March 05, 2021

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CREATIVEMGROUP

Terms & Conditions

CREATIVE MEDIA PRODUCTIONS TERMS OF BUSINESS AGREEMENT 2020


GENERAL

These terms and conditions of business supersede, replace, revoke and override all other terms and conditions of business of Creative Media Productions Limited which may have been in force at times in the past.

This Terms of Business Agreement this Agreement is entered into by and betWeen Creative Media Productions Limited a limited liability company registered in England Creative Media and You, and is made effective as of the date of our first moment of work on Your Web Company Services the Company Services or the date of any notification such as posting on the Creative Media Website or emailing this change to You. This Agreement sets forth the general terms and conditions of Your use of the Services and the products and services purchased or accessed through this Company Services individually and collectively, the Services and defines the limits of Service, liabilities and duties to You as the Client. We will use reasonable commercial endeavours at all times to fulfil our obligations.

TERMS

The terms We, Us or Our refers to Creative Media. The terms You, Your, User or Customer refers to any individual or entity who accepts this Agreement, has access to Your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits or include any entity or person other than the contracting parties.


MODIFICATION OF AGREEMENT

Creative Media may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements at any time, and such changes or modifications shall be effective immediately upon posting to this to the Company Site and notifying You to at your designated email. Your use of this Company Services or the Services after such changes or modifications have been made shall constitute Your acceptance of this Agreement as last revised. If You do not agree to be bound by this Agreement as last revised, stop using the Service. Creative Media may occasionally notify You of changes or modifications to this Agreement by email. Creative Media assumes no liability or responsibility for Your failure to receive an email notification if such failure results from an inaccurate email address.

Creative Media reserves the reasonable right to modify, change, or discontinue any aspect of this company services or the offering or services, including without limitation prices and fees for the same, at any time.

PERIOD

Creative Media and You shall agree the length of Creative Media’s engagement and as the client your obligation to pay runs for the full length of that initial engagement or renewal or extension of that period unless changed by mutual agreement. If the engagement is on a rolling contract basis a minimum notice for cancellation is the same as that period of roll over. For example of a rolling contract of a month shall require a month’s notice before termination. Any monies payable to Creative Media shall be forthcoming before the end of the contract time being of the essence.

SEVERABILITY

If any provision in this Agreement is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect.

AUTHORITY TO ENTER INTO AGREEMENT

This Company Services and the Services are available only to individuals or entities Clients who can form legally binding contracts under the applicable laws of England and Wales.

If You are entering into this Agreement on behalf of a corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms You, Your, User or customer shall refer to such corporate entity. Creative Media shall not be liable for any loss or damage resulting from Creative Media’s reliance on any instruction, notice, document or communication reasonably believed by Creative Media to be genuine and originating from an authorised representative of Your corporate entity which proves not to be so. You further agree to be bound by the terms of this Agreement for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Services, whether or not authorised by You.

AVAILABILITY OF WEB SERVICES

As set out in this Agreement We use commercially reasonable efforts to provide this Company Services to allow consumers access to your site or sites on a twenty-four hours a day, seven days a week basis. You acknowledge and agree that from time to time this Company Services may be inaccessible or inoperable for any reason including, but not limited to, upgrade, equipment malfunctions; sickness; holidays; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control, force majeure or events that are not reasonably foreseeable including, but not limited to, interruption or failure of broadband providers, telecommunication or digital transmission links, denial of service attacks, hostile network attacks, network congestion or other failures. By using the Company Service you agree that We have no control over the availability of these Company Services or the Service on a continuous or uninterrupted basis, and that We assume no liability to You or any other party in this regard.

THE PRODUCT END OF LIFE AND DISCONTINUATION OF SERVICES

Creative Media reserves the right to cease offering or providing any of the Services or individual features and associated functions, or aspects of the Services at any time. Creative Media can do this at will at our discretion but We will seek to give you reasonable notice.

Creative Media uses reasonable commercial endeavours to give all its products and Services a long and highly useable life, but sometimes it will not be able to deliver these Services, those functionalities and access. This is particularly true of third party Services which We connect You to. If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Creative Media, in any way, effective on the EOL date.

In the event that any Service We offer has reached or will soon reach EOL, We will attempt to notify You thirty or more days in advance of the EOL date. It is Your responsibility to take all necessary steps to replace the Service and to mitigate any loss that you may suffer and migrate to a new Service before the terminal date, or by entirely ceasing reliance on said Service before that EOL event. Creative Media will attempt to offer a comparable Service for You to migrate to or will seek to recommend a service at Creative Media’s sole and absolute discretion. Creative Media with notice and Your permission may migrate You to the most up-to-date version of the Service available. For example from Magento1™ to Magento 2™. In such case agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that functionality, or feature or part of any Service We offer has reached or will reach EOL We will notify You at least thirty days in advance of the EOL date. If this is because of a change of Service Provision by a Third Party Supplier We will attempt to notify You within two working Weeks of Creative Media being advised of the change. Creative Media will not be required to offer a comparable feature or functionality for the Service or a refund unless by a good will payment at Creative Media’s sole and absolute discretion. Any transition to a new platform will be done in a timescale commensurate with the task and at a pace decided by Creative Media.

Creative Media shall not be liable to You or any third party for any modification, suspension, or discontinuance of any of the Services We may offer or facilitate access to with regard to Third Parties.

DOMAIN NAME RENEWALS

If You opt for Creative Media to renew Your domain names You will be billed for this service at the point of renewal. This is a courtesy service and will be completed with reasonable commercial endeavours and You will be billed at the point of renewal

BETA SERVICES

Creative Media may offer new Services limited preview services or new features to existing Services in a pre-release version which are designated as Beta Services. If You choose to use any Creative Media or Third Party Beta Services, then Your use of the Beta Services is subject to the following terms and conditions: You acknowledge and agree that the Beta Services are pre-release versions and may not yet work properly You agree that Your use of the Beta Services may expose You to risk of operational failures; The Beta Services are provided as-is, so We do not recommend using them in production or mission critical environments; Creative Media reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; Creative Media may limit availability of customer service support time dedicated to support of the Beta Services; You agree to provide timely feedback regarding Your experience with the Beta Services in a way that is reasonably requested by us, including information necessary to enable us to duplicate errors or problems You experience. The Beta Services are provided as is and with all faults as is common throughout the industry. .

PAYMENT TERMS

You agree to pay all amounts due for Services in a timely fashion, time being of the essence according to the invoiced payment date due. Late payments may be subject to interest as allowed by the laws of England and Wales.

Creative Media reserves the right to change its prices and fees at any time, and such changes shall be posted online and emailed to and effective immediately without need for further notice to You.

RIGHTS TO NON-HARRASSMENT

Creative Media expressly reserves the right to terminate, without notice to You, any and all Services where, in Creative Media's sole discretion, You are harassing or threatening Creative Media and/or any of Creative Media's employees. All monies due to that point shall be paid time being of the essence.

PROTECTION OF YOUR DATA

Creative Media offers certain hosted Services available to You that may involve the submission, collection and/or use of personally identifying or identifiable information about You and Your own customers Your Data in the course of Your use of these Services Covered Services.

Your Data will be protected by mechanisms to ensure Your Data meets with compliance under applicable data privacy laws and GDPR and the Data Protection Act 2018.

We may collect, hold, use and disclose the information collected to compile statistical data and to; maintain our database; develop/improve Your Website; respond to any email enquiries and notify You of any problems.

We will not use or disclose Your information for any other purpose which is not related or in the case of sensitive information, directly related to the above purposes without Your consent, unless otherwise authorised, required or permitted under the laws of England and Wales.

In the case of Third Party Data Breaches We will seek to notify you at the earliest reasonable instance and to take such measures as to reasonably limit the breach and build a timeline of the breach for later investigation. And furthermore You will ensure at all times that you exercise best practice in the protection of Your own data.

LINKS TO THIRD-PARTY WEBCOMPANY SERVICES

This Company Services and the Services found at this Company Services may utilise third-party Web Company Services that are not owned or controlled by Creative Media. Creative Media assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party Web Company Services. By using this Company Services You expressly release Creative Media from any and all liability arising from Your use of any third-party Web Company Services, such as Magento™.

Accordingly, Creative Media encourages You to be aware when You leave this Company Services or the Services found at this Company Services and to review the terms and conditions, privacy policies, and other governing documents of each other Web Company Services that You may visit and utilise.

LIMITATION OF LIABILITY

In no event shall Creative Media, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever at all.

In addition, you specifically acknowledge and agree that in no event shall Creative Media’s total aggregate liability exceed £500 GBP.The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this company services or the services found at this company services.

DISPUTES,

You and Creative Media further agree to arbitrate any dispute as laid out in the Arbitration Act of 1996 and referring all disputes to a Tribunal under said Act before any recourse to other legal remedies.

In the event of a Dispute, You or Creative Media must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested the Dispute Notice. The Dispute Notice to Creative Media must be addressed to: Creative Media Productions Limited Admirals Quarters, Portsmouth Road, Thames Ditton KT7 0XA the Creative Media Notice Address.

The Dispute Notice to You will be sent by registered or signed for mail to the most recent address We have on file or otherwise in our records for You. If Creative Media and You do not reach an agreement to resolve the Dispute within sixty 60 days after the Dispute Notice is received, You or Creative Media may commence an arbitration proceeding pursuant to this Section. This dispute mechanism shall not include unpaid monies due to Creative Media which are covered elsewhere in this Agreement and which are subject to payment in the invoice terms and time being of the essence.

SUCCESSORS AND ASSIGNS

This Agreement cannot be assigned or transferred to any other party, entity or jurisdiction.

APPLICABLE LAW

This Agreement shall be subject to the laws of England and Wales with its final court being the High Court in London.

Errors and omissions excepted E&OE

Creative Media Productions Limited December 2020