Part A - Terms and Conditions of Business
1. Definitions In these Conditions
"the Company" means Supaphoto Limited (company registered no:
4737972) whose registered office is at 9 Goldstone Way Hove BN3 7PA UK,
"the Customer" means the person firm or company using the services
of the Company, “the Quote” means the quote detailing the charges,
terms and the services forming the subject of the contract between the Company
and the Customer and "the Services" means the services detailed
in the Quote.
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.
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”).
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.
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.
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.
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 the safety
of your media 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
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 current market value of the lost or damaged
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.
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.
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.
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.
The Contract is personal to the Customer who shall not assign or charge
the benefit thereof without the Company's express written consent.
No variation of the Contract shall be effective unless made in writing
signed by or on behalf of the parties.
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.
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.
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.
We only accept visual and audio material for transfer/conversion/copying
on the strict understanding that the copyright of the material is wholly
owned by the customer and that the customer warrants that the transfer/conversion/copying
of their material will not lead to any breach of copyright whatsoever.
19. Material of an Explicit or Sexual Nature
We are not able to handle material of a sexual or explicit nature.
We never knowlingly accept such material for transfer/conversion/copying
and accept no responsibility whatsover for any claims that may arise out
of any accidental handling of this type of material.
Data Protection Notice
In accordance with the Data Protection Act, Supaphoto Limited may use
the personal information you have provided. We will collect, store and
use your personal information, such as your name, address, in order to
provide you with certain services. We may use any of the information you
have provided to us for the following purposes: administration of your
purchase, marketing, analysing your purchasing preferences and product
quality, conducting market research surveys, host mailing, and providing
you with information about other services, special offers, and products
we offer. We may also share your information with our authorised agents.
We or they may contact you by mail, telephone, fax or e-mail with details
of products, special offers and services that may be of interest to you.
If you do not want to be contacted by Supaphoto Limited or its authorised
agents for marketing purposes, please write to the Data Protection Officer
at 9 Goldstone Way, Hove, East Sussex, BN3 7PA, United Kingdom but remember,
if you do, we will not be able to notify you of special offers and promotions.
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.
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THE SUPAPHOTO SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE
Agreement to Terms
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
We reserve the right, at our discretion, to change, modify, add, or remove
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.
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.
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
We are committed to respecting the privacy rights of all visitors to our
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,
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
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.
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:
1.1. 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.
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.
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.
4.1. 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.
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.
Supaphoto will not in any event share your personal information with any
third party without your express consent to do so.
Supaphoto may provide to third parties aggregate statistics concerning
the use of the website. Such information will include no personally identifying
Your choices concerning the use of you Personal Information:
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
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.
6.1. By using the website(s) you consent to the collection and use of
your personal information for the purposed specified.
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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you would like to contact us, you may contact us by email
or write to us at:
113 Valley Drive,
Brighton & Hove City,
0800 690 6160 E-mail: email@example.com
you may prefer to phone us on Freephone 0800 690 6160
All Text and Images Copyright © Supaphoto, 2014, All rights reserved.
Written Permission is required for any use. All dealings with Supaphoto
Ltd are subject to it's Standard Terms & Conditions.