Terms
General
Acceptance
Definition & Interpretation
In these Terms and Conditions (“the Conditions”) the following expressions shall have the following meanings:
“Agreement” means this agreement comprising the clauses and the Quotation and the Order;
“Annually” means each period of 12 calendar months during the Term;
“Applicable Law” means any law for the purposes of anti-bribery and corruption or anti-money laundering;
“Business Day” means any day outside weekends and UK bank holidays between 9am and 6pm (GMT or BST);
“Charges” means the charges payable by the Customer to Soar Productions Limited for the provision of the Services as set out in Quotation;
“Client” means the company, firm, body or person whose name and details appear on the Quotation to whom Soar Productions Limited is to provide the Services under this Agreement;
“Contract” means the confirmation of the Services requested by the Client, comprising the clauses and the Quotation and the Order;
“Force Majeure” means in relation to either of the parties hereto any circumstances beyond the reasonable control of that party, including but not limited to, any act of God, fire, disaster, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw materials, energy or other supplies, explosion, industrial dispute affecting a third party for which a substitute third party is not reasonably available, breakdown of plant or machinery, computer system failure, flood, severe weather conditions, riots, accident, or any act of any governmental, regulatory or other official body;
“Effective Date” means the date of the Order;
“Interpreter” or “Translator” means the native speakers and linguists used by Soar Productions Limited in the provision of the Services;
“Media” means videography, photography services that are produced by Soar Productions Limited for our Client;
“Original Works” means the content, documents, files, materials and works provided by the Client for the purposes of carrying out the Services;
“Order” or “Purchase” means an order for the Services received by Soar Productions Limited from the Client by way of a purchase order or invoice or written confirmation in response to a Quotation that the Client accepts the Quotation and for Soar Productions Limited to provide the Services;
“Proposal” means the statement of work prepared by Soar Productions Limited and agreed between us and the Client;
“Quotation” means the provision of a price breakdown for Services requested by the Client and which specifies the Charges;
“Requester” means the Client or the service user requiring the Services;
“Services” means the specific service or services requested by the Client, provided to the Client by Soar Productions Limited under this Agreement and set out within the Quotation and in response to an Order;
“Staff” means the natural persons who provide the Services on behalf of Soar Productions Limited, who may be employees of Soar Productions Limited or Sub-contractors, self-employed or supplied by a Sub-contractor;
“Soar Productions Limited” or “The Soar” or “Soar Productions” or “us” or “we” means Soar Productions Limited (company number 11209360);
“Sub-contractor” means an Interpreter, a Translator, a Photographer, a Videographer, a Website Developer and/or a person and/or an agency providing elements of the Services to Soar Productions Limited;
“Translated Works” means the content translated from the Client Materials;
“You” means you as an individual, or if applicable, the company or other legal entity you represent;
“Users” means visitors to this website or the Service who are not registered users;
Services
The Client will be given an Agreement for the Services after the Quotation discussion. The Agreement contains description of project outline, due date, confidentiality, rights, payment, revisions and cancellation. The Agreement will have to be signed digitally or physically and be returned digitally via email. By doing so, the Terms become effective and the Client promises to pay for the Services as discussed. The Client also agrees they have read, understood, and are considered legally bonded to these terms.
Any other services on the order that have not been included in the invoice do not form part of the Agreement. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records. Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.
Revision
Soar Productions Limited will provide the Client with an opportunity to review the appearance and content of the website during the design stage and once the overall website development is completed. The Client will have three (3) free content edits with all the services prior to the completion of the of the project. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Soar Productions.
Limited otherwise within ten (10) days of the date the materials are made available to the Client. The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. Soar Productions Limited agrees to try to match the design as closely as is possible when building the code.
Turnarounds
Failure to provide required content
Simply put, all the above condition says is we will be working alongside together. If you are not prepared to provide us the contents or require a bit more time, please notice us and sign the Agreement when you are ready to do so. NOTE: Text content should be delivered as a plain text, Microsoft Word, iWork Pages or email document with the pages in the supplied document representing the content with relevant pages heading for website development, and title for document translations. Website pages should have the same titles as the agreed website pages. We would not accept PDF documents as to ensure the quality of our service. Contact us if you need clarification on this. You will be given the access to our content management system (CMS) on request for updating contents yourself, this makes sure that your contents are most up to date.
Charges
A second charge of fifty (50) percent of the project quotation total will be due upon completion of the work, prior to upload to the server or release of materials. The payment shall be paid in full within 28 days of the invoice date unless by prior arrangement with Soar Productions Limited. Non-payment will result in legal action being taken if necessary. Payment for services is due through online services or bank transfer. Bank details will be made available on invoices.
Additional Expenses
Termination and Cancellation
Web Browsers
Default
Indemnity
Copyright
Media Delivery
Third Party Access & Terms
Refusal Rights
Post-Placement Alterations
Domain Names
Any modifications needed to the domain name after purchasing the first domain would require additional fee. There will be an additional fee if the Client required the exact domain to be purchased, but this does not guarantee having the domain as the owner of the website can refuse to sell or transfer. The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name are not received by the Client.
Website Hosting
Website Design Credit
Website Management
Governing Law
Liability
Soar Productions Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise;
Loss or damage caused by malfunction of server, the website or any part of it.
The entire liability of Soar Productions Limited 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.