BUSINESS TERMS AND CONDITIONS

DEFINITIONS

“COMPANY” means the business and trading name chaosWEBS.co.uk

“SERVICES” means any website service such as but not limited to; domain name registration, domain hosting, and website content management, SEO submission) provided by the Company, at any location and at anytime.

“SERVICE AGREEMENT” means any performed Service by the Company subject to a services agreement or contract that is/are booked by the Client whether they have been performed or not.

“PRODUCTS” means any item for resale by the Company such as, but not limited to, domain name registration, domain hosting, domain installation, website setup, configuration and management, website content creation and management, social media management.

“CLIENT” means the individual person(s) or company or business buying the Services or Products

GENERAL TERMS

  1. Services that are subject to the payment of a deposit or booking fee are NOT refundable if the booking is cancelled by the client at any time and for any reason. Please accept that we are likely to have sustained significant financial loss of revenue from the cancellation of a Service for whatever reason and are not able to re-book the time. Please see the specific terms relating to our Cancellation Policy below.
  2. A full quotation is issued to all Clients prior to the Services(s) such quotation will detail the fees, expenses and charges for the provision of the Service required and the amount of deposit, if any, required before the Service booking is accepted by the Company. Unless otherwise stated or agreed, times, fees and costs included in any quotation are professionally estimated and may change following execution or completion of the Service. We will notify you if this is likely to be the case, if possible at the time, but it should be noted that we may need to make a professional judgement upon extending a booked Service without access to our primary contact for direction or approval.
  3. Invoices are raised following the completion of the Service for immediate payment, unless credit terms are agreed in advance. The balance for all unpaid invoices is deemed past-due 7 days after the completion of the Services. If invoices remain unpaid following 30 days, interest will be added to the balance on a daily basis at the rate of 4% above the interest rate publish by the bank of England.
  4. The Company created Photo or Video Image(s) (the “Images) licenses are NOT activated until invoices are paid in full. The Images cannot be used by the Client in any capacity or form except for proofing until the invoice has been paid in full.
  5. Images are made available to clients under the Company’s standard Intellectual Property License (the “IP License”), please ensure that you make us aware of any inadequacy with this IP License for your purposes BEFORE the session is completed and at the time of booking. The standard IP License is linked on our website.
  6. If you need to cancel or postpone your Service, please contact us as soon as possible. We will do our best to accommodate a change request to the Service, date or time, but any changes are subject to our availability and agreement.
  7. Any price/fee quoted for any Product or Service is valid for 30 days, after which the price/fee may change.
  8. Image(s) proofing will be made available on-line on our website or that of our agents for a period of time for viewing, we do not provide hard-copy proofs. You will be given a session number or ID or URL to use to access your images.
  9. The Company reserves the right to use a selection of Images from your session for its Portfolio and for display at the studio, in publicity and marketing material and in websites online, including our Facebook, Twitter and other social media spaces, for promotional, re-sale, competition entry and any other purpose without liability or compensation to the client or image subject. Such usage of the images is pursuant to our Privacy Policy Statement and in compliance with DPA and GDPR and your Consent. We will ask for this Consent at the point of booking.
  10. The limit of liability of the Company or its agents (including but not limited to photographers, videographers, cinematographers, drone pilots, processing laboratories, suppliers, web hosts, postal and delivery agents) to compensate the Client in the case of any negligence or breach of this Agreement is limited to the cost to the Client of the Service booked, and only to the maximum balance already cleared and paid over to the Company.
  11. Retouching, digital manipulation and artistic finishing of the Image(s) is available as an optional extra cost at such rates that are published by the Company from time to time. Such retouching, digital manipulation or artistic finishes are NOT included by default with any Photography or Video session.
  12. Client Images depicting identifiable people, vehicles and property are retained by the Company for 6 months and as described under the Company’s DPA/GDPR Privacy Policy. On-line proofs will be deleted after 25 days. CDs/USB are used for image transfer/transport only and not for data storage. We fully recommend that they are backed up immediately upon receipt several times. Backups and copying for storage is fully included in the creative license that accompanies the CD.
  13. The 1988 Copyright Act assigns the copyright to the Company’s Image creator (photographer, Videographer, Web Designer). It is contrary to the Act and strictly illegal to copy or to allow to be copied, any Image(s). This includes downloading from our website or those of our agents. All Image(s) remain the intellectual property of the image creator.
  14. Force Majeure or Act of God: The due performance of the Services and these Terms and Agreements are subject to alteration or cancellation by the Company owing to any cause beyond our control. All efforts will be made to comply with alternate arrangements made.
  15. The Company grants no rights and makes no warranties with regards to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any web page or design or in any Image(s), and the Client must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required before reproduction, have been obtained.
  16. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT OR ANY OTHER PERSON, COMPANY OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE CLIENT’S USE OF THE IMAGES OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.

CANCELLATION

We understand that the need to cancel our Services can arise for many reasons and often at the last minute. However, we are likely to have sustained financial loss in such an event with the refusal of additional client Services or bookings as a result of removing of the dates from our booking or Services calendar and therefore the following terms regarding cancellation apply to all our Services: –

  1. In the event of cancellation of a Service within 48 hours before execution of said Service, in whole or part, by the Client then the Company reserves the right to make a cancellation/termination charge of up to 50% of total agreed services charge minus any deposit paid.
  2. Cancellation of a Service prior to 48 hours before execution of said Service, in whole or part, will result in a charge being made for material costs already incurred, such as but not limited to, consultancy, production and planning costs, staff costs and extra or third-party resource, software purchases or subscriptions, equipment hire.
  3. Cancellation of a Service when the production or Service has commenced, may result in up to 100% of the total agreed Service charge being made.
  4. The Company reserve the right to cancel or terminate a Service if the Client becomes insolvent or subject to bankruptcy proceedings or the reputation of the Company and anyone connected with the Company could be damaged.
  5. The Company reserves the right to cancel, terminate, change and alter or postpone a Service if at any time the provision of the Service will result in the Company having to commit an illegal activity or an unacceptable risk to people, property or equipment without notice or liability to the Client.
  6. The Company reserves the right to cancel and/or reject a Client’s Service booking for whatever reason and at any time with the limit of Client compensation or remedy to that of the fees already paid by the Client. We will always provide you with suitable and appropriate, where humanly possible, notice should such a situation arise.