2. Conditions
These Conditions and the terms provided in the Quote are the only terms or conditions on which the Company gives initial quotations, accepts orders or supplies the Services and subject to the provisions of Clause 14 override any other representations terms and conditions stipulated referred to or implied by the Customer or the Company its servants or agents whether in any order or in any document or in any negotiation or discussion.

3. Contract
A contract shall exist between the parties upon and only upon receipt by the Company of confirmation from the Customer of acceptance of the Quote and these Conditions (the “Contract”).

4. Charges and Price List
The charges detailed in the Quote shall be valid for 30 days. Otherwise the charges applicable are those appearing in the price list published on the Company’s website at the time of acceptance of the Quote.

5. Payment
Payment for the Services shall be due within 28 days of the date of invoice ("the Due Date"). The Company reserves the right to charge interest on payments outstanding after the Due Date at the rate of 1 per cent per month calculated on the balance (including interest) due from the Due Date down to receipt by the Company of payment such interest compounding and being added to the outstanding balance due at weekly intervals. The Company reserves the right to require payment in part or in full in advance of the date of performance of the Services.

6. Performance
Any expectations of quality or periods quoted by the Company for performance of the Services are estimates only and the Company shall not be liable for failure to meet such estimates or for any costs charges or expenses incurred as a consequence of such failure and accordingly the Customer shall not be entitled to refuse to pay for the Services merely because of such failure.

7. Risk and Liability
Risk in the content of the Customer's films tapes or other supplied material (the “Customer’s Material”) will at all times remain with the Customer. The Company cannot insure against loss of or damage to the Customer's Material. Furthermore, the Customer acknowledges having read and understood the Company’s guidance on media longevity and care published on the Company’s website at the time of acceptance of the Quote and the Customer waives the right to claim for any loss or damage incurred as a result of any future defect in any media supplied by the Company (the “Media”). Subject to Clause 8 liability in respect of such loss or damage, even as a result of negligence on the part of the Company its servants, agents or sub-contractors, is hereby excluded.

8. Limitation of Liability
In the event of any loss or damage to the Customer’s Material or the Media, provided that the Customer has notified the Company of a claim in writing within 3 months from the date the Quote was accepted, the Company’s liability shall not exceed the higher of the replacement cost of the media supplied by any party or the cost of the Services quoted.

9. Intellectual Property
The Customer shall indemnify and keep indemnified the Company against all actions claims demands cost charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any Copyrights or other intellectual property rights or any defamation arising out of the processing or reproduction of the Customer's Material by the Company.

10. Force Majeure
The Company shall not be liable in any way for any loss or damage arising directly or indirectly, through or in consequence of performance of the Services being prevented or delayed by happening or occurrences due to or by reason of any matters or things beyond the control of the Company.

11. Customer's Undertakings
The Customer shall at all times indemnify the Company in respect of all loss or damage suffered by any person firm or company and against all actions claims demands costs charges or expenses in connection therewith for which the Company may become liable in connection with the performance of the Services.

12. General Lien
The Company shall have a general lien over any of the goods or chattels of the Customer in the Company's possession for any moneys whatsoever due from the Customer to the Company. If any lien is not satisfied within 28 days of such moneys becoming due the Company may in it's absolute discretion either store at the Customer’s expense and/or sell or make use of such goods or chattels as agents for the Customer and apply the proceeds towards the moneys due and the expenses of the storage and/or sale, and shall upon accounting to the Customer for the balance (if any remaining) be discharged from all liability in respect of such goods or chattels.

13. Assignment
The Contract is personal to the Customer who shall not assign or charge the benefit thereof without the Company's express written consent.

14. Variation
No variation of the Contract shall be effective unless made in writing signed by or on behalf of the parties.

15. Notices
Notices shall be made in writing and posted in a first-class pre-paid envelope to the Customer's or Company's address at which the one party reasonable believes the other to be carrying on business. A notice shall be deemed to have been given forty eight hours after posting (or ninety-six hours after posting where the notice is sent from and/or addressed to an address outside the United Kingdom) and in proving such service it shall be sufficient to show that the envelope was properly addressed and put into the post.

16. Proper Law
The validity construction and performance of the Contract shall be governed by the law of England and Wales and the parties hereby submit to the sole and exclusive jurisdiction of the courts of England and Wales.

17. Severance
If any of the clauses of these Conditions is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of them will not be prejudiced.



Part B: Website - Terms of Use

Welcome to the Supaphoto Website (the ‘Supaphoto Site’ or ‘the Site’). The Supaphoto Website includes supaphoto.com, cinetodvd.biz, and any successor pages thereto, and other websites owned or operated by Supaphoto Ltd.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SUPAPHOTO SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.

1. Agreement to Terms
By using this Site, you signify that you agree to these Terms of Use. In addition, when using particular services available on this Site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time (the "Guidelines"), including without limitation our Privacy Policy. All such Guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use or any of the Guidelines, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use or the Guidelines at any time. Please check these Terms of Use and the Guidelines periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of Supaphoto, and you should refer to those before using such services.

2. Links
This Site includes links to other Internet sites solely as a convenience to users. Supaphoto does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Supaphoto makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.

3. Copyright
All website design, text and graphics, the selection and arrangement thereof, and all underlying source code, and all other material on this Site are copyright of Supaphoto and its affiliates, or their clients, content and technology providers. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of using this Site as an online resource. Any other use of materials on this Site including reproduction for purposes other than those noted above, modification, distribution, or re-publication without the prior written permission of Supaphoto is strictly prohibited.

4. Privacy Policy
We are committed to respecting the privacy rights of all visitors to our Website. This Privacy Policy also explains the choices that you can make about the way your information is collected and used. It is available for you to review on our homepage and at least on every page where we have requested personally identifiable information. BY USING THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THE TERMS OF THIS PRIVACY POLICY. If you do not agree with any term in this Privacy Policy, do not use this Website.

This website is open to the public and has been established by Supaphoto in order that clients and other interested persons can learn more about Supaphoto. Anyone can visit this site anonymously to find out about Supaphoto’s services.

Supaphoto is committed to safeguarding the privacy of visitors to this site. The following policy explains what personal information we may collect and how such information will be treated. Should this policy change at any time a notice to that effect will be displayed on the home page.

This policy covers all the websites operated by Supaphoto. Please keep in mind that not all the services covered are available from every site. The extent and nature of the personal information collected in relation to each site will differ and this policy will apply accordingly:

1. Cookies
1.1. A cookie is a small amount of information which is stored by your web browser on your computer’s hard drive when you access the website.
1.2. The cookies store and track information concerning your use of the website such as the pages accessed and the date and time of such access. The information is collected in the name of your internet service provider.
1.3. This information may be collected to enable Supaphoto to generate statistics and measure site activity. Supaphoto uses the information to improve the effectiveness of your visit to the website and where appropriate to deliver to you a better and more personalised service.
1.4. Most web browsers automatically accept cookies but you can usually change your browser to prevent this. You may not be able to use all the features on some of the Supaphoto websites if your browser does not accept cookies or if you have altered your web browser accordingly.

2. Personal Information collected by Supaphoto
2.1. During normal use of the website Supaphoto does not collect personal information about you.
2.2. Where you are required to register for a particular service Supaphoto will collect adequate and relevant personal information necessary for performing that service.
2.3. Where Supaphoto collects personal information a link will be provided to this policy and you will be required to confirm that you have read it before access to the appropriate service will be granted.

3. How Supaphoto uses the Information
3.1. Supaphoto’s primary purpose for collecting personal information is to fulfil your service requirements.
3.2. Supaphoto is committed to improving its websites and online services and may use the information collected from visitors to achieve this.

4. Information Sharing
4.1. Supaphoto does not sell trade or rent your personal information to others. Supaphoto does not subject to paragraphs 4.2 and 4.3 below provide your personal information to any third party save where it is required to do so by law.

4.2. Where a particular service is provided in conjunction with a third party Supaphoto will need to share your personal information with that third party. Your personal information will be provided solely for the purpose of providing the relevant service. This will be made clear when you register for the service.

4.3. Supaphoto will not in any event share your personal information with any third party without your express consent to do so.

4.4. Supaphoto may provide to third parties aggregate statistics concerning the use of the website. Such information will include no personally identifying information.

5. Your choices concerning the use of you Personal Information:

5.1. You may at any time request that Supaphoto delete all your personal information held in relation to any service. This will result in you not being able to use the relevant service. You may at any time re-register with any service.
5.2. You may request from Supaphoto details of all your personal information collected and stored by Supaphoto. Supaphoto is entitled to charge a reasonable fee for providing such details.
5.3. Should your personal information change at any time you may inform Supaphoto and request that your personal information is updated.

6. Consent
6.1. By using the website(s) you consent to the collection and use of your personal information for the purposed specified.

7. Privacy
7.1. Supaphoto is committed to maintaining your privacy.
7.2. Whenever Supaphoto collects and stores personal information it takes steps to ensure that the personal information is treated securely in accordance with this policy. Supaphoto cannot ensure or warrant the security of any information which you transmit to Supaphoto and you do so at your own risk. Once Supaphoto receives your transmission it makes its best efforts to ensure its security on its systems.

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Contacting us:

If you would like to contact us, you may contact us by email or write to us at:

Supaphoto Ltd, 9 Goldstone Way, Hove, East Sussex, BN3 7PA, United Kingdom

Alternatively, you may prefer to phone us on 01273 236630

All Text and Images Copyright © Supaphoto, 2010, All rights reserved. Written Permission is required for any use. All dealings with Supaphoto Ltd are subject to it's Standard Terms & Conditions.