Terms and Conditions Of Use

TERMS AND CONDITIONS OF USE

General

WebsiteProVideos.com (Known from here on as WPV) will carry out work for any (CLIENTS) only where an agreement is provided either by email, telephone or mail (which ever is acceptable to both parties) and on receipt of full payment or deposit.

WPV will carry out work only for CLIENT’S who are over 18 years of age and have a UK / European address, contact us if you live in another country and we will happily discuss your criteria.

By entering into a contract the CLIENT is giving consent for their video to be used in any advertising material or promotional activities that WPV wishes to undertake.

Video Production

All images, clips, media etc  supplied to us by client’s to be used in any video production will be owned by the customer and not infringe any Copyrights.

We can also supply images from our library royalty free from copyright and stock photos, clips, video and media which may require a copyright license so the media can be used legally, we are happy to quote for this once we have carried out our short survey on what is required and what will be supplied to us for the video production.

Charges
Apart from any verbal prices quoted, a written quote will be provided for standard, custom or bespoke packages detailing the agreed work to be carried out. Price estimates are based on the current costs of production and are subject to amendment, in order to meet any rise in costs.

Standard packages should be paid for in advance and for custom or bespoke sites a non-refundable deposit of 50% of the agreed quote is due immediately upon the agreement of the contract. Deposits are non-refundable as work will commence as soon as the CLIENT’S commitment is obtained and deposit is paid.

We reserve the right to ask for a different level of deposit or for full payment in advance. The remaining balance shall become due when the work is completed to the reasonable satisfaction of the CLIENT subject to the terms of “CLIENT Approval” thereof.

Additional work requested prior to completion will be charged at an agreed rate, dependant on the additions. An amended quote will be issued confirming the full price of the project including the additions and will be payable upon completion of the project.

Preliminary Work

All work carried out at the CLIENT’S request prior to agreeing a contract shall be agreed first before being charged at an hourly rate of £40 per hour.

Project Completion

WPV agrees to deliver the service or services as agreed at the initial consultation. WPV will make every effort to meet agreed timescales. The CLIENT must be aware that failure to submit required information may cause delays in the project.  WPV cannot be held responsible for any missed deadlines caused by the CLIENT’S delays.

Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, WPV cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

The video, website, graphics and any programming code remain the property of WPV until all outstanding accounts are paid in full.

The CLIENT agrees to make available, as soon as is reasonably possible to WPV, all materials required for completion of the site to the agreed standard and within the agreed deadline.  WPV cannot be held responsible for any missed deadlines caused by the CLIENT’S delays in supplying requested information.

WPV reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. WPV cannot in any way be held responsible for any content in the CLIENT’S websites.

The CLIENT agrees that WPV may include development credits and links may be displayed on the CLIENT’S web page. These development credits and links may not be removed or modified, by the CLIENT or by a Third Party authorised by the CLIENT, without written authorisation from WPV.

CLIENT Approval

CLIENT’S will be provided with a Watermarked Video or test URL for 48 hours for  the new site.  The CLIENT’S will then have this time to review the site. Any amendments required prior to final approval must be made in writing or by electronic mail. CLIENT’S will be asked to review the video or site and forward written confirmation of approval before the master video or site is released.

Should the master video or site be released prior to receiving the approval letter WPV reserves the right to remove the site from the internet if written approval is not received within 7 days of release.

If the CLIENT will not approve subsequent work submitted by WPV as they deem this to be unsatisfactory, or WPV deems the CLIENT to be unreasonable, the contract will be deemed to have ceased.

The CLIENT may be charged for the completed video or site with any reasonable expenses incurred in recovery of payment.

Control Panel / CMS (Content Management Site)

Should WPV grant access to a site via the Control Panel / or CMS (Content Management Site) The CLIENT agrees to the following conditions:

•    The CLIENT cannot change, adjust or add to the website in any way, all changes only by WPV, unless WPV approve CMS changes in writing/e-mail.
•    The CLIENT can only check off line requests that do not effect or change the site in any way.
•    The CLIENT is responsible for obtaining and holding proof of all copyright approvals relating to the site.
•    Any Content added to the site must not contravene any laws.
•    Maximum site size/storage is agreed by the package purchased, but can be increased for a small charge , check with WPV.
•    Should a site become corrupt or The CLIENT has reason to contact WPV to rectify any errors or issues caused by The CLIENT’S management of the site, WPV will charge for any work required.

WPV reserves the right to withdraw any site content or whole site at any time, if in WPV’s view; The CLIENT is in breach of these conditions.

Liability

WPV will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

WPV will not be liable or become involved in any disputes between the site owner and their CLIENT’S and cannot be held responsible for any wrong doing on the part of a site owner. e.g. Any disputes re content/images/articles etc that have been provided to us for inclusion on the site.

WPV will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the CLIENT or any of the CLIENT’S appointed agents.

WPV will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out by the CLIENT or any of the CLIENT’S appointed representatives under the Control Panel agreement.

WPV will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by itself or its agents. Websites are held on professional web servers, however like any technology interruptions to the service can occur.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by WPV remain the copyright of The Company and may only be commercially reproduced or resold with the written permission of WPV.

WPV cannot take responsibility for any copyright infringements caused by materials submitted by the CLIENT or any other copyright infringements of any kind in any website.

Upon completion of the website project the CLIENT assumes all and full responsibility for any copyright infringements or issues caused by materials on the website. The CLIENT agree’s to indemnify, defend and hold WPV harmless, from and against all losses, expenses, damages and costs resulting from any violation of the Terms or any activity related to the website.

WPV reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. If WPV purchases any stock  images to be added to the CLIENT’S video or website we will invoice for the full cost of these images (or other paid for additions), unless these have been agreed in advance in writing or itemised as part of an invoice.

Images

Custom images purchased by WPV on behalf of the CLIENT, are purchased from third party agencies, or stock photo companies, as such they may require a commercial license, standard license or link back to site depending on the image sourced, all images are not authorised for any other use by any other party. Any fees relating to images purchased must be agreed by the CLIENT and will be invoiced if not included in the agreed package..

Compatibility

WPV will endeavour to ensure that any developed/designed site or application will function correctly on the server/s it is initially installed on and that it will function correctly when viewed with a compatible browser software i.e. Microsoft Internet Explorer 8 or higher, Firefox version 3.6 or higher.

Sites are designed, built and are optimised for use with Microsoft Windows. However, we publish your site in both Flash and HTML so it is available to the widest range of browsers and is constructed so that it is correctly indexed and listed by search engines. It is imperative that all browser and Flash software is up to date for websites to function and display correctly.

WPV can offer no guarantees of correct function with all browser software and/or operating systems.

Website Hosting

Whilst WPV will make appropriate arrangements for website hosting for the first 12 months; no guarantees can be made as to the availability or interruption of this service. WPV cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Hosting is free of charge on all websites designed by WPV, for the first 12 months.  Thereafter, it is the responsibility of the CLIENT to pay an annual Hosting Renewal Fee, at the end of the free period, WPV will invoice the renewal 45 days prior to the period end.

A fair usage policy does apply and we will contact you should your website be close to exceeding normal bandwidth levels.

Domain Names

Standard sub-domain names are offered free of charge and are non transferable.

Premium domain names (e.g .com or .co.uk) are available at an additional cost, subject to the availability of said name. Please see our pricing structure for further details.

Premium domain registrations are valid for a minimum period of 1 year on all sites with the exception of .co.uk / .org.uk (2 years). In order for the Client to keep using the premium domain name the Client must pay a renewal fee after the initial free 12 month period. WDFY will issue a reminder renewal 60 days prior to expiry, but this must be paid to WPV, by the CLIENT at least 30 days prior to the date of expiry.

When purchasing a domain through ourselves, WPV will register this through our preferred registrar.  You will also receive email addresses which are subject to the package you purchase and our Terms and Conditions.

Renewal

Failure to renew both the Domain Name (where applicable) and Web Hosting will result in the site being automatically deleted. Fees must be paid by the CLIENT at least 30 days prior to the expiry date.

Payment of Accounts

If accounts are not settled or WPV have not been contacted regarding the delay, access to the related website will be denied and web pages removed, we may then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (CCJ’s) being added to the CLIENT’S credit rating.

Following consistent non payment of an invoice we, or our solicitors will contact the CLIENT in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Variations To Terms

These terms and conditions may be amended by The Company from time to time (but not for the avoidance of doubt by any customers). The latest version of these terms and conditions may be accessed via The WPV website at www.websiteprovideos.com

Any changes the CLIENT makes to any contact details, WPV must be notified as soon as possible to keep the client database up to date.

Invoices will be sent by e-mail and/or by post to the most recent address provided by the CLIENT.

Site updates are charged at an hourly rate with a minimum of one hour. Further details are available upon request.

Invalidity Of Other Terms

No other terms (including those contained on any purchase order supplied by a customer) nor any representation will form part of any contract between WPV and the CLIENT and these terms and conditions will, in absence of any written agreement between WPV and the CLIENT stating otherwise, represent the entirety of the terms of such contract.

Legislation

These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with Spanish law. Spanish Courts shall have jurisdiction in relation to any matters arising in connection with any contract between WPV and the CLIENT into which these terms are incorporated.

Complaints Procedure

Informal Procedure

Anyone who experiences a problem with their video or web/other services provided by WPV should raise the matter directly to your contact, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.
WPV will investigate any complaint and respond within 5 working days of receipt of complaint.

Formal Complaints Procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to WPV, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within 7 days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Confidentiality

Confidential information may be disclosed to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safe guarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
Is or becomes part of the public domain without breach of this Agreement.

Thank you for your visit.