do not agree with these terms and conditions do not
use the Anaphora Music site. CHANGES TO DUPLICATION ORDERS:
Supplemental forms may only be added if agreed to in writing by
Anaphora Music and Purchaser. Facsimiles, digital scans and
photocopies of Agreement are to be treated as original documents.
Purchaser may email changes to the "PROJECT DESCRIPTION & OPTIONS"
section only (page 1 of order form) and this email is to be considered
an amendment with written confirmation by both parties only if the
following requirement is met: The email written by Purchaser is
received by an authorized representative of Anaphora Music AND that
authorized representative replies to Purchaser’s email confirming the
change by restating it in the email.
14. Governing
Law.
This Agreement and any sales there under shall be governed by the
state of Georgia, without regard to conflicts of laws rules.
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