Definitions & Effect Of Conditions.
The headings are for convenience only and shall have no effect on the interpretation thereof.
The company shall mean Inteu Limited (Company Number 05321659) trading as The BigTop Company
The Limited Company Terms and Conditions shall apply to and be incorporated into all agreements between the company and any business, firm or person ("the customer") under which the company supplies goods or services at the request of the customer.
These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of a Director of the company.
The Limited Company Terms & Conditions
1. Terms Of Service
(a1) The company provides Film, TV, Commercials and Music Video Goods and Services.
(a2) It is agreed that all projects will be watermarked throughout production & the watermark will be removed once the customer makes full & final payment.
(a3) The company reserves the right to suspend or cancel a customer`s access to any or all goods or services provided by the company when the company decides that the goods or services have been inappropriately used or otherwise.
(a4) The company do not allow any of its services or products to be used illegally in violation of any Government or Local regulation
2. Payment
In order to streamline our accounting procedures and keep costs down the company has 2 payment options.
Option 1 : Staged Payments :
(b1) 50% of the total quotation price payable prior to the start of any production.
(b2) 25% of the total quotation price payable on delivery of a production evaluation copy.
(b3) 25% of the total quotation price plus any agreed extras prior to delivery of the final production master.
Option 2 : Voucher Payments :
(b4) For those using our discount voucher scheme we require payment in full in advance for any goods or services supplied to the customer.
Invoices :
No invoices will be sent by regular mail. All invoices will be sent directly to customers via email.
3. Cancellation And Refunds
(c1) The company reserves the right to cancel its supply of goods or services at any time. In this event customers will be entitled to a full refund. If a customer contravenes the company’s terms and conditions a refund will not be issued.
(c2) In situations where payment has not been received by the due date the company will at its discretion suspend its goods or services until the outstanding amount is paid in full
(c3) All amounts paid via stage payments or on a payment in advance basis are non-refundable. Customers are not entitled to receive a refund unless the goods or service are cancelled by the company. If a customer contravenes the company’s terms of supply of goods or services a refund will not be issued in the event of a cancellation.
4. Revisions
(d1) The company reserves the right to change the prices of goods or services at any time
(d2) The company reserves the right to revise its terms and conditions at any time.
5. Confidentiality
(e1) Any information the customer provides to the company is stored in a manner that ensures no unauthorized access.
(e2) Other than as necessary to fulfill your order the company will not disclose your personal information, any secret or confidential information to any third party without your consent unless we are required to do so by law.
6. Subcontracting
(f1) The company reserves the right to sub-contract any part of any work or supply of any goods or services to the customer.
7. Copyright, Patents, Trade Marks And Intellectual Property Rights
(g1) The customer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected with the goods or services supplied to the company do not pass to the customer.
(g2) The customer agrees to indemnify the company against all liabilities, costs and expenses which the company may incur as a result of work done in accordance with the customer`s specifications which involve infringement of any patent or other proprietary rights.
8. Exclusion Of Liability
(h1) The company will not be responsible for any damages that the customer may suffer.
(h2) The company makes no warranties of any kind, expressed or implied for goods or services we provide.
(h2) The company disclaims any warranty or merchantability or fitness for a particular purpose.
(h4) In any event, the companies liability shall be limited to direct loss and shall not include indirect or consequential loss.
9. Indeminification
(e1) The Customer agrees that it shall defend, indemnify, save and hold the company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney`s fees asserted against the company, its agents, its customers, officers and employees, that may arise or result from any goods or services supplied to the company by the customer, its agents, employees or assigns.
(e2) The Customer agrees to defend, indemnify and hold harmless the company against liabilities arising out of; (a) any material supplied by the customer to the company that infringe or allegedly infringe on the proprietary rights of a third party; (b) copyright infringement and (c) any defective products supplied by the customer to the company.
10. Jurisdiction
All aspects of contracts between the customer and the company will be construed under the laws of the United Kingdom, except for that body of law dealing with conflicts of law. If any provision of this Licence shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Licence will remain in full force and effect.