Terms & Conditions - Shrawley Media

Terms & Conditions of Business

The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms & Conditions”), govern your access to and use of www.shrawleymedia.com including any content, functionality and services offered on or through this website (the “Site”).

Please read the terms and conditions carefully before you start to use the site or undertake business with us. By browsing, accessing the website or services, you acknowledge that you have read, understood and agreed to the terms and conditions. We reserve the right to make changes of these terms and conditions, and when we do so, they will be updated here.

Governing Law and Jurisdiction
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

WEBSITE DESIGN

1. Charges
Charges for the Services are defined in this website in respect of a 'basic website'. More sophisticated projects are quoted separately, in writing. Quotations are valid for a period of 30 days. We reserve the right to alter a quotation or decline to provide the relevant Services after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an initial payment and then a second payment by way of 12 months subscription, in advance. The website will not be published until full payment has been made.

The Client agrees to reimburse Shrawley Media for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of domain names, special fonts and stock photography.

All Charges are exclusive of VAT, chargeable as appropriate.

2. Invoicing and payment
Shrawley Media shall submit invoices in line with the timescales above. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the Client.

Payment for services is due by credit or debit card via our website and/or with cash or by cheque or bank transfer.

If the Client fails to make any payment due to us by the due date for payment, then, without limiting our remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on our web space or that of our subcontractors, we will, at our discretion, remove all such material from our third party servers. Shrawley Media is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Shrawley Media reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Shrawley Media in enforcing these Terms.

3. Change Control Process
As part of our project management process, we include a change control process. This will come into effect if your needs change or you find you need additional features after a website scope document has been signed off or we have moved on to the design phase of your project.

We ask you to fill in a simple form and we assess whether the change is possible at the stage it has been requested, if it can be included as part of the website costs or whether it will incur an extra cost. This helps to keep the project on track and within budget.

4. Client Review
Shrawley Media will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Shrawley Media otherwise within ten (10) days of the date the materials are made available to the Client.

5. Turnaround Time and Content Control
Shrawley Media will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon Shrawley Media receiving initial payment, unless a delay is specifically requested by the Client and agreed by ourselves.

In return, the Client agrees to provide Shrawley Media promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by us for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid us with progressing the commission in a satisfactory and expedient manner.

During the project, Shrawley Media will require the Client to provide website content; text, images, movies and sound files, along with any relevant background information.

5.1 Fair Use Policy
Online web support is offered as part of the subscription agreement. This offers web support when the customer is having problems editing or amending the website. If the customer receives more than 60 minutes web support in any one month and/or 200 minutes of support in any one subscription period then we reserve the right to charge an additional charge of £10 per hour. We will notify you of these charges before we undertake this work.

6. Web Browsers
Shrawley Media makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge etc.). The Client agrees that we cannot guarantee correct functionality with all browser software across different operating systems.

Shrawley Media cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, we reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

7. Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for any outstaning subscription fees, less any refund due for unused time, pro rata. A termination/transfer fee will be payable by the client as set out in our FAQs on this website.

8. Indemnity
All Shrawley Media services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless Shrawley Media against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the Client’s use of our service.

9. Intellectual property
Background IP means any IP Rights, other than Foreground IP, that is used in connection with these Terms.

Foreground IP means any IP Rights that arise or are obtained or developed by, or by a contractor on behalf of, either party in respect of the services and deliverables under or in connection with these Terms.

IP Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

All Background IP, including but not limited to any IP Rights in data, files and graphic logos provided to Shrawley Media by the Client, is and shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom its right to use the Background IP has derived).

The Client hereby grants to Shrawley Media a non-exclusive licence to publish and use such material, which may be sub-licensed to any contractor acting on behalf of Shrawley Media. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Shrawley Media permission and rights for use of the same. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Shrawley Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The Client shall indemnify and hold harmless Shrawley Media against all damages, losses and expenses arising as a result of any and all actions or claims that any materials provided to Shrawley Media by or on behalf of the Client infringe the IP Rights of a third party.

All Foreground IP shall vest in and be owned absolutely by the party creating or developing it. Shrawley Media hereby grants the Client a non-exclusive licence of such Foreground IP for the purpose of operating the website.

9. Confidentiality
Each party (the Receiving Party) shall use its reasonable endeavours to keep confidential all information and documentation disclosed by the other party (the Disclosing Party), before or after the date of these Terms, to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any software, operations, products, processes, dealings, trade secrets or the business of the Disclosing Party (including without limitation all associated software, specifications, designs and graphics) or which is identified by the Disclosing Party as confidential (the Confidential Information) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms. The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party. This clause shall survive the termination of these Terms for whatever cause.

During the term of these Terms the Receiving Party may disclose the Confidential Information to its employees and sub-contractors (any such person being referred to as the Recipient) to the extent that it is reasonably necessary for the purposes of these Terms. The Receiving Party shall procure that each Recipient is made aware of and complies with all the Receiving Party’s obligations of confidentiality under these Terms as if the Recipient was a party to these Terms.

The obligations in this clause 9 shall not apply to any Confidential Information which is:

at the date of these Terms already in, or at any time after the date of these Terms comes into, the public domain other than through breach of these Terms by the Receiving Party or any Recipient;
furnished to the Receiving Party or any Recipient without restriction by a third party having a bona fide right to do so; or
required to be disclosed by the Receiving Party by law or regulatory requirements, provided that the Receiving Party shall give the Disclosing Party as much notice as reasonably practicable of the requirement for such disclosure.
All tangible forms of Confidential Information, including, without limitation, all summaries, copies, excerpts of any Confidential Information whether prepared by the Disclosing Party or not, shall be the sole property of the Disclosing Party, and shall be immediately delivered by the Receiving Party to the Disclosing Party upon the Disclosing Party’s request or the termination of these Terms (whichever is earlier). The Receiving Party shall not copy, reproduce, publish or distribute in whole or in part any Confidential Information without the prior written consent of the Disclosing Party.

11. Data protection
For the purposes of this clause, Data Protection Law means the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018, any other data protection and/or privacy laws applicable to Shrawley Media, and any applicable laws replacing, amending, extending, re-enacting or consolidating the above from time to time.

Both parties will comply with all applicable requirements of Data Protection Law. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under Data Protection Law.

The Client will comply with Data Protection Law in connection with the collection, storage and processing of personal data (which shall include you providing all the required fair processing information to, and obtaining all necessary consent from, data subjects), and the exercise and performance of your respective rights and obligations under these terms and conditions, including all instructions given by the Client to Shrawley Media and maintaining all relevant regulatory registrations and notifications as required under Data Protection Law.

The parties acknowledge that if Shrawley Media processes any personal data on the Client’s behalf when performing its obligations under this agreement, the Client is the controller and Shrawley Media is the processor for the purposes of Data Protection Law.

The scope, nature and purpose of processing by Shrawley Media, the duration of the processing and the types of personal data and categories of data subject are set out in our Privacy Notice and the project quotation.

In relation to the processing of personal data under these terms and conditions, Shrawley Media shall:

process personal data on the Client’s behalf only on and in accordance with the Client’s documented instructions as set out in this clause 11 (as updated from time to time by agreement between the parties), unless required to do so by applicable law; in such a case, we shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
ensure that persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
implement and maintain appropriate technical and organisational measures in relation to the processing of personal data; you hereby acknowledge that you are satisfied that our processing operations and technical and organisational measures are suitable for the purposes for which you propose to use our services and engage us to process the personal data;
promptly refer all data subject requests we receive to you and, taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR;
assist you in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to us and only in the event that you cannot reasonably be expected to comply with the requirements of Articles 32 to 36 without our information and/or assistance (e.g. you do not possess or otherwise have access to the information requested). We may charge our reasonable costs on a time and materials basis in providing you with such assistance;
retain personal data in accordance with the retention periods set out in our Privacy Notice;
make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28(3) and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you provided: (i) you give us at least 7 days prior notice of an audit or inspection being required; (ii) you give us a reasonable period of time to comply with any information request; (iii) ensuring that all information obtained or generated by you or your auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential; (iv) ensuring that such audit or inspection is undertaken during normal business hours, with minimal disruption to our business; (v) no more than one audit and one information request is permitted per calendar year; and (vi) paying our reasonable costs for assisting with the provision of information and allowing for and contributing to inspections and audits;
take reasonable steps to ensure the reliability of anyone who we allow to have access to personal data, ensuring that in each case access is limited to those individuals who need to know or access the relevant personal data, as necessary for the purposes of the Terms; and
notify the Client without delay (and if possible within 24 hours) upon us or any sub-processor becoming aware of a personal data breach affecting personal data processed on the Client’s behalf, providing the Client with sufficient information to allow you to meet any obligations to report or inform data subjects of the personal data breach.
The Client hereby gives Shrawley Media consent to engage sub-processors for processing of personal data on your behalf. We shall inform the Client before transferring any personal data processed on your behalf to a new sub-processor. Following receipt of such information you shall notify us if you object to the new sub-processor. If you do not object to the sub-processor within seven calendar days of receiving the information, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within reasonable time, the Client shall have the right to terminate these Terms with a notice period determined by the Client, without prejudice to any other remedies available under law or contract. During the notice period, we shall not transfer any personal data processed on the Client’s behalf to the sub-processor.

Shrawley Media shall enter into appropriate written agreements with all of its sub-processors on terms substantially similar to these Terms. We shall remain primarily liable to the Client for the performance or non-performance of the sub-processors’ obligations. Upon your request, we are obliged to provide information regarding any sub-processor, including name, address and the processing carried out by the sub-processor.

We will not transfer personal data processed on your behalf to a country outside the United Kingdom which is not recognised by the European Commission to have an adequate level of protection in accordance with Data Protection Law unless the transfer is effected by such legally enforceable mechanism(s) for transfers of personal data as may be permitted under Data Protection Laws from time to time.

12. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (Word or Google Docs delivered via USB drive, e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Wombat Creative to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

13. Design Credit and Marketing
A link to Shrawley Media will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied.

The Client agrees that the website developed for the Client may be presented in Shrawley Media's portfolio, and hereby grants Shrawley Media a worldwide, perpetual, non-exclusive licence to use its name, logo and branding for advertising, marketing and promotional activities.

14. Third Party Servers
Shrawley Media tests websites to work on its own third party servers. These include Wix.com and Weebly.com (Square Space). The websites are designed using the website builders on these servers and may not be moved to alternate servers.

15. Post-Placement Alterations
In the event that the Client wishes to make alterations to the website once installed, the Client agrees to give Shrawley Media the opportunity to quote to provide such alterations. There is no obligation on the Client to accept the quote provided by Shrawley Media.

Shrawley Media cannot accept responsibility for any alterations caused by the Client or a third party occurring to the website once installed. Such alterations include, but are not limited to additions, modifications or deletions.

16. Domain Names
Shrawley Media may purchase domain names on behalf of the Client. Payment in relation to, and renewal of, those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Shrawley Media. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

17. Third Party Products
Any third party software which Shrawley Media agrees to provide shall be supplied in accordance with the relevant licensor’s standard terms. The one-off licence fee for such third party software is included in the Charges payable pursuant to clause 1.

18. General
These Terms constitute the entire agreement between the parties and supersedes all previous representations, promises, assurances, warranties, understandings and agreements between them, whether written or oral, relating to their subject matter.

A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

These Terms do not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.

No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

A notice given to a party under or in connection with these Terms shall be in writing and in English, by email or next working day delivery service. Notices to the Client shall be sent to the email address or address last notified to Shrawley Media. Notices to Shrawley Media shall be sent to: BCO Commercial, The Lodge, Church Lane, Shrawley, Worcester WR6 6TS. Copies may be sent by email to: mb@bcocommercial.com.

19. Digital Marketing
Shrawley Media will honour the components of your chosen digital marketing scope of work, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

20. Liability
Nothing in these Terms shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.

Shrawley Media shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.

The entire liability of Shrawley Media to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the original provision.

22. Ownership
Ownership of the client's website, designed by Shrawley Media, will remain that of BCO Commercial, trading as Shrawley Media unless and until a transfer / termination has been completed as described in our FAQs.

PHOTOGRAPHY & VIDEOGRAPHY

Definitions
“The Photographer” means Mark Ashley Burkes, trading as BCO Commercial (Shrawley Media.com), The Lodge, Church Lane, Shrawley, Worcester WR6 6TS. “The Client” means any person, body of persons, firm or company with whom the Photographer enters into a contract for the sale of goods or provision of services by The Photographer.

(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client.

(b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Shrawley Media. And shall where the context so admits include their respective assignees, sub-licensees and successor in title.

(c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.

(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.

(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.

(f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.

(g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer.(b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.(c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.

The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).

(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.

(c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.

(d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed.

Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.

(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.

(f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.

Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client.(b) The Photographer retains the right in all cases to use or sell the Photographs. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.

CLIENT CONFIDENTIALITY.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.

(b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.

(c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.

(d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

(e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, or their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.

(f) Payment by the Client will be strictly within 30 days of the issue of the relevant invoice for the commissioned work.

(g) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debts including bank charges.

(h) A further charge of 5% over the Natwest Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.(d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.

(I) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise .The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.

(j) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

CANCELLATION & POSTPONEMENT.

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement.

RIGHT TO A CREDIT.

(a) The Licence to Use requires that the Photographer’s name ‘Shrawley Media’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

SUPPLY TO THIRD PARTIES.

(a) The licence only applies to the Client and product stated on the Licence to Use.

ELECTRONIC STORAGE.

(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer.

(b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.

(c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.

OFFERS & COUPONS

Where a trial offer or discount coupon is made available, the offer will be for a limited time and is only valid for the purchase of one single service by the specified invitee. Anyone copied into such an invite is not entitled to claim the discount unless the invitee authorises such assignment in writing and informs us of this prior to the expiry date of any offer or coupon. The coupon or offer may only be assigned to a colleague within the same firm and any order placed as a result of this offer must be for a service to be undertaken within 14 days of the offer being claimed. All offers will expire after this time.

DIGITISATION OF ANALOGUE MEDIA

Sending and return of original media
Shrawley Media are not liable for any damage or loss incurred whilst your media is in the post. We advise you to use a tracked service. Once we receive your material we do our best to use processes that keep your tapes and their content safe.

Safety of your media
In the extremely unlikely event of us causing damage or loss to any of your material, we will compensate you up to the purchase value of the media (e.g. the VHS tape). This does not include media that arrives damaged or is in an unsuitable condition upon arrival. If we cannot convert your media, we will refund you for those media. Once your media has been converted, digital back ups are kept for 30 days after the media has been dispatched.

For information relating to the privacy of our consumer information, please refer to our Privacy Policy.

Copyright and prohibited content
By accepting our terms you are stating that you own or have permission to copy the material provided, and indemnify Shrawley Media against any action including copyright infringement. If the content is illegal in nature we reserve the right to refuse to continue and no refund will be offered. In such instances, we may contact the appropriate law enforcement department.

Refunds and returns
If there is an issue with your order, you must contact us as soon as possible regarding the issue(s). We are committed to provide the best customer service possible and will try our best to resolve the issue(s). If we cannot resolve the issue(s), we may offer a refund that equals the value of the service that has not been performed correctly. We reserve the right to refuse refunds and reimbursement of postage.

Compatibility
It is the customers responsibility to ensure that they have the necessary equipment to play the digital media supplied by us. We use USB 2.0, USB 3.0 and USB 3.1 as storage devices, which are compatible with most devices.

Disclaimer
We will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms. All material produced by Shrawley Media is not to be copied and/or resold without our express written permission to do so.

Methods and payment
We accept payment of Credit/Debit cards and bank transfer. Online and telephone card payments are carried out using Stripe. All prices, quotes are in GBP £ unless stated otherwise.

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at mb@bcocommercial.com