Terms and Conditions
In using this website and in doing business with Transerve Disc
Technologies Limited; you are deemed to have read, understood and agreed to the
following terms and conditions:
All terms refer to; the offer, acceptance, and consideration of
payment necessary to service our Clients in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means; for the express purpose of meeting the
Client’s needs in respect of provision of the Company’s stated
services/products, and in accordance with and subject to, prevailing English
Law.
Any use of these terminology or other words in the singular,
plural, capitalization and/or he/she or they, are taken as interchangeable and
therefore as referring to same.
Thus, the following terminology applies:
"Client", “Customer” “You” and “Your”
Refers to you, as the person accessing this website and/or having
business dealings in Transerve Disc Technologies Limited
"The Company", “Transerve” “Ourselves”, “We” and "Us",
Refers to Transerve Disc Technologies Limited
“Party”, “Parties”, or “Us”,
Refers to both the Client and ourselves, or either the Client or
ourselves.
Privacy Statement
We are committed to protecting your privacy and we constantly
review our systems and data to ensure the best possible service to our
customers.
Authorized employees within the company (on a need to know basis)
only use any
information collected from individual customers as may be appropriate
for the Client’s Job(s).
Parliament has created specific offences for unauthorized actions
against computer systems and data. Thus, we investigates any such actions with
a view to prosecuting and/or taking civil proceedings to recover damages
against those responsible
Confidentiality
Any information concerning our
Client and their respective Client Records may be passed to third parties as
may be appropriate to facilitate our service to the Client. However, Client records are regarded as confidential and
therefore will not be divulged to any third party, other than [our
manufacturer/supplier(s)] and to the appropriate authorities, if legally
required to do so. Clients have the right to request sight of, and copy of any
and all their own/Client Records we keep, on the provision that we are given
reasonable notice of such a request.
Where appropriate and for the benefit of both parties; we shall
issue Client’s with appropriate written information, handouts or copies of
records as part of an agreed contract. Clients are requested to read, understand, act as appropriate, and retain copies of any
literature issued in relation to the provision of our services.
Any emails sent by this Company will only be in connection with
the provision of agreed services and products. We will not sell, share, or rent
your personal information to any third party or use your e-mail address for
unsolicited mail.
Disclaimer
Exclusions and Limitations
The information on this website is provided on an "as
is" basis. To the fullest extent permitted by law, this Company:
·
excludes all
representations and warranties relating to this website and its contents or
which is or may be provided by any affiliates or any other third party,
including in relation to any inaccuracies or omissions in this website and/or
the Company’s literature; and
·
excludes
all liability for damages arising out of or in connection with your use of this
website. This includes, without limitation, direct loss, loss of business or
profits (whether or not the loss of such profits was foreseeable, arose in the
normal course of things or you have advised this Company of the possibility of
such potential loss), damage caused to your computer, computer software,
systems and programs and the data thereon or any other direct or indirect,
consequential and incidental damages.
The above exclusions and limitations apply only to the extent
permitted by law. None of your statutory rights as a consumer are affected.
Payment
Online Transfers, Personal Cheque with Bankers Card, all
major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable
methods of payment. Our Terms are 50% advance payment on order and balance
before delivery except for credit customers whose invoices will be covered with
14 days (or less) postdated cheques as may
be decided by the management. Payment that
remains outstanding by the due date will incur late payment surcharge at the Commercial Bank’s prevailing Money market interest rate
which presently is @ 24% on the outstanding balance until such time as the
balance is paid in full and final settlement; and such customer stands the chance of no future credit. We reserve the
right to seek recovery of any monies remaining unpaid sixty days from the date
of invoice via collection Agencies and/or through the High Court. In such
circumstances, you shall be liable for any and all additional administrative
and/or court costs.
No customer/vendor/agent/client should give any form of
gratification to our staff as motivation for services to be rendered, or
appreciation for services rendered; as we will not be a party to it, and we are
not responsible for payment made to persons (staff or otherwise) except for the
ones made into our recommended Bank Accounts; bearing “Transerve
Disc Technologies Ltd” Thus, customer should always contact us to
obtain our Bank of choice before effecting payment, and thereafter, forward to
us the authenticated payment teller.
Returned cheques will incur a flat fee
of N1, 500.00 charge to cover banking fees and administrative costs. In an
instance of a second Returned cheque, we reserve the
right to terminate the arrangement (without prejudice to our right on the debt
owed and charges thereon) and, if agreed to, we shall insist on future cash
transactions only. Consequently, all bookings and/or transactions and
agreements entered into will cease with immediate effect until such time as any
and all outstanding monies are recovered in full.
Please note that goods becomes the property of the customer
immediately their order is scheduled whether paid for in advance or produced on
credit, and delivery
to the customer will only be on satisfaction of our payment term.
Cancellation
Minimum 48 hours notice of cancellation required. Notification for
instance, in person, via email, mobile phone ‘text message’ and/or fax, or any
other means will be accepted subject to confirmation in writing.
We reserve the right to levy a N16, 000.00 (sixteen thousand naira
only) for ACD/VCD Job, or a N24, 000.00
(twenty four thousand naira only) for a DVD Job, or
any amount as may be determined by the Company from time to time; charges
to cover the cost of Stamper and any subsequent administrative expenses. Full
payment of goods produced will be paid by the Client if the order was not
properly cancelled.
Termination of Agreements, Refunds and Non-Complying Product
A. Both the Client, and ourselves have the right to
terminate any Services Agreement for any reason, including the ending of
services that are already underway. No refunds shall be offered, where a
Service is deemed to have begun and is, for all intents and purposes, underway.
Any monies that have been paid to us which constitute payment in respect of the
provision of unused services shall be refunded.
B. Non-complying product must be reported to our
Head Office in writing, (stating
the problems), within 72 hours receipt or 2
weeks of our delivery (maximum) of such products. Only duly signed complaints
(on your letter headed paper) will be entertained. Failure to which, it will be
deemed that you received the products in good condition and no further
complaint on the product will be entertained.
C. Incase of non-compliance of any product, we will
need at least a spindle of 100pcs in its original shrink film, sealed and
intact for our investigation.
D. We also need at least 7 working days to carry
out necessary investigations on your claims.
E. For an order of 1000 CDs and above, defected
products of less than 30 pieces are accepted as normal and within an acceptable
error margin of 30 pieces or 3% (whichever is smaller) If your claims are found
to be true, that is above error margin of 30 pieces or 3% (whichever is
smaller) and caused by our negligence, we will reproduce the defected products,
as the final settlement. No further claim from you will be entertained.
F. It is the responsibility of the Client to avail
us with a good Master and label it
appropriately as production inputs, with its titles, format (CD, VCD, DVD, or
Stamper) clearly specified.
G. Customers
authorization, confirmation and other information can be relayed to us via the
customer’s mail address, text or Whastapp message
from the customer’s registered phone number and via a duly signed letter on the
Customer’s letter headed paper.
H. For films/movies, the master inputs should be on Hard Drive/Flash Drive and labels
should be soft copies with which the jackets were printed by the Printers.
I. We will not be held responsible for defected
products caused by bad masters and poor quality labels.
J. We are committed to produce and deliver the best possible
quality products as may be permitted by inputs submitted to us and customer’s
choice of format. However, this will not be less than VCD or DVD quality
Standard, as the case may be.
K.
Customer should note that Job visual qualities may be slightly compromised in
an attempt to compress (convert) from a DVD volume size to a VCD size as
usually desired. Hence customers are advised to seek appropriate guidance from
their Editors.
L. We are not responsible for the quality of the
Masters kept in our custody beyond one year because of the inclement weather
conditions. Customers are advised to store and keep their original Masters. We
need only good copies of their originals to produce their work.
M. All materials (Job Cards, Stampers, Audio
Inputs, Labels and Library copies) are destroyed after two years of storage due
to limited storage space.
N. Due to inclement weather conditions, we cannot
guarantee the quality of any Stamper input beyond six months of its first
usage. Therefore further reprints after six months may be charged as a new
production at our discretion.
O. Due to offset Printing Technology and the Printing processes of
CDs, we cannot guarantee 100% exact printing of solid colors as CD labels.
P. In compliance with applicable laws, we do not accept master,
label or other input material which contained pornographic, pedophilia,
incisive messages/information, hates, racism or promoting any subversive
activities against the state, governing body or an individual.
Availability
Unless otherwise stated, the services featured on this website are
only available within the Nigeria, or in relation to postings from Nigeria. All
advertising is intended solely for Nigeria market. You are solely responsible
for evaluating the fitness for a particular purpose of any downloads, programs
and text available through this site. Redistribution or republication of any
part of this site or its content is prohibited, including such by framing or
other similar or any other means, without the express written consent of the
Company. The Company does not warrant that the service from this site will be
uninterrupted, timely or error free, although it is provided to the best
ability. By using this service you thereby indemnify this Company, its
employees, agents and affiliates against any loss or damage, in whatever
manner, howsoever caused.
Log Files
We use IP address 199.85.212.16 to analyze trends, administer the
site, track user’s movement, and gather broad demographic information for
aggregate use. IP address is not linked to personally identifiable information.
Additionally, for systems administration, detecting usage patterns and
troubleshooting purposes, our web servers automatically log standard access
information including browser type, access times/open mail, URL requested, and
referral URL. This information is not shared with third parties and is used
only within this Company on a need-to-know basis. Any individually identifiable
information related to this data will never be used in any way different to
that stated above without your explicit permission.
Cookies
Like most interactive web sites; this Company’s website [or ISP]
uses cookies to enable us to retrieve user details for each visit. Cookies are
used in some areas of our site to enable the functionality of this area and
ease of use for those people visiting. Some of our affiliate partners may also
use cookies.
Links to this website
You may not create a link to any page of this website without our prior
written consent. If you do create a link to a page of this website you do so at
your own risk and the exclusions and limitations set out above will apply to
your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites
which are linked to from this website. Opinions expressed or materials
appearing on such websites are not necessarily shared or endorsed by us and we
should not be regarded as the publisher of such opinions or material. Please be
aware that we are not responsible for the privacy practices, or content, of
these sites. We encourage our users to be aware when they leave our site &
to read the privacy statements of these sites. You should evaluate the security
and trustworthiness of any other site connected to this site or accessed
through this site yourself, before disclosing any personal information to them.
This Company will not accept any responsibility for any loss or damage in
whatever manner, howsoever caused, resulting from your disclosure to third
parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exist on
all text relating to the Company’s services and the full content of this
website.
Communication
We have several different e-mail addresses for different queries.
These, & other contact information, can be found on our Contact Us link on
our website or via Company literature or via the Company’s stated telephone,
facsimile or mobile telephone numbers.
Force Majeure
Neither party shall be liable to the other for any failure to
perform any obligation under any Agreement which is due to an event beyond the
control of such party including but not limited to any Act of God, terrorism,
war, political insurgence, insurrection, riot, civil unrest, act of civil or
military authority, uprising, earthquake, flood or any other natural or manmade
eventuality outside of our control, which causes the termination of an
agreement or contract entered into, nor which could have been reasonably
foreseen. Any Party affected by such event shall forthwith inform the other
Party of the same and shall use all reasonable endeavors to comply with the
terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any
provision of this or any Agreement or the failure of either Party to exercise
any right or remedy to which it, he or they are entitled hereunder shall not
constitute a waiver thereof and shall not cause a diminution of the obligations
under this or any Agreement. No waiver of any of the provisions of this or any
Agreement shall be effective unless it is expressly stated to be such and
signed by both Parties.
General
The laws of Nigeria govern these terms and conditions. By
accessing this website and using our services/buying our products, you consent
to these terms and conditions and to the exclusive jurisdiction of the Nigerian
courts in all disputes arising out of such access or use of our
services/products. If any of these terms are deemed invalid or unenforceable
for any reason (including, but not limited to the exclusions and limitations
set out above), then the invalid or unenforceable provision will be severed
from these terms and the remaining terms will continue to apply. Failure of the
Company to enforce any of the provisions set out in these Terms and Conditions
and any Agreement, or failure to exercise any option to terminate, shall not be
construed as waiver of such provisions and shall not affect the validity of
these Terms and Conditions or of any Agreement or any part thereof, or the
right thereafter to enforce each and every provision. These Terms and
Conditions shall not be amended, modified, varied or supplemented except in
writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from
time to time as it sees fit and your continued use of the site and services
will signify your acceptance of any adjustment to these terms. If there are any
changes to our privacy policy, we will announce that these changes have been
made on our home page and on other key pages on our site. Any changes to our
privacy policy will be posted on our web site 30 days prior to these changes
taking place. You are therefore advised to re-read this statement on a regular
basis
These terms and conditions form part of the Agreement between the
Client and ourselves. Your
accessing of this website and/or undertaking of a booking or Agreement
indicates your understanding, agreement to and acceptance, of the Disclaimer
Notice and the full Terms and Conditions contained herein. Your statutory
Consumer Rights are unaffected.
© Transerve Disc Technologies Ltd 2018 All Rights Reserved