Terms of Service

The purpose of this document is to state the terms of service, which all Evolving Media Services customers are expected and required to agree to and understand. It is an agreement between you, hereafter 'the customer', and Michael Mesa and others working on behalf of him, hereafter Evolving Media Services. Evolving Media Services will make every effort to perform the services requested and agreed upon. All requests for service must be received in writing. Use of the online order pages constitutes written requests for service. The customer agrees that all changes to the requested order will be made via e-mail, or if made by telephone, will be confirmed with an e-mail to sales@evolvingservices.com.

Evolving Media Services will take all reasonable precautions to protect customers' material property. In the unlikely event that the customer's property is damaged, either in transit or in the possession of Evolving Media Services, whether due to negligible action or not, Evolving Media Service's liability will be limited to the cost of services rendered and cost to replace any damaged media with new, blank media. Evolving Media Services is not liable to damage to materials during shipping to or from Evolving Media Services. The customer accepts all liability for any copyright infringement due to the conversion of the customer's materials. Customer will not knowingly submit copyrighted materials without first obtaining the necessary permissions from copyright holders. The customer grants permission for Evolving Media Services to share any materials submitted with law enforcement agencies when said agencies request the materials or when Evolving Media Services believes the materials are evidence of a crime. The customer agrees to hold harmless Evolving Media Services of any liability for damages due to the prosecution and/or conviction of the customer due to contact between Evolving Media Services and law enforcement agencies.

The customer agrees to review finished conversion products within seven days of receipt and contact Evolving Media Services in the event the customer is not satisfied with the product. After seven days, the customer is not entitled to a refund for any reason and the customer waives any right to refund or dispute the transaction with their bank, credit card issuer, or other payment organization. All returns to Evolving Media Services must be received by Evolving Media Services within 30 days of the customers receipt of the original product. Any returns received more than thirty days after the customer's receipt will not be refunded.

In the event the customer does not pay Evolving Media Services, Evolving Media Services will not be responsible for the storage or safety of the customer's submitted materials after thirty days from the day of payment request. The customer agrees the Evolving Media Services will not be responsible for the return of submitted materials when the customer refuses to pay for services rendered. The customer is responsible for all shipping and handling charges and is never entitled to a refund of these charges.

Event Contact Terms and Conditions:
1. Exclusive Videographer. Evolving Media Services shall be the exclusive videographers retained by the client for the purpose of videographing the event. Family and friends of the client shall be permitted to video the wedding as long as they shall not interfere with Evolving Media Services duties and do not get in the way or cause delays.

2. Deposit and Payment. The client shall make a 20% deposit to retain Evolving Media Services to perform the services specified herein. The deposit is nonrefundable. The client shall pay the balance due at least 2 week prior to the wedding date. Failure to do so will void Evolving Media Services obligations to this contract.

3. Cancellation or Changes must be done in writing via email or mail. Voice mails are not acceptable. If the client shall cancel this agreement at any time the client shall be charged the amount of the deposit. If the client shall cancel this agreement within thirty (30) calendar days before the event, the client shall be charged the entire balance due.

4. It is the client’s responsibility to inform Evolving Media Services of any restriction at a ceremony or reception site that may affect Evolving Media Services ability to adequately perform their duties. The client understands that such restrictions may adversely affect the quality of their video, and that Evolving Media Services is not responsible for the consequences of such restriction. Further, the client understands that, while Evolving Media Services will make every effort to capture good sound and good picture, we will not be responsible for circumstances preventing this, such as difficult weather conditions, people walking or standing in front of the camera, poor acoustics or difficult lighting. The client also understands that Evolving Media Services will not be responsible for missing any part of the event if Evolving Media Services has not been given adequate warning of that particular occurrence.

5. Failure to Perform. If Evolving Media Services cannot perform this agreement due to a fire or other casualty, strike, act of God, or other cause beyond its control, or due to videographer’s illness, then Evolving Media Services shall return the money paid by the client, in respect to that specific failure, and shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that videographic materials are damaged in editing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Evolving Media Services. In the event that Evolving Media Services fails to perform for any other reason, Evolving Media Services shall not be liable for any amount in excess of the retail value of the client’s order.

6. Evolving Media Services Price List. The charges in the agreement are based on Evolving Media Services current price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

7. Evolving Media Services will provide the client with a completed video of their event. The client must inform Evolving Media Services within 14 days of receiving their video on any technical or quality problems associated with the video. Evolving Media Services will then, at their discretion and a no charge, attempt to rectify those problems (see 4 above). Any editing changes to the content requested by the client (e.g. changing music, scenes in or out, etc.) will be charged to the client at $75/hr.

8. Post Production. Once the event is recorded, the customer has up to 60 days to bring in all the post production materials necessary to complete the editing process. Example: Baby and/or Honeymoon photos, music selection, cover design selection, etc... Videos take 4-8 weeks from the moment we receive all material required to start your video. If the materials are not received within the allotted time, pending photos will be left out, the music selection and option will be selected by Evolving Media Services and the video will be mailed or turned to customer as is.

9. Copyright and Reproductions. Evolving Media Services shall own the copyright for all footage created and shall have the exclusive right to make reproductions: any unauthorized copying of videos constitutes an infringement of this copyright. Evolving Media Services shall only make copies for the client or for the videographer’s portfolio, samples, or self-promotions. If Evolving Media Services may choose to sell the copyright and footage to the client in regard to their wedding, and will make a reasonable effort to contact the client before disposing of any footage.

10. Client’s Usage. The Client is obtaining videos for personal use only, and shall not sell said videos or authorize any reproductions thereof by parties other than Evolving Media Services.

11. Client’s Originals. If the client is providing original prints, or footage owned by the client to Evolving Media Services for duplication, filming, or any other purpose, in the event of loss or damage Evolving Media Services shall not be liable for any amount in excess of $5 per image.