Part A – Terms and Conditions of Business
- Definitions In these Conditions
“the Company” means Supaphoto Limited (company registered no: 4737972) whose registered office is at 113 Valley Drive, Brighton, BN1 5LG . “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 hereby excluded.
- 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 stock.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
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.
- 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.
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.
- Agreement to Terms
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 strictly prohibited.
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:
1.1. 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.
- 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.
- 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.
6.1. 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.
If you would like to contact us, you may contact us by email or write to us at:
113 Valley Drive,
Brighton & Hove City,
Phone 0800 690 6160 E-mail: email@example.com
Alternatively, you may prefer to phone us on Freephone 0800 690 6160
All Text and Images Copyright © Supaphoto, 2021, All rights reserved. Written Permission is required for any use. All dealings with Supaphoto Ltd are subject to it’s Standard Terms & Conditions.