Please read these Terms and Conditions carefully.
By ordering you are agreeing to these terms and conditions. Should you not agree with these terms and conditions in their entirety we are unable to offer our service. If you have any questions please email firstname.lastname@example.org
Statement of intent
The Shift My Music service is intended for conversion of media that the Client is legally permitted to shift in format, media for which the Client owns the relevant copyrights and which meets the copyright criteria detailed below. We ask that our Clients take responsibility for ownership of their digital collection and refrain from uploading content to file sharing services. It is illegal to give copies of your files to another person or to share them via the network. Please use your digital music library responsibly.
Shift My Music reserves the right to refuse to supply services should there be reasonable grounds to suspect that the client is in breach of the copyright laws contained within these terms and conditions.
In procuring the Suppliers services the Client warrants that their content and intended use meets all of the following legal requirements of the the Copyright (New Technologies) Amendment Act 2008, section 81A as follows; Copying sound recording for personal use;
(1) Copyright in a sound recording and in a literary or musical work contained in it is not infringed by copying the sound recording, if the following conditions are met:
(a) the sound recording is not a communication work or part of a communication work; and
(b) the copy is made from a sound recording that is not an infringing copy; and
(c) the sound recording is not borrowed or hired; and
(d) the copy is made by the owner of the sound recording; and
(e) that owner acquired the sound recording legitimately; and
(f) the copy is used only for that owner’s personal use or the personal use of a member of the household in which the owner lives or both; and
(g) no more than 1 copy is made for each device for playing sound recordings that is owned by the owner of the sound recording; and
(h) the owner of the sound recording retains the ownership of both the sound recording and of any copy that is made under this section.
(2) For the avoidance of doubt, subsection (1) does not apply if the owner of the sound recording is bound by a contract that specifies the circumstances in which the sound recording may be copied.
Shiftmymusic (the "Supplier") acts under instruction of the legal owner of the media content (the "Client") to assist with the process of format shifting their own media. We will only make copies for the owner of the music and do not keep copies for use on any other sound device or by any person other than the Client.
It is the responsibility of the Client to ensure that all material submitted for service meets all relevant laws. The Client agrees to indemnify the Supplier, its affiliates, sub-contractors, franchisees, agents, suppliers, service providers, distributors, officers, directors, family and employees from any claim, demand, or legal dispute (including any legal costs, damages or awards) made by any third party in relation to the violation of copyright or any other laws pertaining to material submitted by the Client. The Client agrees that the use of the Suppliers services is entirely at their own risk and that by providing this service the Supplier in no way accepts any liability arising out of or related to the Clients violation of these Terms and Conditions and any other law.
Definition and scope of Services
1. Shifting CDs, Vinyl and Cassettes to Digital format: Known as “Ripping” this process involves reading the source music and converting it to a digital format of choice. We make every attempt to repair damaged CD's, however badly scratched or damaged recordings may not be able to be ripped. We charge the standard rate for "part ripped" recordings and it is the Clients responsibility to check the condition of CD's prior to submitting.
2. Grooming: Included as part of our service "Grooming" involves attaching or “tagging” information and artwork for each album and track for which the information is available. This information is known as "meta-data" and consists of the song title, artist, album, genre and album artwork. The Supplier will make every effort to provide accurate and complete meta-data however cannot guarantee accuracy or availability for all recordings. Music that has been successfully ripped but is unidentified will reside in a file marked "Unknown" ready for identification and tagging by the client. These files attract the standard ripping fee.
3. File Delivery: Once completed the newly created digital library is stored on an external Hard Disk Drive (HDD), USB drive or DVD ready for download to the Clients computer and/or Personal Audio Device. The storage hardware may be supplied by the Client or purchased from the Supplier. Once saved it is the Clients responsibility to transfer their files to their own media device. The Supplier holds no liability or responsibility for the transfer and playing of files to personal media devices and s not obligated to provide support for the transfer or playing of files on media devices unless the hardware has been purchased from the Supplier.
4. Supply of Hardware: A range of hardware options such as Hard Disc Drives, USB Drives and media players are available for purchase. New products carry a manufacturer’s warranty and this is stated with each product.
5. Media Bank Storage: Once we have created your Digital Library and saved it to your portable hard dDrive we retain a digital copy in a secure Digital Media Bank facility for Seven days (in case anything happens to your files during shipping). However you can request us to store the secure back up indefinitely (a small fee applies for this service) so that if your files are ever lost, stolen or corrupted you'll have access to the original master.
Payment is required prior to delivery of your collection and digital library. Payment methods are Credit Card, Direct Debit, Cheque or Cash. Payments require clearance prior to return of the order.
Should the Client wish to cancel their order without incurring any fee this must be done so in writing prior to commencement of service. The service shall be deemed to have commenced once the Clients personal media has been collected from their property. Cancellation after commencement of the service will result in only a partial refund which fairly reflects the costs already incurred by the Supplier.
The Supplier may, at its sole discretion, terminate this Agreement should any of the terms and conditions detailed in this agreement appear to be breached. In such a case any refund is at the sole discretion of the Supplier. In the case of a reasonable suspicion or actual copyright infringement the agreement shall be terminated and no refund will be made.
No refund will be made for service or hardware once the digital files are delivered to the client under any circumstances.
The Suppliers liability and your exclusive remedy with respect to the Supplier and the products and services provided to you under this Agreement shall be limited to the total value of the services and products purchased.
Protecting the privacy of your customer data, orders and credit card information is very important to us. We will not disclose or sell your customer data to any third party. We will only send you email newsletters if you explicitly opt in.
Credit card details are not stored anywhere on our servers nor in our premises. Your credit card details are processed in real time by an independent payment gateway authorised by our bank, using secure encryption.
Once created we retain a copy of your digital music library for Seven days in case of a Hard Drive failure or lost delivery. During this time you can request us to store the secure Back Up for you otherwise all files are deleted. Should you choose to "Media Bank" your digital library we guarantee that no-one other than you will have access to the files and they can only be obtained by you on request and with proof of identification.
Pick-up and Delivery
We will process your order within 1 business day following receipt of order. We will send you packing materials and instructions for courier pick-up where required. We will notify you of progress throughout the service. Your music and digital library will be returned upon receipt of payment of funds due for service. Please allow up to 5 days turnaround. Your music collection is insured against loss while in transit.
1.Any arbitration award will include reasonable attorneys' fees and may be enforceable in any court of competent jurisdiction.
2.The Supplier reserves the right to amend, add or delete portions of these terms and conditions at any time.
3.If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions of this Agreement will continue in full force and effect.
4.This Agreement constitutes the complete and exclusive agreement between the Supplier and Client with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
5.This Agreement shall be governed by the laws of New Zealand without regard to its conflicts of law principles. Any dispute arising from or relating to the Agreement is subject to binding arbitration conducted by any recognised New Zealand Court of Law. In the event of any lawsuit, demand or claim arising from this Agreement between the Supplier and the Client, reasonable legal fees will be awarded to the prevailing party.