Terms

Date of last revision: 19th January, 2018

These Terms and Conditions (“Terms”, “Terms & Conditions”) supersede all previous representations, understandings or agreements and covers to all website, media content creation services provided by Soar Productions Limited (“us”, “we”, or “our”) to our Client. The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions, Soar Productions Limited will carry out work only where an agreement is provided either by email or mail. Payment online is an acceptance of our terms and conditions.

Acceptance

It is not necessary for any Client to have signed an acceptance of these Terms and Conditions for them to apply. If a Client accepts a Quotation then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Definitions and 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 “Soar Productions UK” 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

Contract

The Client will be given a Contract for the Services after the Quotation discussion. The Contract contains description of project outline, due date, confidentiality, rights, payment, revisions and cancellation.

The Contract 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 contract. 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.

Client Review

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.

Website

Turnaround Time and Content Control

Soar Productions Limited will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Soar Productions Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by Soar Productions Limited.

In return, the Client agrees to delegate a single individual as a primary contact to aid Soar Productions Limited with progressing the commission in a satisfactory and expedient manner.

During the project, Soar Productions Limited will require the Client to provide website content; text, images, movies and sound files.

Failure to provide required document and content

Soar Productions Limited is a small business, to maintain our quality service and remain efficient we must ensure that work we have programmed is carried out at the scheduled time. The Client agrees to provide any needed information and content required by Soar Productions Limited in good time to enable us to complete a design or website work as part of an agreed project.

We ask that you prepare all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 20%. If your project involves Search Engine Optimisation (SEO) we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within two weeks at our request, we reserve the right to close the project and the balance remaining becomes payable immediately. 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 Contract 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

Charges for services to be provided by Soar Productions Limited are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days. Soar Productions Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all services is required a deposit of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. 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 online or through bank transfer. Bank details will be made available on invoices.

Additional Expenses

Client agrees to reimburse Soar Productions Limited for any additional expenses necessary for the completion of the Services, such as (but not limited) to purchase of special fonts, stock photography, transportation cost for 85 miles away from Derby or outside London etc. These additional expenses will be discussed and should be included in the Contract.

Web Browsers

Soar Productions Limited makes every effort to ensure websites are well designed and suitable to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Safari, Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Soar Productions Limited cannot guarantee correct functionality with all browser software across different operating systems.

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

Default

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 Soar Productions Limited’ website storage, Soar Productions Limited will, at its discretion, remove all such material from its website storage. Soar Productions Limited 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 £50 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 Soar Productions Limited reasonable expenses, including legal fees and costs for collection by third party agencies, incurred by Soar Productions Limited in enforcing these Terms and Conditions.

Termination and Cancellation

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 design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All Soar Productions Limited services may be used for lawful purposes only. You agree to indemnify and hold Soar Productions Limited harmless from any claims resulting from your use of our service that damages you or any other party.

The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.

Copyright

The website, graphics and any programming code remain the property of Soar Productions Limited until all outstanding accounts are paid in full. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Soar Productions Limited the rights to publish and use such material. The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

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 Soar Productions Limited permission and rights for use of the same and agrees to indemnify and hold harmless Soar Productions Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. The Contract for website design and/or placement shall be regarded as a guarantee by the Client to Soar Productions Limited that all such permissions and authorities have been obtained. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Evidence of permissions and authorities may be requested.

Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via 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 Soar Productions Limited 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.

Third Party Access Requirements & Terms

If the Client’s website is to be installed on a third party server, Soar Productions Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google Maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.

Rights to refuse

Soar Productions Limited reserves the right to refuse to handle any media that is:

  • unlawful or inappropriate;
  • contains a virus or hostile program;
  • contains harassment, racism, violence, obscenity, harmful intent or spamming;
  • constitutes a criminal offence, or infringes privacy or copyright.

Post-Placement Alterations

Soar Productions Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names

Soar Productions Limited may purchase domain names on behalf of the Client. Payment and renewal of one domain name per project is included in the website hosting package. Soar Productions Limited cannot purchase any domains that is already purchased. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Soar Productions Limited. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.

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 Management

Website Management is defined as helping a client to organise and update their website contents on a limited service basis. Soar Productions Limited will honour be providing an agreement to a minimum 1-year contract is served and monthly, quarterly or yearly 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.

Website Hosting

Website hosting is defined as helping a client to host their website. Soar Productions Limited offers limited hosting services by buying cloud services from Paragon Internet Group t/a Vidahost, we will be providing an agreement to a minimum 1-year contract is served and monthly, quarterly or yearly 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. Soar Productions Limited will use every effort to ensure the service is operating, and if the server requires maintenance or experience downtime, Soar Productions Limited will notify the Client as soon as possible and perform those maintenance outside office hour. In the event when our server is under attack and hacked, we will notify the Client within 48 hours for our Clients to notify their customers.

Website Design Credit

The Client agrees that Soar Productions Limited may include development credits and links within any code Soar Productions Limited designs, builds or amends. Either a small type or by a small graphic that suits the site design will be placed at the footer of the Client’s website. If it is a video production, a small type and small graphic will appear at the very end of the video promotion or in the video description with a link to Soar Productions Limited website.

The Client also agrees that the website development and the media projects produced for the Client may be presented in Soar Productions Limited website as clients, case study and can be used to promote our Services through our social media. The Client can request not to promote their business through social media prior to the completion of the Services.

Governing Law

This Agreement shall be governed by English 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.

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 invalid.

Backup

Soar Productions Limited will keep a copy of the site and design source files when a website project is being worked on for six (6) months. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.

Confidentiality

Soar Productions Limited adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.

Soar Productions Limited and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about Soar Productions Limited to another party, unless agreed by us.

Complaints Procedure

If you experience a problem with their web service provided by Soar Productions Limited, you should directly send your complaints through our contact form or to info@soar.productions. Please include sufficient information for Soar Productions Limited to locate the material and clearly outlining the grounds for complaints. At Soar Productions Limited, we value every opinion and idea. We will be responding promptly to the individual and resolving the matter to the satisfaction of the complainant.

Privacy Policy

Soar Productions Limited and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the General Data Protection Act 2016. This information will also be only used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.

Statutory Rights

These Terms and Conditions do not affect your statutory rights as a consumer.

Others

If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, then the Client agrees that the Developer can apply a nearest available alternative solution.

Changes to Terms and Conditions

Soar Productions Limited reserves the right to edit any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.

Contact Us

If you have any questions about these Terms, please contact us.