Photo restoration and digital photo services Terms of Service.
ACCEPTANCE OF TERMS
Borsche Digital provides its Photo Services to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. You can review the most current version
of the TOS at www.borschedigital.com/photo/photo_tos.php or request a copy from us at any time. By using the
services of BORSCHE DIGITAL for Photo Services you agree to be bound by our Digital Photo Terms of
Service.
SATIFACTION GUARANTEE
If you are not satisfied with the finished product then you will keep your original and we will keep any deposit
and any finished digital and/or print images we created.
COMPLETION DATE
BORSCHE DIGITAL agrees to work expeditiously to complete the work in a professional and timely
fashion.
DELEVERY OF FINISHED WORK
The finished work will be delivered in one of two ways:
- In person - The finished work will be delivered to you and you will be able to view and accept the
finished work. If work is acceptable you will be able to keep the finished work after payment is received.
-
By mail - You will be able to view a copy of the finished individual items on our one of our web site locations
to approve the work. Once BORSCHE DIGITAL has received you final payment your work will be
shipped. BORSCHE DIGITAL will send the finished work and any originals by USPS priority mail, FedEx,
UPS or email based on agreement or by default, how BORSCHE DIGITAL received your originals.
COPYRIGHTS AND TRADEMARKS
By requesting our services and entering into a aggreement with BORSCHE DIGITAL,
you represent to BORSCHE DIGITAL and unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, artwork or other items furnished to BORSCHE DIGITAL for use in
any project are owned by you, or that you have permission from the rightful owner to use each of these
elements, and will hold harmless, protect, and defend BORSCHE DIGITAL and its subcontractors from
any claim or suit arising from the use of such elements furnished by you.
LIMITATION OF LIABILITY
You expressly understand and agree that BORSCHE DIGITAL shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to, damages to, theft or loss
of the Content you provide, damage to DVD players, computers, or other equipment, loss of profits, goodwill,
use, data or other intangible losses, resulting from, but not limited to, product defects, accident, misuse, acts of
God or other circumstances.
GOVERNING LAW
All agreement for Photo restoration and/or other digital photo services supplied by BORSCHE DIGITAL shall be
governed and construed in accordance with the laws of the State of Illinois. The parties agree that if any part,
term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the
validity of the remaining provisions shall not be affected thereby. This Agreement was entered into and is
subject to the laws and jurisdiction of the state of Illinois. You agree that any dispute will be litigated or
arbitrated in Will County, Illinois.
PAYMENT OF FEES
In order for BORSCHE DIGITAL to remain in business, payments must be made promptly. Final
payment will be requires at the time the finished work is delivered. A deposit of up to 50% of the estimated
cost can be required before work is started. If the actual cost will exceed the original estimated cost you
will be notified and must approve the additional amount before work is completed.
Payment shall be by cash, check or money order, in US dollars, and made payable to "BORSCHE DIGITAL".
Returned checks will be subject to a $20.00 handling fee in addition to any fees charged by banks.
Delinquent bills will be assessed a $15.00 service charge if payment is not received within 10 days of the due
date. If an amount remains delinquent 30 days after its due date, an additional 1.5% per month penalty will be
added to the balance due for each additional month of delinquency. In case collection proves necessary,
you agree to pay all fees incurred by that process.
AGREEMENT
By using the Services of BORSCHE DIGITAL, you acknowledge that you have read and accepted the TOS,
which constitutes the entire agreement between you and BORSCHE DIGITAL, and governs your use of the
Services, superceding any prior agreements between you and BORSCHE DIGITAL (including, but not limited to,
any prior versions of the Terms of Service).
Requests for services received by email will be considered the same as a signed request for services.
No job is too small for us!
We do reserve the right to refuse restorations
where the damage is excessive and/or the final restoration would be unsatisfactory.
Please review our policy on copyrighted material
before submitting any photo, images, or content.
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