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GENERAL TERMS OF USE
1. Identification of the Service Provider
This website,
operating under the trade name [AUTHORWAVE], accessible at [authorwave.com], is owned
and operated by [AUTHORWAVE P.C.], having its registered seat at
[190 Imittou Str., 11636 Athens], Greece, with Tax Identification Number (VAT No.)
[997943720], Tax Office (D.O.Y.) [KEFODE], General Commercial Registry (G.E.MI.) Number
[122783501000], telephone [+30 210 756 1050], and email address
[info@authorwave.com] (hereinafter the “Service Provider” or “we”).
2. Scope of Services
The Service Provider furnishes, via this website, a digital conversion service whereby video files uploaded by the
customer are converted into DCP (Digital Cinema Package) format, in accordance with the technical
specifications (resolution, frame rate, aspect ratio, color space, audio format, encryption/KDM, etc.) selected or
specified by the customer at the time of ordering. The resulting deliverable (the DCP package) is produced exclusively
from the file submitted by the customer and is bespoke thereto; it does not constitute a standardized product available
for resale or reuse by any other person. Use of the website or the placement of an order constitutes unqualified
acceptance of these Terms of Use.
3. Order Procedure
3.1. The customer uploads the video file
(via direct upload or link) and selects the technical specifications for the DCP. 3.2. The order is confirmed by email
from the Service Provider, stating the service ordered, the price, and the estimated delivery time. 3.3. Processing shall
commence following completion of payment, unless otherwise agreed in writing. 3.4. The customer bears sole responsibility
for the accuracy of the technical specifications provided. Any re-processing rendered necessary by inaccurate information
supplied by the customer may be subject to additional charges, which shall be disclosed to the customer prior to
performance.
4. Representation and Warranty of Intellectual Property Rights in the Submitted File
4.1. The customer represents and warrants that it is the rightful holder of, or is duly authorized to exploit, all
copyright and related rights subsisting in the video file uploaded, and that its conversion into DCP format does not
infringe the rights of any third party (Law 2121/1993 on Copyright, Related Rights and Cultural Matters). 4.2. The Service
Provider acts exclusively as a technical format-conversion processor and neither acquires nor asserts any claim to the
underlying content of the video file. 4.3. The customer shall fully indemnify and hold harmless the Service Provider
against any claim asserted by a third party arising from infringement of intellectual property rights in the content
submitted.
5. Pricing and Payment
Prices are quoted in Euros (€) and are inclusive of VAT,
unless stated otherwise, and are determined by reference to the duration/resolution of the video and the DCP
specifications selected. Payment shall be effected by [credit/debit cards] prior to, or upon,
commencement of processing.
6. Delivery
The completed DCP shall be delivered electronically
(via download link, cloud storage, or, where separately agreed, on physical media/CRU) within the timeframe stated in the
order confirmation. Delivery times are estimates only and may be affected by the volume or quality of the source file.
7. Right of Withdrawal
See the “Cancellation Policy” set forth below, which constitutes an integral part of these
Terms of Use.
8. Quality of Performance – Technical Liability
8.1. The Service Provider shall
be liable for the technically correct conversion of the file in accordance with the specifications furnished and
applicable DCP industry standards (DCI/SMPTE or Interop, as applicable). 8.2. The Service Provider does not warrant
compatibility of the delivered DCP with any particular cinema server or projection system, such compatibility being
dependent, inter alia, on the equipment of the third-party exhibitor. A quality-control (QC) test screening prior to any
official exhibition is recommended; where offered, such QC testing shall be invoiced separately. 8.3. Where a technical
defect is demonstrably attributable to the Service Provider, the Service Provider shall provide, free of charge,
correction or re-issuance of the DCP.
9. File Retention and Deletion
Uploaded video files are
retained on a temporary basis solely for the purpose of fulfilling the order and shall be deleted within
[30 days] following delivery, unless the customer requests otherwise. Further particulars are set
out in the [Privacy Policy].
10. Intellectual Property in the Website
All
content appearing on the website (text, logos, trademarks, software) constitutes the intellectual property of the Service
Provider or of authorized third parties and is protected under Law 2121/1993. Reproduction, distribution, or further
exploitation without prior written consent is prohibited.
11. Limitation of Liability
The
Service Provider shall not be liable for indirect or consequential damages (including, without limitation, cancellation of
a screening or loss of profit) arising from equipment incompatibility on the part of third parties or from inaccurate
specifications furnished by the customer, without prejudice to any mandatory statutory rights afforded to consumers.
12. Personal Data Protection
The processing of personal data (including video files) is governed by Regulation (EU) 2016/679 (GDPR) and Law
4624/2019. See the [Privacy Policy] for further details.
13. Cookies
This
website uses cookies in accordance with the [Cookie Policy].
14. Out-of-Court Dispute Resolution
The consumer is entitled to submit a complaint via the European Commission’s Online Dispute Resolution (“ODR”)
platform: https://ec.europa.eu/consumers/odr, and may further avail itself of the Greek Consumer
Ombudsman (Synigoros tou Katanaloti) or any other competent Alternative Dispute Resolution (“ADR”) entity.
15. Governing Law – Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Hellenic Republic. The courts of
[Athens] shall have jurisdiction over any dispute arising hereunder, without prejudice to any
mandatory provisions conferring jurisdiction in favor of the consumer.
16. Amendment of Terms
The Service Provider reserves the right to amend these Terms of Use, such amendments to take effect upon
publication on the website.
A. Nature of the Service and the Right of Withdrawal
The video-to-DCP conversion service is
bespoke: the deliverable is produced exclusively on the basis of the specific file and specifications
furnished by the customer and cannot be reused or resold to any other customer. This characteristic bears directly upon
the availability of the statutory right of withdrawal, as set forth below.
B. Cancellation Prior to Commencement of Processing
The customer may cancel the order free of charge, provided that processing of the customer’s file
has not yet commenced, by contacting [info@authorwave.com]. In such event, the full
amount paid shall be refunded.
C. Fourteen-Day Right of Withdrawal – Special Regime for Bespoke Digital Services
C.1 As a general rule, the consumer is entitled to withdraw from the contract, without
stating any reason, within fourteen (14) calendar days from the conclusion of the contract (Article 3e, Law 2251/1994).
C.2 Loss of the Right of Withdrawal upon Commencement of Performance with Consent Given that processing typically commences immediately upon receipt of payment and is frequently completed prior to
expiry of the fourteen-day period, the customer shall be required, at the time of order completion, to provide
express, documented consent (e.g., by means of a dedicated confirmation field), worded substantially
as follows:
“I expressly request that processing of my file commence immediately, and I acknowledge that, upon full
performance of the service, I will lose my right of withdrawal.”
Absent such express consent, the Service Provider
shall not commence processing prior to expiry of the withdrawal period.
Where processing is
completed in full on the strength of the foregoing consent, the customer
forfeits the right of withdrawal (Article 3ia(a), Law 2251/1994), the DCP being a bespoke
deliverable incapable of “return” or reuse.
Where the customer withdraws prior to completion of
processing, the customer shall be liable to pay an amount proportionate to the stage of performance completed as of the
date on which notice of withdrawal is given, calculated by reference to the total contract price.
C.3 Alternative Arrangement – Deferred Commencement A customer wishing to preserve the full fourteen-day right of withdrawal may request that processing commence only
after expiry of the withdrawal period, by so notifying the Service Provider.
C.4 Reimbursement Any amount due to be reimbursed shall be refunded without undue delay and, in any event, no later than fourteen
(14) days from the date on which notice of withdrawal is received, using the same means of payment as employed for the
original transaction.
D. Defective Performance
Where the delivered DCP exhibits a technical
defect demonstrably attributable to the Service Provider (e.g., encoding inconsistent with the agreed specifications), the
customer shall be entitled to free-of-charge correction or re-issuance within a reasonable period or, where this is not
feasible, to a price reduction or reimbursement, in accordance with the applicable provisions of the Greek Civil Code and
Law 2251/1994. This provision shall not extend to defects attributable to inaccurate specifications furnished by the
customer or to incompatibility with third-party equipment.
E. Procedure
Contact
[info@authorwave.com], quoting the relevant order reference.
Acknowledgment of receipt of the
request and verification of the processing stage reached.
Calculation of any amount due in proportion to work
performed (see Section C.2).
Completion of reimbursement within fourteen (14) days.