We strive to make our terms clear and understandable. These terms govern any orders placed through our website:
This agreement is made between the Client, as defined per information submitted through the order form,
– Referred to after this as the Client,
and
Aroma Film Services Co. Ltd.
990 Abdulrahim Place, No. 3101, Rama IV Road, Silom, Bang Rak, Bangkok 10500
Tax ID 0105562006544
– Referred to after this as Aroma.
1. Subject
1.1 The Client commissions Aroma with the color grading of the videos submitted through the order form, on the following conditions, and the “General Production and Delivery Conditions” of Austria’s audiovision and film industry trade association.
– Referred to after this as the Color Grading.
1.2 Color Grading can only be commenced if the information supplied in the order form allows it, especially the functionality of any download links, as well as the technical correctness of any supplied materials.
1.3 Color grading shall be done in a quality as selected in the order form, and as described in the appropriate section on the order website.
1.4 Delivery shall be made within the timeframe selected in the order form, and as described in the appropriate section on the order website. A delay in 1.2 will also lead to delays in execution of Color Grading.
1.5 The Client acts as a business to business customer and knowingly accepts any legal implications this may have, in particular that consumer protection laws do not apply to this contract.
2. Remuneration
2.1 All listed prices are exclusive of VAT and WHT.
2.2 The Client shall pay according to the number of clips color graded by Aroma. Costs per clip depend on the quality specified through the order form, and are as described in the appropriate section on the order website.
2.3 IMPORTANT: The down-payment is estimated from the duration of the materials to be color graded. The final price depends on the actual number of clips that were submitted by the Client and color graded by Aroma.
2.4 The following payment terms apply:
2.4.1 One down-payment at the time of placing the order.
2.2.2 One rest-payment at the time of delivering color graded files, or at the most, 10 working days within delivery, or by automatic deduction from an authorized payment method.
3. Liability
3.1 Aroma commits to creating a technically impeccable product, based on the supplied materials.
3.2 If any circumstance occurs during Color Grading that renders its contractual creation impossible then Aroma is answerable only if it has acted wilfully or been grossly negligent. The same applies in the case of the Color Grading not being created in good time. The impossibility of creating the Color Grading or of not finishing it in good time for which neither Aroma nor the Client has to answer shall only give the Client the right to withdraw from the contract. The services provided up to that point shall, however, be charged. Aroma is not, under any circumstances, liable for lost profit.
3.3 Aroma must remedy defects that it acknowledges. If it is impossible to undertake such corrections without the co-operation of the Client then Aroma may, after fruitless expiry of a period of grace of two weeks, consider the contract to have been fulfilled. Aroma has the right to refuse to remedy defects until the payments due up to the time of the correction have been made.
4. Withdrawal from the contract by the Client
4.1 If the Client withdraws his order prior to the completion of Color Grading through no fault on the part of Aroma then the latter has the right to keep any down payments already made.
4.2 The client waives any right to withdraw once work on Color Grading has started. To deliver as quickly as possible, Aroma may start work immediately upon receiving an order. Color Grading is a personalized service and thus cannot be refunded once it has commenced.
5. Other provisions
5.1 Aroma has the right to present or to have presented the cinematographic work at film competitions and festivals and to use it for its own publicity. Aroma also has the right, for the purposes of its own advertising, to use an excerpt from the film in its own promotional material, especially on this homepage or for educational purposes.
5.2 Amendments to this contract must be confirmed in writing.
5.3 The headquarters of Aroma is the place of fulfilment.
5.4 The competent court for Aroma’s headquarters is agreed as the jurisdiction for the eventuality of legal disputes.
5.5 The contracting parties agree herewith on written form for their business relationship; E-Mail shall be equivalent to written form. There are no oral ancillary agreements. Amendments and supplements to the contract must also, absolutely, be in writing.
5.6 Should any provision of the contract turn out to be invalid then the contracting parties shall endeavour to replace the contract provision that has become invalid with whatever provision comes closest in commercial terms to their intentions at the time of entering into the contract. All other contract provisions shall not be affected by the invalidity of the individual provisions and the contract shall therefore remain in force in its other legally enforceable parts.
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