1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Groopvideo Limited a company registered in England and Wales under number 10063108 whose registered office is at 2 Woodberry Grove, Finchley, London, N12 0DR with email address email@example.com; (the Supplier or us or we)
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession
4. Contract means the legally-binding agreement between you and us for the supply of the Services
5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order
6. Durable Medium means email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
7. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website.
9. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order.
10.Website means our website www.groop.video on which the Services are advertised.
11. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied. While the services provided by Groop includes the optimization of raw video footage, it is incumbent on the customer to provide video footage of a reasonable standard which can be used as source material. In the event of a batch of video being received that is so poor it is unworkable, or digitally corrupted in some way, Groop will inform the customer and provide the choice of either restarting the project or refund. Whilst best efforts will be made to include all contributors work there is no guarantee that footage from all contributors will be included within the final video. Groop reserve the right to create what it judges to be the best completed video using the basic material provided by all contributors for a specific project.
12. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Services which appear on the Website are subject to availability.
14. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
15. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
16. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
PERSONAL INFORMATION AND REGISTRATION
17. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
19. We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
BASIS OF SALE
20. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
21. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
22. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation).
23. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
24. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
FEES AND PAYMENT
25. The fees (Fees) for the Services, may be calculated on a fixed price.
26. Fees and charges include UK VAT at the rate applicable at the time of the Order.
27.You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
28. We will deliver the Services to the Delivery Location by the time or within the agreed period or, within a reasonable time.
29. In any case, regardless of events beyond our control, if we do not deliver the Services within a reasonable amount of time, you can require us to reduce the Fees or charges by an appropriate amount. The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
WITHDRAWAL RETURNS AND CANCELLATION
30.You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
31.You can cancel the Contract for services which are made to your special requirements by telling us no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, then we must without delay refund to you the price for those services which have been paid for in advance.
RIGHT TO CANCEL
32. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
33. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of subscriptions, the right to cancel will be 14 days after the start of the subscription.
34. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg email). In any event, you must be able to show clear evidence of when the cancellation was made.
35. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
36. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION IN THE CANCELLATION PERIOD
37. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you.
38.We have a legal duty to supply the services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
39. Upon delivery, the deliverables (Video) will:
• be of satisfactory quality;
• be reasonably fit for any particular purpose for which you buy the services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
• conform to their description.
40. It is not a failure to conform if the failure has its origin in your materials.
41. We will supply the Services with reasonable skill and care.
42. We will provide the following after-sales service: The supplier will support the customer in the creation of a complete video for the customer’s consumption or posting onto external media.
43. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
DURATION, TERMINATION AND SUSPENSION
44. The Contract continues as long as it takes us to perform the Services.
45. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
• commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
• is subject to any step towards its bankruptcy or liquidation.
46. On termination of the Contract for any reason, any of our respective remaining rights and
liabilities will not be affected.
SUCCESSORS AND OUR SUB-CONTRACTORS
47. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
48. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
49. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession. The suitability of any digital content provided by groopvideo from a customer’s raw video files will be judged suitable for use for the business by the customer. The customer agrees that any publication or dissemination of the materials from Groopvideo ltd is wholly the customer’s responsibility.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
50. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
51. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
52. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 days Via the firstname.lastname@example.org email address. If appropriate a support operator may wish to speak with the customer directly and may ask for the customer’s contact telephone number to facilitate this.