Customer Terms & Conditions
1. Who we are and when these terms apply
Digital Memories is a media digitisation service operating from Baldoyle, Dublin 13, Ireland ("Digital Memories", "we", "us" or "our").
These terms apply when we agree to provide media digitisation or a related service to a consumer. Your quotation or order confirmation, these terms and any written variation agreed between us form the contract. If they conflict, the specific written terms in your order confirmation take priority.
2. Our services
We transfer supported tapes, film, discs, photographs and other media into agreed digital formats. The media, requested service, estimated price, output format and delivery or collection method will be recorded in your quotation or order confirmation.
We may reasonably refuse media we cannot process safely, lawfully or with suitable equipment. We will seek your approval before carrying out chargeable work outside the agreed service.
3. Your authority to submit and copy media
By submitting media, you confirm that you own it or have the owner's authority to submit it, and that you have all permissions reasonably necessary for us to copy and convert its contents for you. You must not knowingly submit material where possession, copying or delivery would be unlawful or would infringe another person's rights.
You authorise us to make the temporary and finished copies reasonably required to fulfil your order. Ownership of the original media and any copyright or other rights in its contents does not transfer to us.
We may ask for evidence of authority, refuse commercially produced third-party material, or pause an order if we reasonably believe that continuing could infringe copyright or another right. You remain responsible for the accuracy of the assurances you give us, but nothing in this section makes you responsible for loss caused by our own failure to exercise reasonable care and skill.
4. Private, sensitive or prohibited content
Customer recordings are treated as private. Transfers may run unattended and we do not undertake to watch or listen to every recording. We may sample or review limited portions where reasonably necessary for capture, troubleshooting, quality control or investigating a problem you report.
You must not knowingly submit child sexual abuse material, non-consensual intimate material, or other material whose possession, reproduction or distribution is unlawful. If content creates a genuine concern of illegality or serious harm, we may immediately stop processing, restrict access, preserve or isolate relevant items, withhold return, and contact An Garda Síochána or another competent authority. We may follow an authority's directions and may be unable to tell you what action has been taken.
5. Condition of original media and inherent risks
Old media may have deteriorated before it reaches us. Mould, shedding, brittle film, failed splices, damaged shells or mechanisms, poor recordings, dropouts and tracking faults can prevent or degrade playback. Playback itself may expose an existing weakness and can sometimes cause further deterioration even when reasonable care is taken.
We will exercise the reasonable care and skill required by Irish consumer law. If media appears unsafe to play, we may stop and contact you. We do not promise that every item can be recovered or that digitisation can recreate information no longer present on the source.
Where you already have another copy or backup, you should retain it. This request does not reduce our legal responsibility for loss or damage caused by our failure to exercise reasonable care and skill.
6. Transfer quality and scope
We aim to reproduce the source as faithfully as reasonably possible using appropriate equipment. The result depends heavily on the source format, condition and original recording quality.
Unless expressly included in the order, digitisation does not include restoration, scene-by-scene editing, colour correction, detailed audio restoration, reconstruction of missing content, identification of people or detailed cataloguing. Minor technical processing reasonably intended to make a transfer usable, such as standard output encoding or overall audio-level adjustment, may form part of the service.
7. Prices and payment
We will provide the price or pricing basis before accepting the order. An estimate may change if the quantity, format, running time or condition differs materially from the information supplied, but we will obtain your agreement before undertaking additional chargeable work. Payment arrangements and any delivery charges will be stated in the quotation or order confirmation.
8. Delivery, checking files and backups
Completed transfers will be supplied using the agreed method, which may include a USB drive or electronic delivery. Please check the files promptly and tell us about any apparent transfer or delivery problem as soon as reasonably possible. Asking you to notify us within seven days helps us investigate while working copies are likely to remain available, but it does not shorten or remove your statutory rights.
We normally retain working and delivery copies for 90 days after completing the order. After that period they may be securely deleted without further notice. Once you have checked the files, you are responsible for keeping suitable backups.
9. Post, couriers and return of originals
If you send originals to us, you are responsible for suitable packaging and for the item until we receive it. Tracked and adequately insured delivery is strongly recommended for irreplaceable media.
Where we arrange return delivery, we will use reasonable care in packaging the media and selecting the service. We remain responsible for obligations that Irish law places on us and will assist with a carrier claim where appropriate. Risk passes to you when the originals are delivered to you or to a person you nominate. If you independently appoint a carrier that we did not offer, risk passes when the originals are handed to that carrier, to the extent permitted by law.
10. Collection and uncollected media
We will tell you when originals are ready and make reasonable efforts to arrange collection or return using the contact details you supplied. You must keep those details current and collect the media or provide return instructions within a reasonable time.
If media remains uncollected, we will make at least five contact attempts. We may charge a reasonable storage fee after 30 days only where the amount has been disclosed to you in advance. We will not dispose of media while a genuine complaint or payment dispute remains unresolved.
If media remains uncollected for 12 months after our first notice that it is ready, we may send a final written notice to your last known email and postal address giving at least 30 further days to collect it. If you still do not respond, you authorise us, so far as the law permits, to arrange confidential and secure destruction of the media. We will keep a record of the notices and disposal. You remain entitled to collect the media at any time before destruction.
11. Cancellation rights
If the contract is concluded entirely online, by email, by telephone or otherwise at a distance, you will generally have 14 days from the date the contract is concluded to cancel without giving a reason. Additional or longer rights can apply to certain off-premises contracts, including some unsolicited visits to a consumer's home. A contract agreed at our business premises does not normally carry a statutory change-of-mind cancellation right.
You can cancel before the applicable period expires by clearly telling us by email at hello@digitalmemories.ie or by phone on 083 300 5077. You do not need to use any particular wording, although email provides a useful written record.
We will not begin work during a statutory cancellation period unless you expressly ask us to do so on a durable medium, such as by email or an unticked checkbox recorded with the order. If you cancel after making that request but before completion, you must pay a proportionate amount for the service supplied up to cancellation. If the service has been fully performed during the cancellation period after your prior express request and acknowledgment that the right will be lost on full performance, the statutory cancellation right ends when performance is complete.
If you cancel, we will arrange return or collection of your originals. You may have to pay the agreed reasonable cost of returning them. Any refund due will be made without undue delay and no later than the period required by law.
12. Problems with the service and statutory remedies
Irish consumer law requires services to conform to the contract and to be supplied with the required skill and care. If our service does not conform, you may have statutory rights to have the problem corrected, to receive an appropriate price reduction, or to terminate the contract in circumstances provided by law. These terms do not restrict those rights.
13. Our responsibility
We are responsible for loss or damage that is a foreseeable result of our breach of contract or failure to exercise reasonable care and skill. We are not responsible for a defect already inherent in the media, deterioration that could not reasonably have been identified or avoided, content that was never present or recoverable, or loss caused by inaccurate information or unsuitable packaging supplied by you.
Nothing in these terms excludes or restricts liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud, or your mandatory rights and remedies under the Consumer Rights Act 2022.
14. Complaints, governing law and contact
Please contact us first if you have a concern so that we can try to resolve it. These terms are governed by Irish law. If you are a consumer habitually resident elsewhere in the EU, you also retain any mandatory protection given by the law of that country. Nothing here prevents either party from using a court or another lawful dispute-resolution process.
Digital MemoriesBaldoyle, Dublin 13, Ireland
Email: hello@digitalmemories.ie
Phone: 083 300 5077