The agreement that governs the archiving, digitisation, cataloguing, recording and publishing services provided by DELGADO HERITAGE LLC.
Back to HomeThese Terms of Service form the agreement between you and DELGADO HERITAGE LLC for the use of our website and for the family heritage archiving, digitisation, cataloguing, recording and publishing services we provide. Please read them carefully before you engage us. By contacting the studio, submitting an intake enquiry or instructing us to begin work, you confirm that you accept these terms on behalf of yourself and, where relevant, the family or estate you represent.
Our studio is located at DELGADO HERITAGE LLC, 186 W 1875 N, North Ogden - 84414-7263, United States (US). You can reach us at family@delgadoheritage.lol or on +17159418012. These terms should be read together with our Privacy Policy, which explains how we handle personal and family information. Where a signed project agreement exists between you and the studio, that agreement prevails over these terms to the extent of any conflict.
In these terms, the words below carry the following meanings. The Company, we, us and our refer to DELGADO HERITAGE LLC. Client, you and your refer to the person or entity engaging the Company, whether a family member, an executor, an attorney, a society or another representative. Material means the photographs, documents, objects, recordings and other items provided to the Company. Deliverables means the charts, catalogues, files, transcripts, recordings and printed volumes the Company produces.
A Project Agreement means a written statement of scope, estimate and schedule agreed between the parties. Working Days means days other than Saturdays, Sundays and public holidays observed in the State of Utah. A Family Register means the structured index the Company maintains to describe and link the records in a collection.
The Company provides six archive services, each described on the services page of this website. These are Family Tree Research, Photograph and Letter Digitisation, Heirloom Preservation Cataloguing, Oral History Recording, Estate Document Archiving and Heritage Book Publishing. Additional or specialist work may be agreed in writing and will be treated as part of the Project Agreement.
The Company performs its services with the care, skill and judgement expected of a professional archive practice. We follow recognised conservation and digitisation methods, we describe records honestly and we cite the sources we rely on. We do not guarantee a particular genealogical result, because historical records are sometimes incomplete, contradictory or closed to public access.
You must be at least eighteen years of age and legally capable of entering into a binding agreement to engage the Company. If you act for a family, an estate, a trust or an organisation, you confirm that you have the authority to provide the Material to us and to give the instructions you give.
Where Material concerns living individuals other than yourself, you confirm that you have a lawful basis to share it with the Company, including any consent required from those individuals. The Company may ask for written confirmation of authority and may decline a project if that confirmation cannot be provided.
Every project begins with an intake conversation in which we inventory the collection, discuss priorities and agree a scope. We then provide a written estimate stating what will be done, the estimated timeline and the expected fee. An estimate is valid for thirty days unless stated otherwise.
Work begins only after you approve the estimate in writing. If the collection turns out to be larger, more fragile or more complex than described, we will pause and ask for your written approval before incurring additional fees. We do not perform unapproved work and then bill for it.
You agree to provide Material in a condition and manner that allows safe handling, to describe the collection as accurately as you can and to respond to questions within a reasonable time. Delays in providing Material or instructions may extend the schedule, and the Company is not responsible for a delay caused by the Client.
You also agree to tell us about any hazard associated with the Material, including mould, pest damage, hazardous substances or items that are legally restricted. Where Material is shipped to the studio, you are responsible for packing and for insuring the shipment in transit unless we have agreed otherwise in writing.
Fees are set out in the Project Agreement and are based on the agreed scope, the volume of Material and the complexity of the work. Unless stated otherwise, a deposit of part of the estimated fee is due before work begins, with the balance due on delivery. Invoices are payable within fourteen days of the invoice date.
Where payment is overdue, the Company may pause work and may retain Deliverables until the account is settled, without releasing or altering any original Material. Fees for completed work remain payable even if the Client later decides not to use a Deliverable. Taxes, shipping and third party disbursements are charged in addition where applicable.
The Company schedules a limited number of projects each quarter so that every collection receives proper attention. Estimated turnaround times are given in good faith and depend on the volume of Material, the condition of items, the pace of transcription and the availability of external records.
Where a project requires interviews, we schedule them at times convenient to the speaker and allow additional sessions when a speaker tires. Any material change to the schedule will be communicated promptly, along with a revised estimate of completion.
Original Material remains the property of the Client at all times. The Company holds originals as a custodian, not as an owner. Unless the Project Agreement states otherwise, originals are returned to the Client upon completion of each stage, in the same condition in which they were received, subject to reasonable wear from careful handling.
The Company takes great care with fragile items but cannot guarantee that an item will not deteriorate during handling where its condition is already unstable. Where conservation treatment is needed, we will describe the options and the risks and obtain your written approval before any treatment begins.
Copyright and related rights in the original Material remain with the Client or with the owners of those rights. The Company claims no ownership over a family photographs, letters, recordings or documents. The Company does, however, own the copyright in its own descriptive text, catalogue structure, lineage layout, design work and published book design, unless the Project Agreement transfers those rights in writing.
The Client grants the Company a limited licence to copy, store, describe and reformat the Material solely to perform the services. This licence ends when the project is complete and our working copies are removed or returned, except where the Client has asked us to hold a custodian edition. Where the Client wishes to reproduce a Companys design or catalogue structure for another provider, written permission is required.
Deliverables are provided in the formats described in the Project Agreement. The Company will present Deliverables for review and will correct a factual error or a technical fault reported within thirty days of delivery at no additional cost. Corrections that arise from new information supplied after delivery, or from a change of scope, may be treated as additional work.
Once Deliverables are accepted, the Client is responsible for their safe storage and backup. The Company recommends keeping more than one copy of digital files and storing printed volumes away from damp, direct light and pests.
Oral history recording depends on the informed consent of each speaker. Before recording, the Company explains how the recording will be used and asks the speaker to sign a release setting out what may be shared with the family, what may be shared publicly and what should remain sealed for a defined period. A speaker may withdraw consent for future use at any time by contacting the Company in writing.
The Client is responsible for ensuring that speakers understand the release and for obtaining consent from a parent or guardian where a speaker is a minor. The Company will not publish, broadcast or reuse an oral history recording without the permission recorded in the release.
The Company treats all Material and all information about a Client and the Client family as confidential. Access is limited to the record keepers assigned to the project and to any specialist needed for conservation, transcription or printing, each of whom is bound by confidentiality obligations.
The Company will not disclose a Client identity, a collection, a family story or a recording to any third party without written permission, except where disclosure is legally required. Where a disclosure is legally required, the Company will notify the Client unless prohibited by law. These confidentiality obligations survive the completion or termination of the project.
The Company handles personal information in accordance with its Privacy Policy, which forms part of these terms. The Privacy Policy explains what we collect, why we collect it, how long we keep it and how a person may exercise their rights over it.
Where the Client provides personal information about other living individuals, the Client confirms that it has a lawful basis to do so. The Company will assist a Client who receives a privacy request concerning a collection, and may need to coordinate with the Client before responding.
Some projects involve records held by archives, libraries, churches or commercial databases. The Company may obtain copies or licences on the Client behalf where permitted, and any third party fee is charged in addition to our own fees. The Client is responsible for respecting the terms imposed by those third parties.
Where Material contains a work owned by a third party, the Client confirms that it has the right to have that work digitised or reproduced. The Company is not liable for a claim arising from the Client lack of rights in third party material.
You may use this website for lawful purposes only. You agree not to attempt to gain unauthorised access to the site or its systems, not to interfere with its operation, not to scrape its content for commercial use and not to submit false, abusive or unlawful material through any form on the site.
The content of this website is provided for general information. It does not constitute legal, financial or genealogical advice for a particular situation, and it does not create a professional relationship until a Project Agreement is agreed.
The Company is not an insurer and does not provide valuations for the purpose of sale, taxation or estate division. Where a Client needs an insurance or probate valuation, we will refer the matter to a qualified appraiser. The Client is responsible for insuring its own Material against loss, damage or theft, both in transit and while at the studio, unless the Project Agreement states otherwise.
Where the Company has agreed in writing to arrange transit insurance, the cover will be described in that agreement and will be subject to the terms of the insurer.
To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special or consequential losses, including lost genealogy opportunities, lost profits or loss of goodwill. The Company total liability arising from a project is limited to the total fees paid by the Client for that project, or to the replacement cost of the affected item where the law requires a different measure.
Nothing in these terms excludes or limits liability for fraud, for wilful misconduct or for any liability that cannot lawfully be excluded. The Company is not liable for a loss caused by the Client, by a third party or by an event beyond our reasonable control.
You agree to indemnify and hold harmless the Company, its members and its staff against claims, losses and reasonable costs arising from your breach of these terms, from your lack of authority to provide Material or from a violation of a third party right in the Material you supply.
This indemnity does not apply where the claim arises from the Company own negligence or wilful misconduct. The Company will notify you promptly of any claim and will cooperate reasonably in its defence.
Either party may end a project by written notice. If you cancel, you remain responsible for fees for work already performed and for third party costs already committed. The Company will return all original Material to you as soon as reasonably possible after settling the account, and will remove working copies in line with the Privacy Policy.
The Company may suspend or terminate a project if a Client provides unlawful Material, fails to pay, or acts in a way that endangers staff or the collection. In that case, the Company will explain the reason and will return original Material once outstanding fees are resolved, subject to any legal hold.
If a disagreement arises, we ask that both parties first try to resolve it through a direct conversation in good faith. If that fails, the parties agree to attempt mediation before commencing legal proceedings, unless urgent relief is needed.
These terms are governed by the laws of the State of Utah and the United States, without regard to conflict of law rules. The courts of the State of Utah have jurisdiction over any dispute that is not resolved by discussion or mediation. Nothing in this clause prevents a consumer from bringing a matter before a competent authority in their place of residence where the law allows.
The Company may update these terms from time to time to reflect changes in the services or the law. The version published on this website is the version that applies to new engagements, and the effective date appears at the foot of this page. Where a change is material and affects an active project, the Company will notify the Client directly.
A change does not retroactively alter the terms of a completed Project Agreement unless both parties agree in writing.
If you have a question about these terms, a concern about a project or a request relating to the agreement, please contact DELGADO HERITAGE LLC directly. We prefer to resolve a question early and plainly.
Write to family@delgadoheritage.lol, call +17159418012, or send post to DELGADO HERITAGE LLC, 186 W 1875 N, North Ogden - 84414-7263, United States (US). Please read our Privacy Policy alongside these terms, as it forms part of our agreement with you.