Holistic Websites stand by a code of chivalry based on honour, honesty and loyalty. It is our aim to provide you with the best possible service and to exceed your expectations.

APPLICATION OF THESE TERMS

These terms and conditions shall apply in respect of all goods and services we supply whether specified on the website, in writing or otherwise.

Except to the extent that these terms and conditions are varied by mutual consent, they together with any plan mutually agreed upon shall constitute the entire agreement between us and shall prevail over your own terms and conditions.

You agree that in entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.

PRIVACY POLICY

Holistic Websites takes your privacy seriously. In general, any personal information that we collect from you will only be used to identify personal preferences and match your needs with relevant products to help process any orders that you may make through our website.

All personal data provided to us will be used in accordance with data protection laws and our privacy policy.

We will never share your details with anyone else but we may contact you at some point in the future to share relevant information. In most cases this will be by email. If you don’t wish to receive this information you can opt out at any time by the click of a button.

 OUR PROMISE

We will use all reasonable care and skill in providing the services you order under this agreement, but we do not guarantee any results of the services. Any decision you make having received any of our services are your own and you remain wholly responsible for any decisions and actions you take.

CONSENT  

Your use of this website signifies your consent to us collecting and using personal information about you as specified below in accordance with this Policy. Should we choose to change our Policy for any reason; the changes will be posted here, so that you are always kept informed of how we collect and use your personal information, and when we may disclose it.

TRAFFIC DATA

We may provide aggregate statistics about our sales, customers, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you.

OTHER DISCLOSURES

Holistic Websites reserves the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.

HOW DO WE PROTECT YOUR INFORMATION?

Holistic Websites has strict security procedures covering the storage and disclosure of your information in order to prevent unauthorised access and to comply with the Data Protection Act 1998. This means that sometimes we may ask you for proof of identity before disclosing any personal information to you. Any payments made online are done so through PayPal or by bank transfer with no information being held by us.

 COOKIES

A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. On revisiting this site our computer server will recognise the cookie, giving us information about your last visit. Most browsers accept cookies automatically, but usually, you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use many features of our website.

DELIVERY

The Service shall be delivered to you in accordance with the brief agreed to at the outset of the project either through the website, phone calls, meetings and/or in written proposals. Any changes to this brief must be agreed in writing by both parties (preferably before the start of the project) and may incur additional fees.

Any times and dates given for delivery of the Service are estimates only. Where applicable, more specific plans, dates and times will be given closer to the delivery due date.

On completion of the service and having received any outstanding fees, we will make available to you the service as specified in the agreed brief.

ACCEPTANCE and CHANGES

The Service shall be made available for acceptance at agreed stages. At each agreed stage changes to the Service shall only be permitted to the extent that such changes are consistent with the brief.

Beyond completion of the service we will allow the ‘One Hour Rule’. By this it is meant that any change or alteration to a completed project that we deem will take less than one hour, will not be charged. (This does not apply to websites)

A websites completion is deemed to have taken place with the clients request to make the site live. Changes thereafter are chargeable. (Please note that whilst we take all due care and attention in building and developing websites, it is the clients responsibility to supply and check their content and website before requesting it goes live.)

Other than as stated in the clause above, changes to the brief or otherwise that result in additional work being carried out will be chargeable at the relevant daily rate; this shall include the following:

  • Changes that result from inaccurate or misleading information having been supplied by you in preparation of the brief
  • Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the Service
  • Changes that result from a significant change to the brief
  • Additions to the original brief in the form of extra variations or edits of the originally planned piece such as shorter ‘highlights’ edits or specific web versions that are not agreed at the outset.
PAYMENT

Payment terms will be set out in the brief/quotation/plan/invoice issued by us to you.

Where payment terms are not set out in the relevant brief/quotation/invoice and the total fee for our service is under £500, the total fee shall be payable in full from the outset. If the total fee is over £500, a 50% deposit of the total fee may be paid from the outset. The remaining 50% will be payable on completion of your project. (This is dependent on agreement and subject to a minimum deposit payment of £500)

Payment will be deemed received when it is represented by cleared funds. Time for payment shall be of the essence. We reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. Any fees incurred by us in recovering payment will be chargeable.

Payment is to be made in Pounds Sterling and made in full without any discount deduction, set off or abatement. Your completed project will only be made available to you on receiving the full payment.

Secure payments can be made through bank transfer or Pay Pal with no bank details being kept by us. We will provide you with our bank details through our correspondence with you.

EXPENSES

Any prices mentioned on the website are subject to confirmation by us and are subject to additional costs that may be incurred by us in providing you the service. All reasonable expenses incurred by us in providing the Service are included in your quote. In the absence of prior notification of expenses the following rates shall apply:

Travel – Mileage will be charged at 50p per mile. The first 50 miles are FREE. Accommodation – Where necessary overnight stays are chargeable at £97 p.p.p.n.

CHANGES and CANCELLATIONS (Filming)

Production dates and plans are agreed in advance and confirmed by you.

Changing these dates and plans at short notice can be problematic and whilst we will endeavour to accommodate your requests, you may be charged to cover any additional costs we incur.

Additionally, where these dates and plans are changed, whether due to a request from you or due to an amendment by you that results in a change, the following additional fees will apply:

Within 7 days of the shoot date – £100

Within 72 hours of the shoot date – £150

Within 24 hours of the shoot date – £250

 Cancellation of our services is subject to the following charge:

 Within 28 days of the production date – 25% of the deposit

Within 21 days of the production date – 50% of the deposit

Within 14 days of the production date – 75% of the deposit

Within 7 days of the production date – 100% of the deposit

Where the total fee paid for our service is under £500, this will be classed as the deposit.

If you, your representative or any person or persons who are outlined in the agreed brief to be available for a shoot, fail to show at the arranged shoot location on the date and time specified in the planning, all fees are forfeited.

Cancellation by Holistic Websites:

We reserve the right to change production dates, locations or cancel any production at any time without liability. If we do have to cancel anything for any reason you will be contacted immediately and be offered the choice of an alternative date or a full refund. To date, we have never let our clients down.

CHANGES and CANCELLATIONS (Websites)

Please inform us of any changes to the brief as soon as possible. Whilst we will endeavour to accommodate your requests, you may be charged to cover any additional costs we incur in changing the agreed brief.

Where there are changes, whether due to a request from you or due to an amendment by you that results in a change, we reserve the right to change and amend the completion date and other agreed services in the brief. Significant amendments that require extra work to be carried out that were not originally in the brief will incur a fee based on our extra costs to deliver the service.

Cancellation of our service shall be given in writing to us by you as soon as possible and be subject to the date of cancellation and the amount of work completed up to this date. Any work carried out and materials purchased to fulfil our agreement with you up to this date will be changed for. If the deposit does not cover this you will be changed accordingly.

 CHANGES and CANCELLATIONS (Packages)

Any changes or cancellations to a package that combines our filming and website services are subject to the filming and website conditions above.

Cancellation by Holistic Websites:

We reserve the right to change completion and production dates, locations or cancel any production and/or service at any time without liability.

If we do have to cancel anything for any reason you will be informed immediately, be offered alternatives or a full refund.

SCRIPT & COPYWRITING

The script and copyrighting service is subject to you informing us of the correct details.

Please inform us of any changes to the brief as soon as possible. Whilst we will endeavour to accommodate your requests, you may be charged to cover any additional costs we incur in changing the agreed brief.

Where there are changes, whether due to a request from you or due to an amendment by you that results in a change, we reserve the right to change and amend the completion date and other agreed services in the brief. Significant amendments that require extra work to be carried out that were not originally in the brief will incur a fee based on our extra costs to deliver the service.

Cancellation of our service shall be given in writing to us by you as soon as possible and be subject to the date of cancellation and the amount of work completed up to this date. Any work carried out and materials  purchased to fulfil our agreement with you up to this date will be changed for. If the deposit does not cover this you will be changed accordingly.

UNFORSEEN EVENTS

We are entitled to delay or reduce the level and/or scope of service(s) if we are prevented from or hindered or delayed in obtaining or delivering the services as a result of any circumstances beyond our reasonable control.

SAFETY and INSURANCE

Where the shoot or any work carried out by us shall take place at your premises or a location designated by you, the responsibility for ensuring said location is safe and that adequate insurance is in place shall be vested in you.

INTELLECTUAL PROPERTY

All materials provided by the Client and the copyright, design rights and trademarks therein shall remain the property of the Client. We shall use such materials under licence for the sole purpose of completing the Project.

The Client warrants that they have obtained all relevant permissions and rights for the use of any materials that they provide that are owned by or were otherwise created by a third party.

We shall bear no responsibility for ensuring that Site Materials supplied by the Client carry with them the appropriate third party permissions for use and reproduction.

This Agreement does not transfer or grant us any right, title or interest in any intellectual property rights belonging to the Client.

MATERIALS

Unless it is specified otherwise in the Project Specification or otherwise agreed in writing by the Parties, all text shall be provided by the Client in electronic format and all photographs and other graphics shall be in electronic format. We shall not be responsible for poor quality images, spelling or grammatical errors where they are a direct result of the supply from the Client.

The Client shall make all required materials available to us in a timely manner.  We shall not be liable for any delays caused by the Client’s failure to comply with this clause.

We shall use our best and reasonable endeavours to return to the Client all materials and other material originally supplied by the Client, however, such return is not guaranteed and we shall not be liable for any loss or damage to such material.  It is the Client’s responsibility to ensure that appropriate backups are made.

No material submitted by the Client should consist of anything which may, under the laws of England and Wales, be deemed immoral, offensive, obscene or illegal. We reserve the right to reject such materials and are under a positive obligation to inform the relevant authorities of the Client’s possession of such material.

HOLISTIC WEBSITES – COPYRIGHT POLICY

Holistic Websites employs a fair approach to copyright. All copyright vested in the media produced by us shall be assigned to you subject to the following:

  1. Payment in full is received from you for all outstanding invoices;
  2. You grant us a royalty-free licence to use all copyright in the media produced by us for our own promotional purposes such as on our website or otherwise;
  3. All design concepts such as logos, photographs, videos, themes, plans, models together with all copyright in any music and script shall remain vested in us and shall be made available to you on licence save that you shall only be permitted to use such material and design concepts for the purpose identified in the brief;
  4. Our enforcement of the above conditions is subject to our adherence to the Storage Policy as outlined below.

Storage Policy

All media produced by us on your behalf will be stored on professional format digital media. All footage on hard drives is retained at our studio until completion of the post-production process.

Following sign off, all files and footage will be made available to the client on their request. These files can be placed on their own, separate hard drive at the clients expense. We will maintain the files on our system for 21 days after the project sign off date, after which time we reserve the right to delete any data or projects held.

WARRANTIES and LIABILITY

We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.

We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.

Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were within the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.

Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.

You agree to indemnify and hold us harmless from all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.

Any claim that you may have against us must be notified to us in writing within one month of the claim arising.

We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or subcontract.

If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.

Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.

The terms of the Contracts (Rights of Third Party) Act 1999 shall not apply to these terms and conditions.

These terms and conditions shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.

CUSTOMER FEEDBACK and COMPLAINTS

We welcome your questions, queries and comments about any matter regarding Holistic Websites. Should you have such comments please send an email to holistic@silverknightmedia.com

Holistic Websites is a trading name of Mark Watkins.