Epoch Digital - TERMS & CONDITIONS (January 2008)

As a user of our website or services, you are acknowledging that any use or transactions made by you are subject to our Terms and Conditions below which include links to other sections, which may be of interest to you: Refund Policy and Privacy Policy.
Please read these Terms and Conditions carefully before using our website. It is also advisable to print a copy of these Terms and Conditions as well as read our Privacy Policy, which relates to the personal information we may have in relation to you as one of our customers.

1. HOW TO ORDER
• Online – You can order any of the products you have seen directly through our website from our contact page.
• By Telephone - Call 0845 25 777 35 between 9.30am to 6.00pm, Monday to Friday (excluding bank holidays).
• Please note if you place an order over a bank holiday weekend, your order will not be processed until the next working day after the bank holiday.

2. THE PROCESSING OF ORDERS
a- The following structure will be adhered to on all orders: Proposal/order – Quote – Acceptance – Delivery – Invoice – Payment.
b- Each Proposal/order must be highly detailed by the customer. Failure to submit fine details will result in Epoch Digital working to what we feel is appropriate for the work. If this work is requested to be altered after the work is complete or during the construction, it will be classed as an addition to the order.
c- Documents sent to Epoch Digital for the use of producing work must be spell/grammar checked by the customer. Epoch Digital cannot alter customer documents and cannot be held responsible if spelling/grammar mistakes are reproduced in the work. Only in the event Epoch Digital is at fault for the mistakes will they be rectified without charge.
d- Once an order is placed any changes to the order will either, depending on the progress of the original order, result in a re quote for the remaining work or be dealt as an addition to the original quote and charged accordingly. This addition will be processed after the original order is completed and dealt as a separate order.
e- Epoch Digital tries to maintain its business as a paperless operation, due to this, quotes and invoices are delivered via email in a PDF format.
f- Work will never be carried out until the acceptance of a quote.
g- Quotes are valid for 2 weeks only. Acceptance after this date may result in a re-quote.
h- An acceptance of a quote also confirms you have read, understood and agree to these terms and conditions.
i- Service invoices such as maintenance agreements or website hosting will be automatically processed at the end of each year and an invoice sent accordingly. Cancellations of such services must be given in writing no later than 3 months from the date of renewal and subsequent invoices will be stopped.

3. PAYMENTS
a- Payments are taken in: Cash, cheque, postal order or bank transfer.
b- Cheques/postal orders are payable to Epoch Digital.
c- Payments are due within 7 days from the printed date on the invoice, unless a special arrangement is stated on the invoice and arranged prior to the order/proposal process.
d- Invoices lapsing over the due date will be subject to a single £30 administration charge plus a daily interest rate to the value of the invoice at 8% over the Bank of England base rate, as per "Late payment of commercial debts act 1998". Your debt may also be passed to a credit collection agency for chasing of payment with collection costs added. This debt process is not reversible or refundable.
e- Epoch Digital does not offer credit to customers unless a project has defined as such and agreements have been signed and adhered to.
f- If an invoice is overdue (clause 3c) or a dispute is raised beforehand, in addition, Epoch Digital will be granted permission by default to remove or collect any work given and hold any previous or remaining work, until the invoice and other costs are paid in full. This clause does NOT render the invoice null, all debts must be paid immediately and work will be returned once payment is cleared. Restricting access to these files during this period is deemed as theft, as Epoch Digital is the rightful owner of all work until the invoice is paid in full, delays such as this may result in further charges to the invoice or actions as stated in clause 3d.

4. RETURNS AND REFUNDS
a- In the unlikely event that you feel Epoch Digital has not produced what was asked for in the Proposal, we will be happy to walk through each stage of the proposal and correct anything that both parties feel is not what was requested without charge. These alteration requests must be submitted by you in writing/email, before 1 working day has elapsed from date of invoice. After this time Epoch Digital is given acceptance of the work by default.
b- Due to the digital nature of the work being delivered, after acceptance of a quote, Epoch Digital cannot accept work being returned or cancelled for a refund. Once a quote is accepted Epoch Digital will start producing the work and you agree to pay in whole for the invoice.

5. INTELLECTUAL PROPERTY
a- By agreeing to these Terms and Conditions, you acknowledge that all copyright notices, trademarks and all other intellectual property rights within our products and/or content made available as part of your use of this website shall remain, at all times, vested in us or our licensors. You are only permitted the use of these materials only as expressly authorised by our licensors and us.
b- By using our website you acknowledge and agree that all content within the site is only available for your personal non-commercial use. You can only download this content for the purpose of viewing our website. All material contained on this site remains the property of Epoch Digital which is copyrighted.
c- You further accept that any other use of the content contained within this website is strictly prohibited and also you agree not to (and agree not to assist or facilitate any third party to) reproduce, distribute, transmit, display, copy, publish, commercially utilize or create plagiaristic works of such content.
d- Website work in the form of coding, created by Epoch Digital or 3rd parties hired for this work, (actionscript (.as and .fla files) or otherwise) will remain the property of Epoch Digital and not given to the customer, as Epoch Digital has its own secret formulas for creating outstanding work. This will continue to be the property of Epoch Digital and the customer has been given right to this code for use and not development of their work. However if the customer requires exclusivity to this coding to be passed to a third party or maintained by the customer, it MUST be requested in writing clearly stating the request for exclusive code, before any work commences (before acceptance) and a quote will be produced accordingly as these are at great value to Epoch Digital to remain professional and a market leader in our fields of expertise. Any attempt to obtain, copy or reconstruct this code is strictly prohibited and therefore deemed as theft and/or copyright infringement.
e- Epoch Digital provides a service to create custom audio music tracks for its customers. These will be created if requested by the customer, for their use only. They will not be given the rights to hire, resell, copy or any other means that is outlined by standard copyright law. Epoch Digital will remain as the copyright owner of this audio music. All other forms of audio sounds will not fall under this clause.

6. INDEMNITY & LIABILITY
a- There is nothing within these Terms and Conditions that excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law. Subject to this, Epoch Digital will use realistic undertakings to ensure the precision of all information contained within the site but makes no representation or warranty of any kind expressed or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Epoch Digital will not be held responsible or liable for any loss of content or material uploaded or transmitted through the website and Epoch Digital will accept no liability of any kind for any loss or damage from action taken or taken due to the reliance on material or information contained on our website.
b- Notwithstanding, subject to the above, Epoch Digital's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall only be limited to the sum equal to the amount paid or payable by you for the individual product(s) on a single invoice. This will be in respect of one incident or a number of incidents attributable to the same cause.
c- This clause in no way affects your statutory rights as a consumer.
d- We will take all realistic precautions to ensure that the details of your order and payment are kept secure. However, unless we are negligent, we will not be held liable for any losses caused as a result of unauthorised access to information provided by you.

7. GENERAL
a- The laws of England will govern the contract between Epoch Digital and you the customer. Any dispute between us shall be resolved firstly between us and in the event of no mutual agreement, in the courts of England. Please note that English is the only language offered for the conclusion of the contract.
b- Epoch Digital may from time to time be required to work in locations requested by the customer for video and photographic purposes. In this instance the customer is responsible for loss or damage to equipment being used by Epoch Digital by having appropriate insurance and also ensuring the correct permissions are obtained for the rights to film/photograph.
c- Epoch Digital is not responsible for degradation of work resulting from a selected location and time for video/photographic work. For example, video may be difficult to produce in poor light conditions and/or poor acoustics. Epoch Digital has the right to notify the customer and suggest the customer find an alternative location or re-shoot/record/overdub portions of the work.
d- Epoch Digital will be under no liability for any delay or failure to deliver products as specified in a quote or invoice, where the circumstances are partly or wholly out of our control.
e- Epoch Digital has the right to refuse work from any customer, new or existing unless a contract is written and signed by both parties. Epoch Digital will fulfil obligations in agreed contracts.
f- Files created or used for any media for a customer will be held for 1 week after an invoice is paid in full. After this time files may be deleted and not recoverable by Epoch Digital. If you require certain files you must indicate to Epoch Digital before this time. Epoch Digital will not be liable in any way for losses of information.
g- On occasion, in an effort to provide better value to our customers, links may be provided to further websites or resources to be accessed at your discretion. You acknowledge that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly for the privacy practices of such websites, the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or, lastly, the use to which others make of these websites, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
h- You must not relinquish or sub-contract your rights or obligations under these Terms and Conditions or any related order for our products to any third party unless agreed upon in writing by Epoch Digital.
i- Epoch Digital reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
j- If any part of these Terms and Conditions are found by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.
k- These Terms and Conditions, which includes the documents or other sources stated therein shall replace all prior representations, understandings and agreements between you, our customer, and Epoch Digital, relating to the use of our website (which includes the ordering of our products) and sets forth the entire agreement and understanding between you and Epoch Digital for your use of our website.
l- We reserve the right to alter these Terms and Conditions at any time. Any changes that are made will take effect as soon as they are displayed on our website – please see date at top. It is your responsibility to read these Terms and Conditions on each occasion you use website and your continued use of our website will signify your acceptance to be bound by the latest Terms and Conditions supplied.
m- If you are not a consumer, you will automatically confirm that you have the authority to bind any business on whose behalf you view and use this website.

It is recommended that you print out a copy of these Terms and Conditions for your future reference. However, if you have any questions, please call 0845 25 777 35