Part A - Terms and Conditions of Business
1. Definitions In these Conditions,
"the Company" means Supaphoto Limited (company registered
no: 4737972) whose registered office is at 9 Goldstone Way Hove BN3
7PA UK, "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
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 media longevity
and care 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
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 higher of the replacement
cost of the media supplied by any party or the cost of the Services
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 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
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.
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.
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.
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.
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THE SUPAPHOTO SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE
Agreement to Terms
In addition, when using particular services available on this Site,
you will be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time (the "Guidelines"),
use the Site. We reserve the right, at our discretion, to change, modify,
for changes. Your continued use of the Site after the posting of changes
will mean you agree to abide by those changes. Please note that additional
one or more business associates of Supaphoto, and you should refer to
those before using such services.
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.
We are committed to respecting the privacy rights of all visitors to
can make about the way your information is collected and used. It is
available for you to review on our homepage and at least on every page
where we have requested personally identifiable information. BY USING
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
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.
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
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
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.
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.
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.
Supaphoto will not in any event share your personal information with
any third party without your express consent to do so.
Supaphoto may provide to third parties aggregate statistics concerning
the use of the website. Such information will include no personally
Your choices concerning the use of you Personal Information:
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.
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you would like to contact us, you may contact us by email
or write to us at:
Ltd, 9 Goldstone Way, Hove, East Sussex, BN3 7PA, United Kingdom
you may prefer to phone us on 01273 236630
All text and images Copyright © Supaphoto, 2010, All rights reserved.
Written Permission is required for any use. All dealings with Supaphoto
Ltd are subject to it's Standard Terms & Conditions.