Liens

1. Films and tapes delivered to this company are accepted upon the express understanding that BonoLabs, LLC holds a lien thereon for the general balance until payment is received in full from the customer. Customer agrees that, in the event said lien is perfected, the purchaser, which may be this company, may exhibit, distribute, and otherwise exploit the subject films an/or tapes and exercise any and all rights of any kind or nature which the customer may have in said films. BonoLabs. reserves the right to subcontract any or all work submitted to other firms without giving prior notice to the customer except under cases of government contracts in which prior notice must be obtained from the contract specialist or representative.

Credit Terms

2. See Accounts Policy. All clients must pay before shipment of completed order. Clients requesting items from the National Archives and estimates  are required to pay 50% at the time their order is placed for orders over $1000 and 50% at the time of shipping. For orders under $1000, full payment is expected at the time of order acceptance. We do not accept checks or money orders. All payments are by credit card. Cancellation fee: For National Archives clients who find it necessary to cancel their orders in mid-stream, after the order has been placed with NARA, a $100 cancellation fee will be assessed to stop the order in addition to the pull fees and any credit card processing fees associated with the order payment and refund of the initial payment. See Accounts policy for additional details.

Prices and Procedures

3. Prices and procedures are subject to change without notice except under cases of government contracts in which prior notice must be obtained from the contract specialist or representative.

For mail order clients who have submitted credit card payment authorization for services and who request a courtesy estimate: the client has 5 days to respond. If no response is received, the estimate will be considered as accepted and work will commence and the credit card will be charged for services rendered.

Sales Tax

4. Maryland sales tax will be charged on all in-state orders unless a Tax Exemption Certificate is supplied.

Warranty

5. The company assumes liability only for the value of the raw stock involved, and in no event shall the company be liable for any consequential damages. In the event of loss, damage or destruction of films, the company will replace the stock at no charge, there being no other warranty of liability. Each film can or film box must be labeled correctly as to contents and processing instructions. We will not be held responsible for any unfortunate mis-processing of film caused by improper or incomplete labeling. See Video Stock Policy and Hard Drive and Shelving Terms.

Archival Footage Transfers

6. Our telecine sharpness parameters are periodically checked with the industry standard Dell Focus Chart by the colorist and engineer. Our colorist strives to obtain the best picture possible from each roll. However, we cannot improve upon footage with condition issues such as: soft focus inherent in the footage itself or printed in scratches. We do the best that we can with the material provided from the archival institution whether National Archives (NARA), National Library of Medicine (NLM), US Holocaust Memorial Museum (USHMM) or other archival institution. Each institution has its own policies regarding what level of material they provide to the vendor. Please make sure that you read and understand their policies before you order material from them. Please note that these institutions are NOT stock footage houses. They do not guarantee that the material provided will be scratch-free or in sharp focus. They do not guarantee that the audio will be crystal clear. Most clients understand that rolls may vary in quality within an order depending on the age, format and gauge of the material. Please remember that much of the archival footage is over 50 years old and may have gone through several generations of duplication.

We cannot request “better looking footage” from any of these institutions. We transfer what we receive. We aim to have happy customers; however, per the National Archives, our policy regarding transfers of material from any of our archival institutions (NARA, NLM, USHMM, etc) confirms the following:

While the National Archives and Records Administration makes every effort to provide the best quality copy, some originals or copies of originals may exhibit physical defects due to fading, deterioration, a history of poor environmental storage conditions, or handling damage. Copies purchased from BonoLabs, therefore, may show the same visual and/or audio defects. All copies of National Archives records are purchased with the understanding that they may not be returned for credit refunds, or exchanges. Per National Archives regulation, once material has been ordered from the National Archives, clients who cancel, will be responsible, at a minimum, for the $17.25 National Archives per item pull fee. In addition, clients will be responsible for paying Bonolabs for any work already performed. At a minimum, clients are responsible for the $100 cancellation fee.

For further documentation on National Archives policies, see their website: http://www.archives.gov

Up-convert/Up-resing disclaimer for digital betacam or analog video source tape

7. This statement is meant to clarify client expectations of our up-converting service from videotape source material. As you might know, you are requesting a 720 x 486 lines, 29.97frames per second digital betacam tape to be up-converted to options including: 1920 x 1080i, 29.97fps, 1080/24p (23.98sf), or 1080/25p or 25i high definition file. (See our upconvert section for all of your options.) If you do the math, there’s a lot of data that has to be created/interpolated. This is a very complex process and if the source material is not pristine, the up-convert file will show significant artifacts from these complex math process(es).

Having stated the obvious the results we’ve seen and delivered vary from excellent to just this side of unusable. Most are in the acceptable range and our clients are very happy. Please be aware that we cannot do what might be called “intermediate shopping” with NARA. If we are given a DBVT (digital betacam video tape) that’s because there is no film intermediate available and we must accept that intermediate. If you see the finished product (up-convert) and are not happy with the results you simply have to live with it. We’ll not engage and challenge NARA on their fair policy and try to create new rules midstream. We highly suggest the client also not contact NARA on our behalf and challenge their policy thus putting us in a very awkward position. In the past this has been done without our knowledge and it’s not a pleasant position to be in. If you agree with this disclaimer you’ll simply need to state that in an email with the following: “I have read and agree with your up-convert disclaimer,” please proceed with the order. We cannot proceed with the up-convert process without your acceptance.

Errors

8. Please check your completed order upon receipt. Please help us help you by confirming the accuracy and completeness of your order whether delivered via FileShare (for downloads) or physically on a hard drive. This is particularly important for National Archives clients. If you believe that you are missing a file or have received incorrect material, Bonolabs must be informed within 14 days. If you do not report your concerns within this window, Bonolabs will consider that your order is complete. If a client requests that your order be “re-visited” after the 14 days, an administration fee of at least $25 will be charged to research your issues. Should a file, print or duplicate be found defective, or labeled or shipped in error, the company will provide the corrected material as soon as feasible, depending on current workload. Summary: written notice of concerns must be received by the company within fourteen days (14) after its arrival at destination. Please note condition #6 above.

Storage

9. BonoLabs will no longer store customer material; therefore, all material either processed or transferred at the Bono facility will be shipped back to the client upon completion and acceptance of the order. In this regard, the 14-day return policy shall be applied as follows:

In the cases where no approval has been received despite Bono notification and documentation of customer receipt, it shall be assumed that the client material has been accepted by the client and that no further claims can be made upon the company. Any remaining client source material shall be returned promptly after the 14-day period.

Shipping

10. We will ship by the courier of our selection unless the client provides a shipper number with a major  carrier. Our default shipper is the US Postal Service. We will  ship on client shipper numbers for a charge of $2.95. We accept: FedEx, UPS, DHL client numbers. A packing/handling fee is charged for each package. International clients pay a $15 handling fee. Please see shipping policy for details and additional terms and advice.

Responsibilities

11. BonoLabs will make every effort to expedite orders; however we cannot guarantee same day turnaround and will, therefore, accept no responsibility for additional costs incurred by the customer due to the delay in shipment of a customer’s work. It is the customer’s responsibility to build into their schedule sufficient time for processing and other post production activities. Orders cancelled by the customer for any reason are subject to an administration fee of $25 in addition to any packing/handling and shipping charges.

Customer Liability

12. Customer hereby assumes as far as this company, BonoLabs, LLC is concerned, all liability under copyright laws and under any and all other statutes, arising out of the performance of the company of any services for the account of the customer, and agrees to indemnify and hold this company free and blameless from all suits, claims, damages and other liability and expense which may arise either directly or indirectly out of or by reason of services performed by this company for the customer.