TERMS OF SERVICE
Welcome to Audio, Data and Video Services Sydney, hereby known as : ADVS Sydney. (ABN : 64 167 955 178) The following terms set out in this document incorporate without limitation our “Terms of Service”, privacy policy, guarantees and collectively any content, functionality or services offered through “the site” www.advssydney.com.au
TERMS
It is you, the “customers” responsibility to carefully read the “terms” of ADVS SYDNEY before using this site or engaging in the services of ADVS Sydney. BY ACCESSING THIS SITE YOU ACKNOWLEGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL THE TERMS OF SERVICE & USE OF ADVS SYDNEY. YOU AGREE TO COMPLY AND BE BOUND TO THESE TERMS UNDER ALL APPLICABLE AUSTRALIAN LAWS AND REGULATIONS.
You agree that by using this site and OR engaging in its services, you have entered into an agreement which has the same legal force and effect as a written contract with your written signature. You further agree that you will not challenge the validity or enforceability of the ADVS SYDNEY terms of service in any way.
REVISION & UPDATES
ADVS SYDNEY reserves the right to revise and edit these terms at any time for any reason without any notice to its customers. It is you “the Customers” full responsibility to read and understand these conditions before the use of this site or engagement in any of the ADVS SYDNEY services.
YOU “THE CUSTOMER” AGREE TO BE BOUND TO THESE TERMS
All updates or revisions will be effective immediately upon posting to this site.
REFUSAL OF SERVICE
ADVS SYDNEY reserves the right to refuse service to any persons or reject any material that is deemed inappropriate by the management team.
ADVS SYDNEY staff and management reserve the right to refuse service or engage with customers who are displaying aggressive behaviours this may include but not limited to unreasonable demands on staff for any reason, abusive language or threats.
DEFAMATION
(a) You warrant that the materials are not in any respect defamatory of any person, business or company.
(b) You indemnify ADVS SYDNEY against any loss, damage and expense which ADVS SYDNEY may incur, whether directly or indirectly, as a result of or in connection with any;
(i) liability for defamation arising out of ADVS SYDNEY copying the materials.
ADVS SYDNEY REQUEST FOR PUBLIC USE
At times we receive material from our customers that would make great promotional material for our website, email marketing or print mediums. Before we use any material submitted by you “the customer” for public use, we will request permission from you to do so. You have the right to decline the use of your submitted material.
RETURNS & REFUND POLICY
We do not charge any additional fees for reviews, return postage or re-transfers. Due to the nature of old media formats we do receive material at times that are in very poor condition or unable to be transferred due to the way they have been stored, age or fragility. We strive to always give customers the best quality transfer possible. The ADVS SYDNEY team provides project reports with every order that outlines the overall condition of your order. We do not charge for items that are unable to be transferred due to any reason.
ADVS SYDNEY DOES NOT OFFER ANY REFUNDS ON ORDERS THAT HAVE BEEN AUTHORISED AND COMPLETED . No Exceptions
It is the customer’s responsibility to check that their media (DVD’s, USB’S provided by ADVS SYDNEY) are in good working order within 7 days of Collection or delivery. All media supplied to customers by ADVS SYDNEY come with a 365 day replacement warranty if deemed by ADVS SYDNEY Staff to be faulty.
ADVS SYDNEY will pay for the cost of return postage to interstate customers if a fault is identified within the 7 day notice period.
ADVS SYDNEY does not offer a warranty of any kind on any Media (USB, Hard Drives etc) that is supplied to us by you “the customer”.
If we are able to playback your Media at our processing centre it is NOT deemed faulty. Customers that have difficulty playing back their DVD’s or Flash Drives at home may need to check or update their systems. We make no warranties that media will play back on all home systems.
DELIVERY METHOD OF YOUR MEDIA TRANSFER
ADVS SYDNEY supplies your media back to you in the following formats, you may select what method suits your requirements.
AUDIO/VIDEO & FILM FOOTAGE SUPPLIED ON
DVD – BLANK DVD label in a plastic Sleeve (video footage to play in your DVD Player or on your computer)
CD – BLANK CD label in a plastic Sleeve (Cassette tape/ Audio to play in your CD Player or on your computer)
USB – For small amounts of audio (MP3 Format) or video footage (MP4 Format)
Hard Drive – For large amounts of audio (MP3 Format) or video footage (MP4 Format)
Online - (Supplied via: Dropbox, OneDrive or internally supplied server link) Available for an additional charge
PHOTOS/SLIDES & NEGATIVES SUPPLIED ON
USB – (Image files to copy to your computer or use to make prints)
Hard Drive – (storage for your data, copy to your computer or use to make prints)
Customers can supply their own USB or Hard drive with their order. ADVS SYDNEY does not give any warranties whatsoever with media storage supplied by you “the customer” If the media storage you have supplied is not the correct size, faulty or unable to be read in our systems we “ADVS SYDNEY” will supply one for you “the customer” . If a disc is requested,the additional cost will be added to your invoice.
Disc PRECAUTIONS
You understand that to keep your disc/s in peak condition that the following precautions should be taken.
a) Take care to avoid touching the recording surface, or allowing fingerprints, dust, drops of liquid, etc, to come in contact with the disc.
b) Do not attach labels, protective sheets or chemical coating preparations to the disc surface.
c) Do not leave the disc where it can be exposed to sunlight, high temperature or humidity.
d) Do not mark the disc, except by using a felt tipped pen on the label side.
DATA RETRIEVAL – Tape, Film, Photo’s etc
Retrieving your lost data is possible. ADVS SYDNEY keeps a back up of your media for a period of 365 days from the date your order was completed and invoiced. A delivery fee will apply if physical media is requested to be redelivered.
Retrieval of your data after the 365 days is not possible and your media will need to be re-digitised. Customers will need to pay for re-digitisation in its entirety.
YOUR ORDER / PROCESSING TIME
At ADVS SYDNEY we strive to complete all orders as quick as possible. In fairness to all our customers your order is placed in a queue for processing. All orders are processed earliest date first. Our usual minimum turnaround time is approximately 48 to 72 hours, sometimes quicker depending on the work load. However this can extend to longer depending on our current work load and the size of your order. It is the customer’s responsibility to make sure that their order is placed early enough to avoid disappointment and accommodate any deadline.
TAPE OR FILM REPAIRS
When dealing with old media we sometimes are required to repair tapes or film before it can be transferred to a digital format. This may include simply cutting and splicing broken tape or be more complex repairs like replacing case housing and manual winding of complete tapes or reels.
You agree and authorise ADVS SYDNEY to make any repairs necessary to retrieve footage from the media you have provided where needed.
PRIORITY ORDERS / SERVICE FEES
If you have a deadline you must meet and have not left sufficient time for your order to be completed, ADVS SYDNEY may be able to accommodate your request for a priority service. This will be accommodated at the sole discretion of the ADVS SYDNEY staff and will depend on the size of your order and whether staff can complete it in the time required. Additional fees may apply depending on the circumstances.
PAYMENT TERMS
Payment to ADVS SYDNEY for services rendered is required within 7 days of your orders completion.
An extended payment time frame may be available to customers with prior consent from ADVS SYDNEY management. A decision will be made at our sole discretion and on an order by order basis.
All payments must be cleared and paid in full prior to delivery. No exceptions.
For convenience payment can be made the following ways:
1. By cash – In person
2. Direct bank transfer/ PAYID – Into our ADVS SYDNEY business Account (Details on your Invoice)
3. Credit Card ( VISA, MASTERCARD, AMEX) payment – In Person or by phoning ADVS SYDNEY Directly on 1800 0123 87.
4. PAYPAL – Details on invoice.
WE DO NOT ACCEPT THE FOLLOWING FORMS OF PAYMENT
1. Money orders
2. Cheques
Money Orders or Cheques sent to us by you “the customer” will be returned with your completed order. Orders will be retained at our processing centre until such time that payment is made using any of the methods mentioned above.
If paying by credit card then the credit card authority must be completed at time of order.
If paying by PayPal or Credit/Debit Card, services fees set by these services may apply.
POSTAGE AND HANDLING
ADVS SYDNEY only uses Australia Post tracked Express Post Satchels for returning customer’s orders. The size required will be determined by the ADVS SYDNEY staff. The most common sizes are small, medium, large and extra large satchels. All prices can be found on the Australia post website.
A Processing Fee of may be charged on top of postage costs to customers who require their order to be returned anyway other than as stated above.
If you the customer” require your order to be returned to you by any other method of delivery other than as stated above, you will need to organise this in its entirety, The ADVS SYDNEY staff will not be responsible for filling out courier labels or ringing courier companies or similar to arrange parcel pick up.
Customers may supply their own prepaid, pre labelled Australia Post satchels for return post. It is “the customers” responsibility to make sure that their satchels are the correct size.
In most cases ADVS SYDNEY does not return orders in their original post packaging. It is the customer’s responsibly to package their orders in using disposable material.
RISK OF LOSS
At ADVS SYDNEY we provide the service of transferring and digitising various types of media. ADVS SYDNEY does not provide any services related to the postage or courier of goods to or from its processing centre. For this reason the risk of loss only passes to ADVS SYDNEY when it has arrived at our processing centre, the risk of loss then passes back to you “the customer” once we lodge your goods with Australia Post. BY POSTING OR COURIERING ANY MEDIA TO ADVS SYDNEY, YOU ACKNOWLEDGE THAT ADVS SYDNEY IS NOT RESPONSIBLE FOR ANY LOST, DAMAGED, MISDIRECTED OR LATE ARRIVAL OF GOODS.
DISPOSAL OF GOODS
A Customer’s goods may be disposed of in the following instances only.
1. If the customer fails to pay their account and after several attempts by ADVS SYDNEY administration to recover funds owing. (attempts will be made for 12 months from date of invoice only)
2. A customer requests in writing via email that they would like ADVS SYDNEY to dispose of their goods.
3. Goods have been accidently left behind at our processing centre and the customer did not return to collect (disposal of left behinds goods will take effect after 12 months from date of invoice), Subject to unable to contact customer after several attempts.
ADVS SYDNEY will take all measures above and beyond to ensure that all goods belonging to its customers are returned in the condition that they are received in. We however cannot store customer’s items for longer than a 12 month period. It is your responsibility to make sure that you pay for services and collect all goods left at our processing centre in a reasonable time frame (within 12 months).
You agree that ADVS SYDNEY will not be liable for any lost or disposed of items that you have neglected to claim in the time frame outlined in these terms.
FORCE MAJEUR
ADVS SYDNEY will not be liable for failing to perform its obligations or for the loss and damage of goods under this agreement as long as the failure is triggered by something beyond its reasonable control, : (a) zombie apocolypse, alien invasion, rapture, riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, (b) earthquakes, flood, fire or other physical natural disasters, (c) power failures or any other disruptions to services in which ADVS SYDNEY relies on to perform its obligations.
This clause does not excuse payment of monies due.
COMPLAINTS & DISPUTES
ADVS SYDNEY always strives for excellence in the quality of our work and customer service, but from time to time a misunderstanding may occur between you “the customer” and us “the ADVS SYDNEY Team” All customer complaints or disputes are handled by the ADVS SYDNEY Management team.
Complaints may be made by calling our processing centre directly on: 1800 0123 87 or by emailing: info@advssydney.com.au. All complaints are handled and resolved in line with our terms of service, policies and procedures.
DISPUTES AS INDIVIDUALS
You “the customer” and ADVS SYDNEY agree that any dispute resolution proceedings will be only conducted on an individual basis and not in a class or consolidated action.
YOUR WARRANTIES AND OBLIGATIONS
By ordering any service from ADVS SYDNEY, you warrant the following
1. Any material submitted to ADVS SYDNEY is not in violation to any copyright laws
2. Material submitted is created by you or, that you have the right to permit ADVS SYDNEY to perform duplication or other services. ADVS SYDNEY will not complete work submitted by persons under the age of 18 without permission from an authorised representative.
3. Material submitted does not violate any state or federal law.
4. You agree to use the site lawfully and for your own personal, non-commercial use.
By ordering or using the services of ADVS SYDNEY you understand that ADVS SYDNEY is relying on these representations. You also agree that you will indemnify, defend and hold harmless ADVS SYDNEY from and against all cost, damages, expenses including but not limited to solicitors fees arising from claims or demands by any third party regarding copyright laws or infringements of any kind from materials submitted by you.
Updated / Revised October 2024