TERMS AND CONDITIONS All contracts and agreements for the supply of services, materials and/or facilities (“Work”) by The Media Concierge are accepted subject to the following terms and conditions:
The Media Concierge – themediaconcierge.com
401 Logan Avenue, Suite 206
Toronto, Ontario, M4M 2P2
- Prices: Unless otherwise indicated, prices to be charged for all Work shall be the prices of The Media Concierge in force at the date of delivery of such Work.
- Terms of Payment: Unless otherwise indicated or waived by The Media Concierge all Work is to be delivered on a C.O.D. basis. Invoices for Work not delivered on a C.O.D basis are due 30 days from the date of delivery or electronic dispatch. Overdue accounts will be subject to interest charges of 2.0% (two percent) per month or 24% (twenty four percent) per annum. The Client agrees to pay all costs and expenses, including legal fees, incurred by The Media Concierge, in connection with collection amounts owing to The Media Concierge and past due. Any claims for adjustment in connection with an invoice must be submitted to The Media Concierge in writing within 10 (ten) days from the date of the invoice in question; otherwise the invoice(s) shall be deemed to have been accepted by the Client as accurate.
- Liens: To secure the punctual payment of all amounts owing to The Media Concierge, the Client hereby grants The Media Concierge, a security interest, mortgage and charge in and to all files, films, tapes, copyright and other intellectual property contained in the files, films or tapes delivered to the Client by The Media Concierge.
- Indemnity by Client: The Client agrees to indemnify and save harmless The Media Concierge, its officers, directors, affiliates, agents and employees, from and against any and all suits, claims and demands (“Claims”) and all other liabilities and expenses (including legal fees) arising out of or in connection with the production, distribution or exhibition of any files, films, tapes or other works (“Works”) in connection with which The Media Concierge services to the Client, and including, without limitation, in respect of any Claims for alleged infringement or unauthorized use or appropriation of any copyright or other such rights or interests in or to such Works, any alleged libel or slander contained in or arising out of such Works and alleged violation of any law concerning such Works or content thereof.
- Generally: The Media Concierge may refuse to encode, duplicate, transfer or process without liability to Client and Elements which The Media Concierge, in its sole discretion, deems unlawful, pornographic or degrading or which it deems as tending to incite prejudice or passion. Elements will be returned to the Client and any and all charges incurred thus far, shall be paid by the Client.
- Return of Client materials: When all outstanding invoices have been paid by the Client, The Media Concierge will, upon written request from the Client, return all of the Clients materials at the Clients expense, all of the Clients materials which remain on the premises of The Media Concierge beyond 90 days after completion of the Work may be disposed of by The Media Concierge without liability.
- Limitation of Liability and Warranty: Clients files, films, tapes and materials (“Works”) are received, processed, used and stored by The Media Concierge solely at the Clients risk. The Media Concierge shall not insure any of the Clients Works while in the possession of The Media Concierge or while in transit. The Media Concierge will not be responsible or liable for any lost profit or other damages caused by the loss, damage or destruction of any Works or other materials or elements belonging to the Client or to any other person unless such loss, damage or destruction is caused by the negligence or wilful act of The Media Concierge or any of its employees acting within the scope of their authority. If loss, damage or destruction of Works, elements or materials belonging to the Client or other person occurs as a result of negligence or wilful acts as aforementioned, then the liability of The Media Concierge shall be limited to the replacement only of the raw stock or drive which is lost, damaged or destroyed. Except for such replacement, The Media Concierge shall have no further liability to the Client or other person(s). The Media Concierge shall not be liable to the Client nor to any Third Party, for any act or omission of any person selected by The Media Concierge to perform services or furnish elements or materials for the Client. If materials or elements furnished by The Media Concierge are found to be defective in manufacture, The Media Concierge will replace the materials or elements with similar quantity of raw stock provided the Client notifies The Media Concierge within 5 (five) days of shipment. Except for such replacement, The Media Concierge shall have no further responsibility or liability in connection with such defective materials or elements. The Media Concierge makes no warranty, expressed or implied, with respect to the materials; elements or services provided by it and assumes no responsibility for the character or quality of materials, elements or services provided. The Media Concierge expressly disclaims all warranties, expressed or implied, statutory or otherwise, including any implied warranty of merchantability or fitness for a particular purpose.
- Terms Regarding Use of Facilities: The Media Concierge will use its best efforts to ensure that all equipment will be in working condition, capable of producing signals of broadcast quality. Should time be lost due to equipment failure or malfunction, The Media Concierge will credit the Client for that portion of the equipment or service fee applicable to the period for which use of the equipment or service was denied. Alternatively, at the Clients request, The Media Concierge will furnish the equipment or service for an additional period of time equal to the period of time lost due to equipment or service failure, subject to The Media Concierge obligations to other clients. Except as provided herein, The Media Concierge shall have no further liability to the Client for losses or damages sustained by the Client resulting from equipment failure or malfunction.
- Modification: The terms and conditions herein may only be modified by an instrument in writing, signed by the Client and a signing officer of The Media Concierge.
401 Logan Avenue, Suite 206
Toronto, Ontario, M4M 2P2