Terms & Conditions of Service

These terms and conditions will form the basis of your contract with ActionVideo, should you choose to employ us, so please read them carefully.

Once a shooting script is agreed we require a 50% deposit prior to commencing filming. On large projects, or contracts that span more than one year, the amount is negotiable.

Your satisfaction with the end product is our goal. To achieve this we need to be kept as closely informed of your requirements as you can manage. Someone from your company, with overall authority to make any necessary changes, is encouraged to shadow the film crew. This is an excellent practise, as problems can more often be solved on the spot.

Your insurance must indemnify the crew while on location.

If you order services (video filming, video production, video encoding, etc) from ActionVideo you are bound by these terms and conditions.

For full video production contracts, we will issue specific terms and conditions on the video production agreement.

During the ordering process you are asked to read and agree to these terms and conditions. By submitting your order to ActionVideo or its associated brands, you signify your agreement to them.

If you do not agree to these Terms, then please don't submit an order.

Why we need terms and conditions

ActionVideo provides services to many customers. We have a responsibility to protect our services from the adverse effects of other peoples activites. We also have a responsibility to ensure that our customers web sites and email services are available for them to use. This means that we need to limit customers activities to those which are compatible with running a reliable and safe service.

The following terms and conditions were designed to ensure these obligations are met.

Arbitration

ActionVideo will be the sole arbiter as to what constitutes a violation of the provisions described in this document.

Data integrity and backups

We will endeavour to keep backups of your data in order to restore your project if we have a disk failure. However, we provide no guarantee that we will be able to do so. It is in your own interests to keep a copy of your project backed up on your own computer.

If you have an accident with your site we will do our best to help, but we may not be able to restore your files for you.

It is impossible to have too many backups. Keeping a local copy at your location is the best way to protect your data.

If you are a dedicated server customer then we do not keep any backups of your files. If you have paid us for a bachup drive then you have the hardware and software necessary for making backups, but it is your responsibility to make sure you have it turned on. Again, we can make no guarantees about the integrity of backups.

Passwords

We will provide you with a username and password for accessing your account. This will be sent to the email address you entered into our order form. If you lose your password we can resend it to the same email address. If your email address has changed you will need to supply proof of your identity before we will provide the password. The reason for this is that a large percentage of password requests we receive are from people trying to gain unauthorised access to customers accounts. It is in your interests that we verify your identity before issuing a password.

Correspondence

In the event of written notification of account termination being sent by ActionVideo to a customer, any such communication sent by normal post shall be considered received by the customer seven days after it was posted.

Limits of support

ActionVideo provides support with server side problems only. These include, non functioning of facilities provided with your hosting account and any faults which exist on the server your site is hosted on.

Limitation of liability

Your use of ActionVideo 's services are at your sole risk. All ActionVideo services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

ActionVideo makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the ActionVideo service.

IN NO EVENT WILL ActionVideo BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ActionVideo 's SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the United Kingdom. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.

Legal jurisdiction

These terms and conditions are exclusively governed by United Kingdom law and by ordering services from ActionVideo you submit to the exclusive jurisdiction of the UK courts.

Legal disputes

If you intimate that you are entering into legal action against us we will suspend your account until the legal dispute has been resolved.

Explanation of the above

We will do our best to keep the service running reliably but we will not be held responsible for any losses you incur through your use of it. If you are in business you should ensure you have adequate business insurance and we recommend you contact an insurance broker.

Changes to these terms and conditions

ActionVideo reserves the right to change or amend these Terms of Service at any time without prior notice.

Enforcement

Violations of these Terms of Service should be referred to ActionVideo. All complaints will be investigated promptly. Violations of these terms and conditions can be ground for immediate account deactivation without refund.

Data protection

Some files held by ActionVideo are covered by the UK Data Protection Act. You can find out more about this here www.informationcommissioner.gov.uk.