CDs & DVDs
Terms & Conditions
Replication Order Terms
By submitting a signed Job Specification and Quote, you represent and agree with PacificDisc to the following:
1. Payment. You authorize PacificDisc to accept payment (either by check or charge to credit card) and start the specified work. Once you sign this document and send to PacificDisc, your payment is due in full, as we immediately start spending money on your project.
2. Timing. The time of completion is an estimate based on the job specification. Meeting this completion date requires you to approve proofs and check discs the same day you receive them. We do everything we can to meet the estimated date, but delays are possible due to unforeseen issues. If a job is more than 7 working days late from the estimated date due to delays by PacificDisc, you are entitled to a 10% discount on the cost of the job. PacificDisc is not responsible for delays caused by you, including your delays in approving proofs or other materials sent to you, problems in your supplied materials (such as damaged masters, artwork problems, corrupted files, etc.), changes to your specification and any other delay caused by you or your materials.
3. Verification of Supplied Content. The functionality and suitability of the content specified on this quote and supplied by you, including the DVD BluRay or CD master and all artwork ("Supplied Content") has been completely verified by you prior submission to PacificDisc and you found the content acceptable in all respects. Additionally, you are releasing this Supplied Content to PacificDisc for replications and/or duplication or manufacturing services.
4. Check Disc. If requested, a functional prototype ("Check Disc") will be provided to you before replication begins. The content of the Check Disc will be functionally identical to the final product provided by PacificDisc, however the Check Disc will be silver, not printed like the final product. You must completely verify the functionality and suitability of the Check Disc, find it acceptable in all respects, and inform PacificDisc in writing of your approval. You can email approvals to <> or fax your approval to . PacificDisc guarantees that the final product will functionally match the Check Disc – if it does not, we will replace the non-conforming discs with conforming discs at no additional cost to you.
5. Proofs. PacificDisc does everything we can to ensure that your final units match the proofs we send you. Please note that PDF proofs are for positioning and layout only, and are not reliable for accurate color proofing – if you require close color control, you must request a hard copy proof. If you request a hard copy proof, the final product will substantially conform to the proof, or PacificDisc will replace the non-conforming materials with new materials which conform. Due to normal variations in silk screening inks, some variation in color reproduction in DVD faces is expected and not cause for replacement. All approvals of proofs must be in writing. You can email approvals to <> or fax your approval to .
6. Remastering Fees. If you need to modify and resubmit the Supplied Content, a remastering fee of $750 will apply. This fee entitles you to new Check Disc. If you need to resubmit cover and/or insert artwork, additional fees will apply.
7. Cancellation Fee. If you decide to cancel a replication project, for any reason, having already submitted masters and a signed contract. Or, if your project is rejected for copyright violations, there will be a $250 cancellation fee. The remainder of your money will be refunded. If you have approved your artwork, or checkdisc and PacificDisc has already made these materials, you assume those costs in the event you wish to cancel your order after the fact.
8. Authority and Indemnification. You represent and warrant that you possess the legal right and authority to have PacificDisc, at no cost or liability to PacificDisc or any of its vendors, suppliers, or other related parties, process, modify if needed, produce, duplicate, and/or replicate, for sale and/or distribution to third parties, the Supplied Content, without infringing any trademark, copyright, contract, property right, or any other third party rights of any kind, whether statutory, legal, or equitable. You will indemnify and hold harmless PacificDisc and its directors, officers, employees, and vendors from any loss, claim, liability, and expense (including reasonable attorney fees and other litigation expenses) with respect to claims of any third parties arising from your wrongful disclosure of information to PacificDisc.
Intellectual Property Rights Protection
PacificDisc participates in the International Recording Media Association's (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content.
The customer represents and warrants to PacificDisc: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to PacificDisc by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and PacificDisc are not, or will not be, as a result of the execution and delivery of this agreement or the performance by PacificDisc of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless PacificDisc and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
The customer agrees to provide PacificDisc, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, PacificDisc does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and PacificDisc may rely on the customer's representations and warranties herein and provided under PacificDisc's Intellectual Property Rights Form even if PacificDisc investigates such ownership.
If PacificDisc determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, PacificDisc will have no further obligations to the customer to provide any products or any other services with respect to such materials, and PacificDisc will return such materials to the customer.
General
Liability: PacificDisc limits liability to redo or refund (at our discretion) on services performed, provided the product is considered defective by reason of poor workmanship or materials. Re-runs or refunds will only compensate the quantity or value of goods deemed defective. No product will be replaced or credit issued more than 30-days after the clients' receipt of goods. In the unlikely event that product needs rework it will be picked up and returned to client via UPS Ground on PacificDisc's account.
PacificDisc will not be liable for damages as a result of the shipping company - whether it be the shipment itself or components of the product. Adequate insurance is the sole responsibility of the client.