Customer Agreement

 

Last updated on July 2, 2025.

 

1. SERVICES

The Digitizing Diva LLC ("The Digitizing Diva", "We" or "Our") will provide our services of digitizing document, photographic, or video content provided by you ("Content"), and any other offered services you may request ("Services"), and deliver the digital images, video files, digital document files, and/or any other final products of the Services ("Deliverables"). If we determine that we cannot perform some or all of the the Services for any reason, including due to the condition of your Content, we will notify you and Services Fees (as defined below) may be adjusted accordingly. We will endeavor to complete the Deliverables by the agreed target date, but we do not guarantee that the target delivery date will be met.

​

2. YOUR CONTENT

You acknowledge and agree that all Content submitted by you to The Digitizing Diva and/or created for you by the The Digitizing Diva are your sole responsibility. By submitting Content to The Digitizing Diva, you represent and warrant to The Digitizing Diva that you either own the Content or have the written permission from the copyright owner to make such Content available to The Digitizing Diva to perform the Services and its obligations under these terms. Solely that we may provide the Services and the Deliverables, you hereby grant to us a limited, non-exclusive, royalty-free license to copy and make derivative works of your Content. You retain all rights, including copyright, in your Content. You agree to indemnify, and hold The Digitizing Diva and its officers, directors, employees, affiliates, agents, licensors and business partners harmless, from and against any and all costs, damages, liabilities and expenses (including all attorneys’ fees and costs of defense) The Digitizing Diva or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.

The Digitizing Diva will not digitize Content that contains nudity, any Content depicting or describing illegal acts, or copyrighted content (Prohibited Content). The Digitizing Diva has the sole discretion to determine whether Content is Prohibited Content.

​

3. EXPRESS SERVICE

The Digitizing Diva offers an express service (the “Express Service”) whereby if you elect to purchase the Express Service, The Digitizing Diva will use its best efforts to have your Deliverables available for your online review and digital download no more than five (5) Business Days after receiving your Content. "Business Days" mean Monday through Friday excluding federal, state and local holidays.

THE DIGITIZING DIVA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO ITS EXPRESS SERVICE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT YOUR CONTENT IS NOT AVAILABLE FOR ONLINE REVIEW AND DIGITAL DOWNLOAD ON THE DATE INDICATED ON YOUR ORDER CONFIRMATION, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REFUND OF THE PRICE CHARGED TO YOU FOR THE EXPRESS SERVICE. ANY SUCH REFUND IS EXPRESSLY LIMITED TO THE PRICE OF THE EXPRESS SERVICE COMPONENT OF YOUR ORDER AND WILL NOT EXTEND TO ANY OTHER PART OF YOUR ORDER.

​

4. SERVICE FEES

You agree to pay in full, the prices ("Service Fees") quoted for your order and any amounts incurred can change for reasons including, but not limited to, Content type and/or size is different than estimated or restoration work is more/less complex than estimated. You will be notified of any significant Service Fee increase. If you do not agree to the increased Service Fees, you may terminate this Agreement and we will return your Content. If the work performed is lower than the original quote, you will only be charged for the services provided. The Digitizing Diva charges a minimum fee of $100 (Minimum Fee). If your Service Fees do not total at least $100 you will be invoiced for the Minimum Fee. Any consultation fees or downpayment will be applied toward the final total of Service Fees and will be listed as such on the final invoice. Scans will be viewable, but not downloadable, upon completion of the project until Service Fees are paid in full. All Service Fees are subject to change.

​

5. REFUND/CANCELLATION/REPROCESSING POLICY

Consultation fees and deposits are non-refundable. The Digitizing Diva does not offer refunds. If you are unhappy with your final product please contact The Digitizing Diva at 317.533.1925 or email support@thedigitizingdiva.com. For orders that have been completed for less than thirty (30) days, we would be happy to evaluate your order and discuss if reprocessing the order might improve the end result. If it is deemed that your end product can be improved, we’ll reprocess your order free of charge.

​

6. SHIPPING (if applicable)

THE DIGITIZING DIVA IS NOT LIABLE FOR THE CONTENT, OR ANY OTHER MATERIALS, WHILE IN TRANSIT THROUGH OR IN POSSESSION OF ANY THIRD PARTY CARRIER, INCLUDING, BUT NOT LIMITED TO, THE UNITED STATES POSTAL SERVICE, UNITED PARCEL SERVICE OR FEDERAL EXPRESS. YOU AGREE TO ACCEPT COMPLETE LIABILITY FOR ANY CONTENT, OR ANY OTHER MATERIALS, SHOULD THEY BE MISDIRECTED, LOST, STOLEN, OR DAMAGED WHILE IN THE POSSESSION OF, IN TRANSIT THROUGH OR OTHERWISE UNDER THE CONTROL OF ANY THIRD PARTY CARRIER. ALL ITEMS PURCHASED THROUGH THE DIGITIZING DIVA OR THE SERVICE ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO YOUR SELECTED CARRIER. DUE TO THE NATURE OF THE CONTENT, NO INSURANCE IS AVAILABLE THROUGH THE DIGITIZING DIVA FOR THE SHIPPING OR THE HANDLING OF YOUR ORDER, AND THE DIGITIZING DIVA OFFERS NO WARRANTY OR GUARANTEE AGAINST DAMAGE OR LOSS WHILE YOUR ORDER IS IN TRANSIT THROUGH OR IN POSSESSION OF ANY THIRD PARTY CARRIER.

​

7. LIMITED REMEDY FOR LOSS OF  CONTENT

THE DIGITIZING DIVA ONLY ASSUMES THE RISK OF LOSS OF YOUR ENTIRE ORDER FROM THE TIME THAT THE DIGITIZING DIVA ACTUALLY RECEIVES YOUR ENTIRE ORDER UNTIL THE TIME THAT THE DIGITIZING DIVA DELIVERS YOUR ORDER TO A THIRD PARTY CARRIER FOR TRANSPORT. PROVIDED, HOWEVER, THE DIGITIZING DIVA DOES NOT ASSUME SUCH RISK OF LOSS FOR YOUR ENTIRE ORDER, IF, AFTER RECEIVING YOUR ORDER FROM ANY THIRD PARTY CARRIER, THE DIGITIZING DIVA DISCOVERS THAT ANY OR ALL OF THE CONTENTS OF YOUR ORDER IS DAMAGED OR LOST. IF THE DIGITIZING DIVA LOSES YOUR ENTIRE ORDER DURING THE LIMITED PERIOD THAT YOUR ORDER IS UNDER THE DIGITIZING DIVA’S SOLE CUSTODY AND CONTROL, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND COMPLETE REMEDY FOR ANY SUCH LOSS IS THE DIGITIZING DIVA’S PAYMENT TO YOU IN THE AMOUNT OF UP TO ONE THOUSAND DOLLARS ($1,000) (THE “SAFE HANDLING GUARANTEE”). YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SAFE HANDLING GUARANTEE IS A REASONABLE APPROXIMATION OF THE DAMAGES THAT WOULD BE SUFFERED BY YOU FROM THE LOSS OF YOUR ENTIRE ORDER AND IS NOT A PENALTY. YOU BEAR ALL RESPONSIBILITY OF LOSS OR DAMAGE OF YOUR ORIGINAL CONTENT WHILE THE ORIGINAL CONTENT IS NOT UNDER THE DIGITIZING DIVA’S SOLE CUSTODY AND CONTROL.

​

8. LIMITED WARRANTY

We make no warranty or guarantee with respect to the quality of the Deliverables. You acknowledge that because of the quality loss that often occurs during the digitization process, the quality of the Deliverables may not be as good as the materials you provide to us. Notwithstanding the foregoing, if you have any concerns regarding the Deliverables that do not relate to quality loss and you communicate your concerns to us within thirty (30) days of receiving the Deliverables, we will use commercially reasonable efforts to resolve the matter. WE DISCLAIM ALL RESPONSIBILITY FOR, AND THIS LIMITED WARRANTY DOES NOT APPLY TO, ANY ISSUES COMMUNICATED TO US FOLLOWING THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD.

​

9. LIMIT OF LIABILITY

EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR THE SAFE HANDLING GUARANTEE, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. WE DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. WE MAKE NO WARRANTY THAT THE QUALITY OF THE SERVICES OR DELIVERABLES, WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, DELIVERY ERROR, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. IN NO EVENT WILL WE BE LIABLE FOR THE ACTIONS OF ANY THIRD PARTY WHOM WE ENGAGE AT YOUR REQUEST TO PROVIDE ADDITIONAL SERVICES.