General Terms and Conditions (GTC)
§ 1 Scope of Application
1. Group D.M.T Co., Ltd., 53 Sivatel Tower, 14th Floor, Wittayu Road, Lumpini-Patumwan, Bangkok 10330, Thailand (hereinafter “DMT”) offers digital image editing services on the website www.digital-media-tech.com. The following general terms and conditions (hereinafter referred as the “Terms”) applicable at the time of the order is for all contracts, the customer (hereinafter “Customer”) concludes with DMT relating to the services offered by DMT services.
2. These Terms are an integral part of any contract which, as far as no special agreements has been settled, and may be subject under the link “Terms” page, downloaded and printed or saved.
3. Different terms of the client as well as changes and additions to these Terms and Conditions are only valid if they are recognized in written form by DMT. This applies even if the business and / or delivery of the client has not been contradicted.
§ 2 Contract Partners
Unless explicitly stated otherwise, contracts under these Terms & Conditions are closed between the Customer and DMT.
§ 3 Registration
1. Requirement for an order is the Customer’s prior registration on the site at www.digital-media-tech.com. The client has to indicate his contact information, e-mail address, user name and password. DMT will confirm receipt of the information provided with your registration data by e-mail to the customer specified e-mail address and send the client a confirmation link. Once activated, the customer can use his account.
2. Registration is only permitted to legal entities and contractually capable natural persons. The person who carries out the registration for a legal person, must be authorized in oder to enter into appropriate contracts.
3. The Customer is subjected to submit true and complete statement of all details in his registration. He also assures DMT the immediate notification of changes regarding his information. Multiple registrations are prohibited. Registration is not transferable.
4. The access information, consisting of the username and the password must be kept secretly and protected from access by third parties.
§ 4 Contract Conclusion
1. The Customer can make an order on the website with the integrated on-line order form. This allows the Customer after a successful registration on the website for digital image editing services and to upload the appropriate files. The client asserts that he has checked the files transferred on the server with a current virus scanner and releases to the current state of the art of malicious software. A legal binding order is been done over the button “Send Order” on the client from. This request can only be made and transmitted, if the client has previously accepted these terms and conditions.
2. DMT sends the client an e-mail, in which the basic data of the Customer’s order will be listed again. Through this acceptance, the contract is made. DMT is entitled to refuse the order without giving reasons.
3. After the job is executed, DMT will inform the client about this via e-mail.
§ 5 Delivery and Shipping
1. The delivery of the order is subject to the provisions laid down on the website, if no further agreements have been made between the Customer and DMT. All shipments, including any returns will be charged to the Customer. Exclusions are returns due to a defect in the goods or incorrect deliveries. DMT is entitled to partial deliveries.
2. The delivery timing or (usually) lead times given by DMT are, unless otherwise agreed, non-binding and represent the respective status of production planning. Fixed dates for service delivery are only binding if DMT has confirmed them in writing form in the contract as fixed deadlines, firm dates or binding dates.
§ 6 Complaints, defects liability
1. If the Customer is an entrepreneur, according to the agreement, he has to check in each case the delivered order or any orders sent for correction to primary and intermediate production status. The risk of any error after the printing or production release lies on the Customer. The same applies for all other release declarations by the Customer. Obvious defects must be submitted in a written report within 2 days. Hidden defects, which can’t be found immediately, must be notified in writing within 2 days after. Should the client fail to report these cases, the delivery of these shortcomings will be accepted.
2. If the customer is consumer, he shall notify obvious defects within 3 days after delivery. With no obvious deficiencies, the client as a consumer has to give notice of this within 3 days of discovery.
3. In the case of defective media makes DMT remedy. The remedy is – in case the customer is an entrepreneur – performed by replacement or repair, which is at the discretion of DMT. If the customer is consumer, he is entitled to choose between replacing or repairing. DMT has the right to refuse one or other type of remedy or correction, if these are only possible with disproportionate costs. The customer’s rights of withdrawal and price reduction remain unaffected in any case, this applies even if the remedy has failed.
4. All documents handed over to DMT will be treated carefully. A liability for damage or loss occurs only to the material value, unless that DMT has acted willfully or with gross negligence.
5. The client is only entitled to claim for damages after error only if the liability is not excluded in accordance with clause 8 of these conditions or limits. Warranty claims by the Supplier shall expire, unless this is not a consumer, within one month after delivery of the order, unless the defect was fraudulently concealed or covered by a warranty for the quality of the item.
§ 7 Copyright, exemption from DMT
1. The Customer guarantees to own all copyrights, ancillary copyrights and intellectual property rights to the images that are being used by DMT. The Customer assures that he owns all images, which he sends DMT, also guarantees unrestricted ownership of the processing, modification and redesign rights and ensures that the edited, amended and / or reworked images are not against copyright law and / or privacy rights of any kind notices. The client assures us by the proper order processing that no trademark, utility models, industrial designs or other rights of third parties will be hurt. All of a possible infringement of the aforementioned rights shall be absorbed solely by the customer. The client assures with the placement of the order that the contents of the transmitted image files also do not violate criminal laws in other respects.
2. In the event that DMT is engaged from third party because of a violation of the aforementioned rights claim, the Customer discharges DMT on all third-party claims, including claims for damages. The Customer assures to cover all cost connected to violations of the rights of third parties, including all reasonable costs incurred for legal defense. This does not affect any other rights, including claims for damages of DMT.
§ 8 Liability
1. Assert claims for damages against DMT and its agents, regardless of the legal foundation, light and medium grades of negligence, only exist if an essential contractual obligation has been violated. An essential contractual obligation is that a client could rely on their compliance and their compliance with the proper execution of the contract in the first place. In this case, the claims for damages are limited to the amount of the typical market damage. A liability for simple negligence is excluded except in the following cases.
2. This does not affect claims for bodily injury and property damage under the Product Liability Act. Moreover, in the case are of explicit guarantees by DMT and claims not for lack of promised features the aforementioned exclusions and limitations.
§ 9 Amendment of title
DMT reserves the right to change these terms at any time, without giving any reasons. A timely notification to the client about any changes made in the general terms and conditions will be done by DMT. Should the client not respond within six weeks after the notification of the amendment of the terms, the amended terms count as accepted by the client. The objection must be in written form. With the notification of the amendment to the Customer, DMT will point out his rights and the importance of the objection period.
§ 10 Final provisions
1. Changes and additions must be in written form and this also applies for the cancellation of the written form only policy. Verbal agreements are only effective if they are confirmed in written form. This scheme cannot be waived verbally.
2. Due to the possible invalidity of one or more provisions of the validity of the remaining provisions shall not be affected. In the case of the invalidity of individual provisions, the parties agree that another provision occur in another place of the settlement, which comes the intended purpose closest. 3. Thai law applies under exclusion of United Nations Convention on Contracts for the International Sale of Goods. Jurisdiction is, as far as this effect may be agreed upon, the headquarter of DMT, Bangkok, Thailand.