E & R s.c.p. Terms and Conditions of Contract
As at 1st of July 2008:
1. Unless agreed otherwise in writing, 50% of the invoice as a deposit must be
paid after terms of contract are agreed and at least 14 days prior to
commencement of work. The
remaining 50% shall be payable on completion of the
video or multimedia project.
In relation to specific contracts, these figures or
terms may be varied as set out in
the respective contract.
2. For invoices over Euro 1000 E & R s.c.p. will issue an invoice for payment as
each sum becomes due, to be paid within 21 days of the date of that invoice.
3. For invoices under Euro 1000 E & R s.c.p. may require payment upon
completion
of transfer of goods or services to the purchaser.
4. E & R’s fees shall be exclusive of disbursements and expense items related to
the
agreed programme such as postage, overseas telephone charges,
photography and
prints, disk or tape duplications, creation of audio and video
streaming files, fax
charges and similar items which will be invoiced to the
client on the relevant
project, or separately as necessary.
5. If payment is not received within 30 days of the invoice date, E & R s.c.p.
will automatically charge interest at a rate of 8% per annum, which will be
added
to the customer’s account.
6. Payment may be made by bank transfer, creditcard (Mastercard® or Visa®)
or
cash to E & R s.c.p.
7. The customer’s requirements must be clearly provided to E & R s.c.p. in
writing before commencement of work and subject only to one set of
minor
alterations thereafter.
8. Major alterations to a project or order, not agreed prior to the
commencement
of work, must be made subject to a further written agreement.
9. A video programme will only be publicly released by E & R s.c.p. once the
customer approves all content as complete and satisfactory and confirms this in
writing.
10. A customer may terminate the contract at any time by written notice of
termination.
11. When a customer terminates the contract, they will remain liable to pay in
full for
all work previously undertaken and in progress by E & R s.c.p. unless
any other
written agreement is reached in advance.
12. Any monies (excluding the deposit) held on account and unused will be
returned
subject to a 5% administration charge.
13. E & R s.c.p. reserves the right to refuse to use, publish or broadcast any
information it considers obscene or morally unsuitable or which would
breach
copyrights, or which is libelous, defamatory or illegal.
14. Should such a submission occur, the customer will be advised which
information
was deemed unsuitable, and requested to amend the information. If
the customer can
show good reason to use the "unsuitable" information, its
inclusion may be considered.
15. E & R s.c.p. cannot be held liable for loss or damage caused as a result of
third party action or failure nor of the use of this website and its content.
16. E & R s.c.p. cannot be held liable to any party for any errors on any medium
after the customer has agreed in writing that the content is correct and
accurate
and should be posted, published or broadcast.
17. Customer contracts may be modified by agreement in writing at any time
to
add or delete services to better fit the customer’s needs.
18. If a project requires additional content this is, in effect, a contract
change. An amendment will be made to the original contract and, once approved,
becomes contractually binding.
19. E-mail correspondence shall be sufficient to prove changes to agreements for
the form and content of programmes.
20. E & R s.c.p. will not commence work on any project until a signed purchase
order or equivalent signed document has been provided by the client.
21. In consideration of, and subject to, the final payment of full fees due to E
& R s.c.p.
by the customer, E & R s.c.p. hereby assigns to the customer with
full title
guarantee all the present and future copyright and other intellectual
property rights howsoever arising in the content.
22. The copyright for content, that has been purchased by E & R s.c.p. to
the
use of publishing it via media such as DVDs, CD-roms, internetwide or otherwise
belongs enitirely to E & R s.c.p. unless proclaimed differently in a written
amendment.
23. Any confidential or proprietary information which is acquired by E & R s.c.p.
from a client company, person or entity will not be used or disclosed to any
person or entity,
except when required to do so by law. If required, E & R s.c.p.
will sign and
adhere to the conditions of any Confidentiality Agreement used by
the client.
24. Any contract requiring E & R s.c.p. to work to specific deadlines provided
within the written agreement will be deemed to include a proviso that the
clients will make themselves reasonably available to communicate with E &
R s.c.p., its
servants or agents, as necessary.
25. Any claims must be made in writing to E & R s.c.p. within 14 days of
receipt of goods. If no claim is made within this period the client is
deemed to
have accepted the goods at the agreed price.
26. Orders via the internet by private customers can be withdrawn within
14 days according the law. This excludes immediate downloads.
27. Should the customer have cause to make any complaint about service or
programmes the complaint, if put in writing, will be acknowledged by E & R
s.c.p.
within 14 days and a detailed reply will be issued to the customer within
a further 28 days thereafter. In cases of complaint, all relevant work together
with invoice and original materials should be returned to E & R s.c.p.
28. E & R s.c.p. shall be under no liability if unable to carry out any
provision
of the contract for any reason beyond its control including (without
limiting the foregoing)
Act of God, legislation, war, fire, flood, drought,
failure of power supply, lock-out, strike or other action taken by suppliers or
owing to any inability to procure materials required for the performance of the
contract. During the continuance of such a contingency the client may, by
written notice to E & R s.c.p., elect to terminate the contract and pay for work
done and materials used but subject thereto shall otherwise accept delivery when
available.
FABWINDOW Website Disclaimer:
This is the website fabwindow of E & R s.c.p. All content of this website
including photographs, graphics, text, downloadable files, audio, music, logos,
icons, images and software are the property of E & R s.c.p. and its owners,
unless otherwise specified,
and are protected by spanish and international
copyright laws. All mentioned and
displayed brands and logos - like the DVD logo, the PS3 etc. - are registered trademarks of their respective owners and
copyrightholders.
Any use of this material, including the reproduction, modification, distribution,
transmission, republication, display or performance of site contents is strictly
prohibited without the express written consent of E & R s.c.p. and its owners.
The content of this site is provided for informational use only and E & R s.c.p.
does not assume responsibility for inaccuracies or errors.
We only collect the e-mail addresses of visitors who communicate with us via
e-mail, (non-personal) information volunteered by the visitor, such as
information
submitted via our contact forms.
The information we collect is used to improve the content of our website, to
notify visitors about updates to our Website and to notify visitors about new
services and/or events. This information is not shared with other
organisations
for commercial purposes.
Persons who supply us with their telephone numbers online will only receive
telephone contact from us with information regarding orders or
queries they have
transmitted electronically.
External Links: The fabwindow website may contain hyperlinks to client and/or
other external websites. E & R s.c.p. has no control over the information
contained, displayed or collected on external websites and cannot be held
responsible for
their content. Visitors to external websites should consult the
relevant Privacy
Policies and Terms of Use found on these websites.
Contact address: E & R s.c.p.,
Achim Gilbert Eckhardt
Calle Alcalde Fco. Alemán Navarro 4,
35100 Maspalomas / Spain
mail-address: (please ad the @ sign in between) info
fabwindow.com
fax: 0034-928779931
This statement discloses the practices for the entire website. Any changes to
this privacy policy will be posted on this page so that you are always
aware of
what information we collect and how we use it.
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