Terms and Conditions
These are the general terms and conditions of South West Film for use of this website and consultancy. Please read these terms and conditions carefully. Your use of the Site and our services will be subject to these terms and conditions.
South West Film may change these terms and conditions from time to time. By contacting South West Film, you are accepting that you are bound by the current terms and conditions. You are therefore responsible for checking these terms when contacting South West Film.
YOU SHOULD PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND ALL UPDATES TO THESE TERMS AND CONDITIONS.
In these terms and conditions the following definitions apply:
Service / Services any information and services provided by South West Film through or via the Site
Site means the South West Film web site located at www.southwestfilm.co.uk
2. What you are allowed to do
2.1 You may use the Service for personal use and in accordance with these terms.
browse the Site using a compatible web browser. Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you; and
3. What you are not allowed to do
3.1 Except to the extent expressly set out in these terms, you are not allowed to make any copies of any part of the Site.
3.2 You may not remove or change anything on the Site except your registered details or include or create links to or from the Site.
3.3 You are not allowed to copy or use any material from the Site for any commercial purpose.
3.4 You are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site.
3.5 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Service to:
(a) send, post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful;
(b) send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
(c) harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors;
(d) impersonate anyone else or otherwise misrepresent your identity or status;
(e) hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of South West Film;
3.6 South West Film accepts no obligation to monitor the use of the Site. However, South West Film reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. South West Film will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
4. Your personal information
Usage of your personal information is governed by South West Film’s Privacy Statement, which forms part of these Terms and Conditions.
5. Consultancy Fees & Intellectual Property
5.1 By contacting South West Film, you automatically enter a non-disclosure agreement with South West Film.
5.2 Cancellation of jobs. If you cancel a job you have commissioned, you must give us a minimum of 2 days notice. Cancellations within 24 hours of the work will result in being charged for the cost of the filming day.
5.3 All ideas and concepts discussed between South West Film and the client remain the intellectual property of South West Film regardless of employment or commission between the two parties. The illegal use of any intellectual property will result in legal action.
All intellectual property rights in any material (including text, video, photographs and other images and sound, trade marks and logos) contained in this Site are either owned by South West Film or have been licensed to South West Film by the rights owner(s) so that South West Film can use this material as part of its Site. You are only allowed to use this Site and the material contained in the Site as set out in these terms and conditions.
7. Disclaimer and limitation of liability
7.1 South West Film does not, and nothing in these terms and conditions shall act to, exclude or limit South West Film’s liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these terms.
7.2 Subject to clause 7.1, in no event shall South West Film be liable (whether for breach of contract, negligence or for any other reason) for: any failure by you to contact an advertiser of a position of employment or to secure a position or employment, loss of salary, loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
7.3 You agree that your use of the Service is on an "as is" and "as available" basis and that your use of the Service is at your sole risk. On that basis, except as expressly set out in these terms, South West Film does not enter into any conditions, warranties or other terms in relation to the Site or the Service and in particular none as to any contents or accuracy of any advertisement for any position of employment (including any implied term relating to quality, fitness for a particular purpose or compliance with any codes or laws relating to advertising, employment or discrimination).
7.4 South West Film may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
7.5 The Site may include links to external sites. If so, South West Film has included links to these sites to provide you with access to information and services that you may find useful or interesting. South West Film is not responsible for the content of these sites and pages or for anything provided by them.
7.7 South West Film is not liable for any action you may take as a result of relying on any advertisement for a position of employment or any other information provided in this Site.
8. Suspension and termination of Service
8.1 South West Film may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any sites or pages linked to it will be not necessarily be uninterrupted or error free.
9. Enquiries or complaints
10. General and governing law
10.1 South West Film may change these terms and conditions from time to time. By accessing the Site you are accepting that you are bound by the current terms and conditions. You should therefore check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. South West Film may delay enforcing its rights under these terms and conditions without losing them. You agree that South West Film may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
10.2 South West Film will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which South West Film cannot reasonably be expected to control.
10.3 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
If production is confirmed and agreed and subsequently cancelled by the client, the client will still be liable for payment if the commencement date fulls within 28 days of the notification to cancel. Any money already paid will not be refunded under any circumstances.