Terms and Conditions

These terms and conditions ("Agreement") constitute a legally binding agreement between you ("Customer," "you," or "your") and our company (“Wiise Digitize“, "Service Provider," "we," "us," or "our") governing the use of our services for the conversion, enhancement, editing, and return of analog media to digital format. By utilizing our services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined herein.

 

1. Service Description

 

1.1 Services Provided: We offer a service that receives your old analog media, such as VHS tapes, cassette tapes, vinyl records, film, photos, and slides, for conversion to digital format. Additionally we provide services for enhancing digital content. We will enhance and edit the digital files as requested by you and then send the converted media back to you in a variety of formats. By agreeing to these Terms, you understand that we cannot guarantee a successful conversion of your media.

1.2 Fulfilment of services and payment: By submitting media for digitization, the customer agrees to remit payment for services rendered upon completion and return of digitized content via Dropbox or physical copies. Customers must pay for all media they have submitted that is digitized and returned. Exceptions to this obligation include instances where the media is unable to be digitized, conflicts with the Terms and Conditions of Wiise Digitize, the media is blank, or notice was provided to Wiise Digitize before the work was completed.

 

1.3 Limitations: While we strive to provide high-quality services, we cannot guarantee the restoration or enhancement of media beyond its original condition. The extent of enhancement and editing will be subject to the limitations of the source material. Customers may receive a non-enhanced transfer of a piece of media.

1.4 Quality of Source Material: We cannot accept material that is in excessively poor condition, such as tapes that contain mold or film that is in poor condition such as film containing tears or rough splices. By digitizing such material, it can damage our equipment, reducing the quality of future digitizations, or even causing irreparable damage. We ask that customers examine their materials before sending them to ensure that they are in appropriate condition for our services.

1.5 Duration of Customer Copies: With the completion of each order, Wiise Digitize will provide a link to allow customers to view and download their converted media on their own personal devices. This link will be valid and accessible by the customer for 90 days after the email with the provided link is sent to the customers. After the 90 days have passed, Wiise Digitize will no longer possess any copies of media related to said order. It will be the customer’s responsibility to either download and manage the storage of their media copies on their own personal devices or request and purchase copies from Wiise Digitize. Additional copies of previous digitizing services cannot be made after 90 days unless the customer is subscribed to the “Lifetime Protection Plan” from Wiise Digitize. In the event that a customer needs to have media digitized again, and they did are not subscribed to the lifetime protection plan, the customer will be required to complete the order process again and provide the original media for digitizing. In the event that Wiise Digitize cannot provide customers with a copy of their lifetime media, Wiise Digitize will refund the customer the full amount they paid for their monthly subscription.

2. Pricing Terms

2.1 Agreement to Pricing Terms: Wiise Digitize collects payment for services via invoicing. By using the services of Wiise Digitize you agree that you will pay your invoice for our services at the rates outlined on the customer’s quote estimate. This quoted estimate is not a guaranteed final price for the services. Depending on the material and content of the customer’s actual order, the price may show an increase or decrease in value from what was listed on the quote form.

Should a customer provide a piece of media less than 5 minutes in length, his will be converted for free by Wiise Digitize. This is limited to 5 pieces of media per order. If more than 5 pieces of media which have a duration shorter than 5 minutes are submitted, the 6th media piece and onward will be charged at the normal price.

2.2 Additional Media Formats for purchase: Modern forms of media are available for purchase. These formats will also appear on the invoice. The following rates apply for modern forms of media:

  • Flash Drive / Thumb Drive Copies: Varies depending on quantity of customer’s order.

  • CD Copies: $3.50 for every 2 hours of the customer’s media.

  • DVD copies: $3.50 for every 2 hours of the customer’s media.

A minimum of 1 disk is used per tape submitted. If a piece of media exceeds 2 hours in length, then you will receive a disk labeled “Part 1” and “Part 2” of that media piece.

2.3 Promotions and Discounts: Wiise Digitize may offer promotions via the form of a code word that is to be used at checkout. If a promotion or discount code is used, this will be reflected via the invoice.

2.4 Payment Due Dates: You agree that you will provide payment of the invoice for our services within 30 days of receiving your copy of the invoice.

2.5 Satisfaction Guarantee: Wiise Digitize offers a full refund of payment should the customer find their experience to be inadequate. A refund can be requested within 14 days of the customer receiving their invoice. Money due for refunds can be expected to return to customers in 5 - 15 business days, however Wiise Digitize is not responsible for any further delay in refunding money to customers. A refund will void the lifetime backup service if it was purchased by the customer. Wiise Digitize will immediately delete all copies of the customer’s converted digital media in the event of a refund request.

2.6 Changes to Pricing: Wiise Digitize reserves the right to make changes to the pricing of any items or services provided at any time. Pricing adjustments take effect at 12:00 AM the following day once changes are made to the terms and conditions agreement and pricing information provided on the website.

 

3. Shipping and Liability

 

3.1 Shipping Responsibility: You, as the Customer, are responsible for securely packaging and shipping your analog or digital media to us. We recommend using proper packaging materials and a reliable shipping service to minimize the risk of damage during transit.

 

3.2 Limited Liability: We are not responsible for any damages that may occur to your media during the shipping and digitization process. You agree to release us from any liability for loss, theft, physical or emotional damage, or expenses incurred during shipping or as a result of damages during the shipping or digitization process. It is your responsibility to adequately insure your media during transit.

 

4. Intellectual Property

 

4.1 Ownership: You represent and warrant that you are the rightful owner of the media provided to us, or that you have obtained the necessary permissions or licenses for its conversion, enhancement, editing, and any other services we provide. We assume no responsibility for verifying your ownership or permissions.

 

4.2 Copyright Compliance: You agree that you will not submit any copyrighted material for conversion or enhancement without the express permission of the copyright owner. We reserve the right to refuse service or terminate this Agreement if we have reasonable grounds to believe that copyright infringement has occurred.

 

4.3 Indemnification: You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, costs, or expenses arising from any copyright infringement or unauthorized use of intellectual property associated with the analog media you provide.

4.4 Content Approval: It is not the responsibility of Wiise Digitize to ensure that content is free of copy protection. Approval to transfer copywritten content must be acquired by the customer. Customers may email support@wiisedigitize.com to receive an approval form for digitizing protected media. This form must be signed by the customer and the owner of the content to be digitized and dated. Please submit the signed copyright release forms to support@wiisedigitize.com.

 

5. Use of Services

 

5.1 Endorsement: Unless expressly stated in writing, nothing in this Agreement shall be construed as granting you the right to use our company name, trademarks, logos, site, or any other intellectual property for endorsement, promotion, or advertising purposes without our expressly written consent.

 

5.2 Limitation of Use: The converted digital files we provide to you are for personal use only. You are prohibited from using the digital files for commercial purposes or distributing them to others without a license agreement between you and Wiise Digitize. Additionally, you may not engage in any activity that infringes upon the rights and terms of third parties.

 

5.3 Responsibility for Content: You acknowledge that you are solely responsible for the content of the media provided to us, including any text, images, audio, or video. We do not assume any responsibility for the content, legality, or appropriateness of the media before or after our services. You represent and warrant that the content does not infringe upon any third-party rights, including intellectual property rights.

5.4 You agree to not include or submit any content containing sexually explicit material or adult content for our services. We reserve the right to refuse to accept it.

 

6. Limitation of Liability

 

6.1 No Warranty: We provide our services on an "as is" basis without any warranty or guarantee, express or implied, regarding the quality, accuracy, or fitness for a particular purpose. We make no representations or warranties regarding the performance, reliability, or availability of our services.

 

6.2 Consequential Damages: In no event shall we be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with our services, including but not limited to loss of profits, data, or business opportunities.

 

6.3 Maximum Liability: Our total liability to you for any claims arising under or in connection with this Agreement, whether in contract, tort, or otherwise, shall be limited to the total amount paid by you for the specific services provided.

6.4 We utilize external third parties in order to conduct our business such as: website hosting providers, payment processors, and cloud sharing services. By using our services you provide Us consent to utilize these external services in order to provide our services to you. You agree to release us from any liability as a result of doing business within these third party services.

 

7. Termination

 

7.1 Termination by Customer: You may terminate this Agreement at any time by providing written notice to us.

 

7.2 Termination by Service Provider: We reserve the right to terminate this Agreement and suspend or terminate our services to you for any reason, including but not limited to non-compliance with these terms and conditions, violation of intellectual property rights, or unlawful use of our services.

 

8. Miscellaneous

 

8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Illinois. Any legal actions or proceedings arising out of or relating to this Agreement shall be brought exclusively in the courts of Illinois.

 

8.2 Entire Agreement: This Agreement constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes all prior agreements, understandings, or representations, whether oral or written.

 

8.3 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

 

8.4 Assignment: You may not assign or transfer any rights or obligations under this Agreement without our prior written consent. We may assign or transfer this Agreement without restriction.

 

8.5 Waiver: The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or the right to enforce it.

Last Updated: November 3, 2024