Terms of Service
These Terms set out the agreement between "you" (the client and/or person placing the order) and MociCore Solutions (operating as TheVideoConverter.com) from hereon referred to as the "operator", "we", "us" or "our" throughout this agreement.
"You" agree that by placing an order with the "operator" you are automatically entering in agreement with the "operator" ( MociCore Solutions, a registered Sole Proprietorship in Ontario, Canada) and bound by these terms.
THESE TERMS TAKE PRECEDENCE OVER ALL OTHER INFORMATION PROVIDED ON THE SITE IN CASE OF A DISPUTE.
OUR COMMITMENT: We will strive to achieve the best possible quality within our capabilities. We however at our discretion are free to determine what is the best possible achievable quality under the conditions on a case by case basis. We will at all times advise you of any loss of quality events that may occur. Should you have any concerns see the "Satisfaction" section below
LIABILITY: By placing an order "you" agree that all material converted will be used solely for personal use and purposes, and will not be viewed by large audiences. In case "you" are a commercial entity "you" confirm that you hold all necessary rights to authorize the reproduction of the works submitted. "You" agree that the charges you pay for our services are not for the content of the media processed but rather for the services rendered to provide you with "compatible media" that you will use strictly for personal use, or otherwise "you" confirm that "you" hold the necessary rights to authorize their reproduction. "You" agree that the "operator" will not be held liable in any form direct or indirect for any actions or consequences that may arise out of the use of such compatible media, or the action of producing such media for "you". "You" carry all legal liability for the action of commissioning the production of compatible media from any original media provided to us and any consequences that may ensue due to its use.
AGE RESTRICTIONS: By placing an order you agree that you are the legal age required in your state/province/country to be able to carry out financial transactions via Credit Card, or are acting under the authorization of a person of legal age.
SERVICES: Our services include, but are not limited to, tape conversion services from PAL to NTSC or vice versa, and conversion from analog to digital and vice versa. We reserve the right to change the description of the services at any time, and will give you reasonable notice (which will be deemed to be as little as 12 hours in advance) if you currently have placed an order with us.
PRICING: All our current prices appear in Canadian Currency, and are subject to change at our discretion. However we will carry out and complete any services ordered at a previous price, or otherwise advise you of the changes and offer a refund if necessary.
Paypal or CreditCard payments must be made directly online if using the website to order, or you will be assisted by us if ordering by phone or in person.
Cash Payments are only available for orders within the local Toronto area when choosing local pick up/drop off.
MoneyOrder/Cheque issued by a Canadian Financial Institution may be sent only after first contacting us to confirm your payment method.
US International MoneyOrder can be used by US residents, who must first contact us for instructions on this payment method and the exact conversion from CAD to US.
EMT: We accept EMT from anyone able to send such payment, however we must be contacted for account instructions.
MoneyBookers: This is a last resort payment method, and you may incur a small fee on top of the payment amount.
For instructions on how to choose a payment method please consult http://www.thevideoconverter.com/pay.html
WE RESERVE THE RIGHT TO DENY ACCEPTANCE OF ANY PAYMENT METHOD AT OUR DISCRETION.
CANCELLATION REFUND: If between the time you have placed an order and the time we receive the "Media" or "Material" (which shall refer to all tapes, dvd's etc..) to be processed you may cancel your order (this implies that no processing work has been done on the order). You will receive a refund equal to: "Total Sum Paid" less "Charges Incurred to Return the Original to you" less "Fees Associated with Issuing a Refund" less a "Processing Fee" (determined at our discretion).
Fees associated with issuing a refund:
Issued through EMT: $2
Issued through Postal Money Order: Fee determined on by case basis
Issued through MoneyBookers: Fee determined on by case basis
Refunds to PayPal or Credit Card account or by personal cheque incur no such fees
At our discretion we may assign a small "refund processing fee" in some cases.
WE RESERVE THE RIGHT TO SELECT A SPECIFIC REFUND METHOD AT OUR DISCRETION.
-All cancellations must be done ASAP (at a maximum of 3 days from order placement).
-Refunds for cancellations after processing has started will be determined and issued at our discretion.
SATISFACTION & REFUND:
We will strive to produce a satisfactory product. If upon receiving one of your orders you fail to be satisfied please contact us at email@example.com.
Possible mitigation methods will be such that we may at our discretion:
Decide to reprocess the order
Decide to provide a full or partial refund
Decide to provide a service credit in the form of a voucher or coupon
Deny further action on our part deeming that the performed conversion meets service quality expectations.
-Local Toronto Area is defined by Steeles Ave to the north, Kipling to the west, and McCowan Rd. to the East
-If "you" will drop off or pick up the item yourself thEn you may do so at one of these locations:
St. Clair Ave W and Laughton Ave
-In the above defined Local Toronto Area we can pick up and drop off for a small fee
Shipping to our location
-"You" are responsible for all shipping costs associated with getting the original media/tape/disc to "us"
-When Shipping from US and International locations to us, please mark your packages with a total value of no more than $20 CAD or $15 USD.
-If you deem it necessary to mark your packages with a higher value, you'll be responsible for all customs brokerage fees (note: UPS charges approximately $17 CAD while CanadaPost charges approximately $5 CAD for brokerage) and any customs tax and duty charges.
-We will advise you if such charges occur, and in most cases we will pay these charges and bill you for the amount
Shipping to You
-Amounts charged for shipping the product back to you are non-refundable and may not be equal to the actual shipping costs since they also include handling fees. At our discretion we may however refund such amounts fully or partially on a case by case basis.
-Our shipments will be through Fedex, UPS or CanadaPost.
-Although our shipment methods are such that customs charges do not apply or are prepaid by us, if any such charges do occur you'll be responsible for such sums
-All Outstanding Charges are DUE UPON RECEIPT. Invoices received by mail or electronic means including E-mail invoices will be allowed a a grace period of 3 DAYs to complete payment. Amounts not paid within this time period will accrue interest at a rate of 3% per month (36% per annum).
For all deliveries, charges must either be prepaid in full (contact us to make payment arrangements) or will be collected as COD (Cash on Delivery) by the courier.
-You agree that we may follow one of these methods in order to collect outstanding balances:
-Hold the original media until such balance has been paid
-Proceed to collect through a Collection Agency
-Seek a legal judgment against you
IF YOU NEED TO RESOLVE A PROBLEM WITH US PLEASE CONTACT US AT SUPPORT@THEVIDEOCONVERTER.COM
"YOU" AGREE THAT OUR DECISION ON RESOLVING MATTERS, INCLUDING ANY SUCH MATTERS THAT MAY NOT BE WELL DEFINED IN THIS AGREEMENT WILL BE FINAL AND YOU WAIVE ANY AND ALL RIGHTS TO PROCEED TO RESOLVE SUCH MATTERS IN ANY OTHER MANNER.
These terms were last updated on Saturday, 10 July 2010 and apply to all orders including those placed before this date but not yet received for processing.