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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 Donít 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 Purchaserís 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. Purchaserís 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 Purchaserís 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 Purchaserís 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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