Terms and Conditions of Sale
1. Agreement. All sales by CDMaker (“seller”) to the customer (“Customer”) shall be governed by the provisions hereof. Special conditions contained on Customer’s order forms that are at variance with or in additional to the terms and conditions contained herein are not binding on Seller unless specifically accepted by Seller in writing. The signature or equivalent digital version of Customer, or Customer’s authorized representative or placement of the order in any fashion constitutes the Customer’s acknowledgment, understanding and acceptance of the terms and conditions hereof.
Please make sure you have read all of the policies and terms before placing an order. The client also agrees to hold CDMaker harmless for any misrepresentation or failure to perform or deliver any project submitted by client.
CDMaker reserves the right to correct artwork errors or to charge an additional file review fee in the event we must re-evaluate supplied artwork files.
Some work may not be acceptable in the sole discretion of CDMaker. Work not accepted would be work that is considered either vulgar, inappropriate, distasteful, or offensive in the sole discretion of CDMaker. Any work that attacks or demeans an individual, race, religion, group, etc. in the sole discretion of CDMaker will not be accepted.
Personal or economic rights: The client also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights. The client will, at the client’s sole expense, promptly and thoroughly defend CDMaker in all legal actions on these grounds in a manner acceptable to CDMaker as long as CDMaker notifies the client of the legal action and gives the client reasonable time to undertake and conduct a defense. CDMaker reserves the right to use sole discretion in refusing to print anything deemed illegal, libelous, scandalous, improper or infringing upon copyright law.
2. Terms of Payment. Customer shall issue to Seller a 75% deposit and provide signature on CDMaker’s order form or equivalent by CDMaker. CDMaker accepts Mastercard and Visa only. If you do not have these cards, please plan to pay with a check. The balance is due either at completion, prior to shipping or upon pick up at CDMaker’s office. No order will be shipped until the balance is paid in full. Every order is subject to plus or minus 5%. Client will be invoiced for actual quantity shipped. In addition, Customer is responsible for the ultimate payment of all taxes, including without limitation sales and uses taxes, stamp charges, licenses, duties and government executions by whatever name which may be assessed or levied on or account of the goods purchased by Customer. Any unpaid amounts after 45 days from the date of the invoice shall begin to accrue interest at a rate eighteen per cent (18%) per annum. Customer shall pay all attorneys’ fees, court costs, and all other costs incurred by Seller in collecting and overdue amount, including interest.
3. Order Placement. Payment with instructions is considered order placement.
It is the responsibility of the customer to determine their requirements and make necessary adjustments whether than means obtaining the complete set of artwork files successfully from their graphic designer or a workable master or getting CDMaker all necessary items in order to complete in a standard turntime. While all efforts will be made to work within customer requirements, CDMaker is not responsible for any customer instructions that are communicated verbally at any time – before or during production.
If a customer has hired a third party such as a graphic designer, make sure that any special requests from the designer are communicated directly to the production manager at the email address production [at] cdmaker.com CDmaker is not responsible for emails sent to the wrong address or to the wrong department. Customer must provide written instructions either on order form or via email or fax. It is the customer’s responsibility to ensure that their request as well as any from their designer has been received at CDMaker’s office. At that time CDMaker will evaluate request and respond accordingly.
Reorders: Unless a client has printed up sufficient quantities in advance, reorders of exact master and artwork require the same production time required for an initial order. The time to create or adjust the artwork used in the original order at the time of the initial order is never considered in the manufacturing production time or a reorder in the event it is not an exact reprint.
Order cancellations. Very rarely a client must cancel an order. Orders canceled at any time for any reasons once instructions and payment have been received will be subject to an administrative fee of $75 plus any and all charges for work, special expedited fees or materials costs up to when the project is cancelled. The fees will be deducted from the deposit. These are handled on a case by case basis and we will work with you to a satisfactory conclusion.
Added 03/12/2012 – After a printing release without a requested proof has been received or after a requested hardcopy proof has been approved, CDMaker cannot accept any cancellations.
4. Verbals. Seller is only responsible to honor pricing and estimates provided in writing. Any verbals are provided solely for the convenience of the customer and because so many different aspects of a project can be discussed within a series of phone calls over a period of time, they can not constitute a binding blanket pricing or a set number of production hours since they could be attributed to any number of scenarios. Disputes based on specific written estimates from sellor will be the only ones evaluated.
5. Warranties and disclaimer of warranties. Seller disclaims any and all express and implied warranties in any way relating to the goods purchased by seller, whether based on breach of contract, negligence, strict liability or otherwise including without limitation any implied warranties of merchantability or fitness for a particular purpose except that the goods shall meet seller’s quality standards. Seller warranties product to be free from materials or workmanship defect as defined by industry standards. Defect within the provided materials from customer is not warranted by Seller. Customer assumes all risk and liability resulting from the use of such goods whether used singly or in combination with other goods.
6. Claims. The Customer may only reject all or part of the good, revoke its acceptance of all or part of the goods or assert a claim or defense based on the quality of all or part of the goods if, within seven (7) days after receipt of the goods, Customer send to Seller at 13581 Pond Springs Road, Suite 301, Austin, Texas 78729 by prepaid parcel post or express delivery (1) a letter specifying the nature of the complaint and (2) a small sample of the goods alleged to be defective or inferior. No charges or expenses incident to any claims will be allowed unless approved by an authorized representative of Seller. Other than the small sample, goods shall not be returned to Seller without Seller’s permission. Compliance by the Customer with these conditions precedent shall not constitute an admission by the Seller of the merits or amount of the Customer’s claim or defense.
7. Seller’s Liability. No claim of any kind whether as to goods delivered or for non-delivery of goods, shall exceed the purchase price of the goods for which such damages are claimed. In no event shall Seller be liable for lost profits or consequential damages such as costs of mailing or postage of CDs prior to discovery of any defect. Seller neither assumes nor authorizes any person to assume for Seller any other liability in terms and conditions in connection with the sale or use of the goods. Restitution will always be in the form of replacement of product, deduction of per unit that are missing and/or additional product equivalent . All forms of restitution will be at the discretion of the Seller.
8. Seller’s Communication. Seller reserves the right to limit its interaction with persons associated with any order. Third party providers, such as graphic designers, will be provided professional courtesy communications and at no time does any or such communication between any third party provider and CDMaker constitute a Seller’s liability to extend to a Customer’s third party provider. At CDMaker’s discretion, for any reason communication may be limited to only the direct customer associated with the project.
9. Ownership and sale of Property. Materials provided by the Customer in connection with the goods will remain Customer’s property. The Seller shall not be liable for loss or damage to Customer’s property after the order regardless of the nature of loss or damage; Customer is responsible for insuring its property or retaining final digital files for output. Seller reserves the right to withhold Customer’s property until full amount is paid Seller for the goods. The Customer has authority to grant a lien as agent for Customer’s client. If Customer fails to pay or fails to claim its property within six months, Seller may dispose of Customer’s property in any manner Seller deems appropriate. Seller is not responsible for any materials left beyond 12 months from the date of the last order of that title. This includes leftover booklets, traycards, novelty items, original photos, sketches, original artwork discs, artwork of any nature, or other printed materials.
10. Non-Waiver. The Seller’s failure to exercise any right or take any action permitted hereunder, or to insist upon strict performance of any provision hereof, shall not be deemed a waiver thereof or of other rights, remedies, breaches or subsequent defaults by the Customer in the performance of or compliance with any of the terms contained herein.
11. Delay in Performance. Seller shall not be liable for delay in performance caused by circumstances beyond the control of Seller, including without limitation storm, flood, act of God, fire, war, riot, government action, labor strike or lockout or other labor trouble or shortage, or inability to obtain material equipment or transportation. If a rush order suffers from either source defect or manufacturing failure, this is deemed beyond the control of the Seller.
Although it is a rare event that we miss production schedules, all equipment used in the production of your product is by its nature is subject to malfunctions and equipment failure. You can rest assured that we will do everything in our power to make sure that any production problems do not delay your project. That’s why we give you range for the completion date. However, please note that any delivery time estimates or efforts to meet your timeline ARE NOT CONTRACTUAL and no turnaround can be guaranteed. Please try to plan date sensitive projects with plenty of time to spare. CDMaker will NOT incur additional costs to meet your deadline even if CDMaker does not have finished production within the anticipated timeframe.
12. Customer Representations. Customer represents and warrants (1) that they are the sole owner and/or has the right to possession, use and duplication or reproduction of any and all materials delivered to Seller for duplication or reproduction; (2) that neither materials delivered to Seller for duplication, reproductions or use of the same in any way defames or violate or infringes any copyright, trademark, patent or other proprietary or other right of any person or entity; and (3) such materials are not obscene or otherwise violate of any state or federal low or regulation. Customer holds officers and employees harmless from and against any and all manner of actions, causes of actions, accounts, claims or demands arising out of or in connection with the duplication distribution, publishing, processing, use, contents or exhibition of the materials supplied by Customer or goods purchased from Customer.
13.Technology Clause – while Seller specifies what is needed to complete the project in terms of digital files or master formats it should be understood that this is what it takes to run your project today. At a later date should you wish to reorder, you may need to provide different formats or require us or someone else to perform production work at billable rates to convert what previously was used into a newly workable format. Seller is not responsible for changes in technology and how they would relate to your potential reorder.
Also, any templates provided by Seller will be valid templates at the time they are requested. If by the time the order is placed either those templates are no longer in use or the client wishes to modify the printing method for any reason that would make the previously provided templates no longer viable for that project, all costs and time necessary to modify the existing artwork will be the customer’s responsibility. The only exception to this would be a case where within 30 days of the template being sent if die changes occurred for that particular item, Seller will then assist customer with modification at no additional cost to customer.
14. Submitted Items that are Out of Specifications – artwork files must be submitted within industry standard guidelines for offset press in terms of resolution and color space and be completely ready for press or printing. Seller provides one (1) complimentary file review fee at no charge. If any aspect of the artwork files are found to be out of spec, Seller will notify you. Further file reviews are subject to a file review fee. Multiple file submissions for any reason are discouraged as it becomes Seller’s responsibility to keep correct files uncontaminated with previous files. Thus multiple file submissions will incur additional file reviews. If you or your designer have any questions about what constitutes out of specification, please contact Seller or read the artwork requirements page.
Files that do not follow our instructions will delay your job and incur extra charges. If the client employs the services of a third party designer it is the Client’s responsibility to make sure that all file submission specifications are understood and followed by their designer. The client may contact a client representative at CDMaker with any questions the client may have regarding format and submission specifications.
CDMaker is NOT RESPONSIBLE for items that would prevent the file from being CORRECTLY printed such as missing files, resolution, color mode, missing fonts and/or images, proper bleed, etc. It is also your responsibility to check backup and pagination of files, size and trim, folds, perfing and scoring. Please check the PDF proof returned for your approval very carefully. You are responsible to detect errors in the file prior to giving your approval to proceed. If a new PDF proof is necessary after one complimentary re-proof due to client error there is a minimum charge of $25 for re-trapping and ripping the file and generating a new PDF. There will not be a charge on your first cycle of changes, only changes made after the first one.
15. Shipping Policy. Most of our clients ship via a common carrier such as UPS. Once the project has been transferred to the possession of the shipping company, the responsibility for the project is transferred to the carrier once it leaves our facilities. CDMaker can not guarantee shipping times and any claims for loss or damage must be made to the shipping company. If you require more than standard insurance on your project, please communicate that in writing to CDMaker. We will make every effort to have it shipped according to your wishes. Please ensure your request comes in with plenty of time (at least 3 days) prior to your ship date or there is the possibility that updating your instructions may delay your project’s ship date.
16. Use of Client Projects in Advertising and Marketing Efforts. From time to time CDmaker may use your art or completed project or any part of it in an effort to show our work to prospective and current clients. We reserve the right to modify your project’s image to suit our specific needs. This may be done on websites, in-office displays, direct mail, brochures, flyers, video and/or by providing actual samples. We do not intend to suggest the we have the right to sell your work only that we are showing samples of CDMaker’s capabilities to prospective or current clients. We will never charge any party for these items or sample, nor will the client receive compensation for their use. If you do not want your project used in this way, then you must tell us clearly in writing when you submit your order. We will respond to your request in writing so if you do not receive confirmation then we did not receive your request. In any case, if we have inadvertently or mistakenly used your materials for this purpose then you agree to hold us harmless against any claims made due to its use. It is our intent to follow your instructions on this manner.
17. Entire Contract. This instrument contains the entire agreement of the parties hereto with respect to the sale, purchase and shipment of goods and no modification or waiver of these terms and conditions shall be of any force unless such modification or waiver shall be in writing and signed by the Seller’s authorized representative. Placement of an order constitutes your acknowledgment of your acceptance of these terms.
18. Governing Law. This agreement is entered into in the State of Texas and it shall be construed and governed by according to the laws of the State of Texas, without regard to conflict of laws principles.
Addendum – Archival Policy
When CDMaker provides production on your CD, you can normally expect :
A backup on hard drive for approx 10 days
A CDR copy made for you at your request if desired for $10 (within 10 days of completion)
Please note that after 10 days there is a chance that your files are no longer available in any digital form.
It is always our intention to be of service to you. It is in your BEST interest to have your own copy since hard drives can fail or be hit by power surges or damaged in such as way as to make retrieval of your data impossible.
Keeping a backup of the computer files is the equivalent of having a safety DAT or additional CDR of your final audio master as well as any master tapes of the final mix. A proactive stance will always be your best protection.
If you desire to have a back up of your files and the project is more than 10 days completed and we have it on our system, there will be a $30 retrieval fee in addition to the fee to burn the CDR or to FTP files to a server. Please note again that it is likely that after 10 days we will not have your files in any digital form and will not be able to complete your request.
Computer alterations requested after project has been completed.
For those who have computer backup – minor changes run between $25-50. If changes are extensive and will require a proofing stage, a quote will be provided. For those who did not obtain a CDR backup, there is a $30 archive retrieval fee in order to locate computer files if they are still available plus one (1) hour minimum to make computer changes. This is subject to review once the specific changes are specified.
Leftover print, films or materials
Please note that all materials left at CDMaker are stored free of charge. They remain the customer’s property and are left at the customer’s risk. Under normal conditions you can reasonably expect that your materials will be stored and available for up to one (1) year from your initial order. After one year, should any items be missing or damaged regardless of it being at CDMaker, it is the customer’s responsibility to replace when needed.
Film negatives have not been required in the industry for printing for over 6 years. If you need to reprint please provide digital computer files in current specifications. Films are not necessary nor useful to reprint and thus Seller is not responsible for any loss of film negatives. Period. There may be a fee attached to looking for films from that far back. Check with your representative.
Please note that CDMaker does not have a budget to return customer property. If you wish to have your materials returned after completion of your order it is your responsibility to ask for them when you pick up. If you’re needing them sent to you, please allow approx $10-12 in UPS fees to recover your materials.
Complimentary App Terms
Should your project includes a free android app development, you are responsible to ensure that all images and information used in your app are owned by you or that you have written permission to use in the way of photos.
Since only sound clips will be featured in the discovery app – it is not expected that you will be subject to mechanical licenses are part of the app. However, if you are using compositions that require a mechanical licenses or royalties to be paid for downloads it is completely within the responsibility of the artist or organization that is representing the artist to pay and be legally obligated to any remedies should they not have been paid at any time prior, during or after the app was available to encourage purchase. Artist agrees to hold CDMaker harmless in any claims made against CDMaker or Artist or Band.
Artist or Band is licensing CDMaker to use all materials – including, but not limited to, sound recording, image, likeness, photos, text on website etc in order to achieve the completion of the discovery app. Artist must decide in the beginning if purchases of tracks or album will be directed to iTunes or back to the artists website or store.
All apps developed under this arrangement will have developer information and a link back to CDMaker on the information page or equivalent page.
CDMaker is not involved in any financial transaction between user and band or band and user.
The app will reside on CDMaker’s Google Play developer account. The first 6 months maintenance and hosting will be included.
After the first 6 months, the artist or band will be billed for every 6 months at $20 per month or $180 for the android app.
Artist or Band may cancel the service anytime prior to the billing date – no questions asked.
CDMaker reserves the right at its discretion to either delete or repurpose the app should the artist or band choose at any time to discontinue the monthly hosting and updates to the app that was developed and hosted for 6 months at no initial cost to the artist or band.
If there is any disagreement that can not be handled , both Client and CDmaker are bound to arbitration within Williamson County in the State of Texas.
Last updated: 09/15/11 to update physical address, additional technical clauses for templates, submitted items that are out of spec
9/16/11 to add seller’s communication
10/25/11 to add verbal clause
02/08/12 updated cancellation clause
03/12/12 updated various sections related to order placement, turntimes and cancellations.
3/16/12 added use of images of art or products in advertising/marketing efforts
3/9/14 added app terms of conditions