hubulu

TERMS & CONDITIONS

In these terms and conditions:

“us” and “our” means “hubulu.com” or their authorised representative
“you”, "the Customer" and “the Client” is the person or persons making the booking and who are entering into the legal obligation,
“price” and “deposit” means the contract price payable to us for our services and the advance deposit respectively
the “film project” is the activity, event or ceremony that you have asked us to record

Bookings are accepted on these terms and conditions only. No condition may be added, omitted or altered unless we have agreed it in writing with you.
Any addition omission or alteration that we may agree does not affect any other term or condition.
The acceptance of a commission either verbally or in writing shall be deemed as a contractual agreement between the client and hubulu.com and the client will be deemed to have read and accepted these terms and conditions
You specifically confirm to us that the information that you have provided for your commission is true and accurate in all respects
Charges for services to be provided by hubulu.com are defined in the quotation that the Customer receives via e-mail. Quotations are valid for a period of 30 days. hubulu.com reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Payment for services is due by cash, cheque or BACS transfer. Cheques should be made payable to ‘Sarah Simpson’.
Invoices will be provided by hubulu.com upon completion of work and any associated services. Invoices are normally sent via email; however, the Customer may elect to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid 30 days after the date of the invoice will be assessed a service charge in the amount of the higher of 1.5% or £35 per month of the total amount due. This is applied at our discretion.
When you enter into this booking you accept that we cannot accept any liability whether it is a financial or any other kind of loss, which arises either as a direct result or as an indirect result or as a consequence of any failure by us of our obligations to you in this commission except for our obligation to return all or part of any sums that you have paid to us in accordance with these conditions.
We do not exclude our liability to you for any death or personal injury or damage to property that may have been caused by our negligence or that of any our employees
We will carry out services with all reasonable care and skill. You accept that any other warranty or legal obligation on our part or placed on us by any legislation (such as the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1993) or arising under common law is excluded in so far as it possible to do so.
Although these exclusions or limitations may appear to be comprehensive you agree that it is fair and reasonable for us to limit our liability. This is because if we were to accept additional liability we would need to insure against that liability or loss which will then increase our prices. You accept that you understand this and agree that it is reasonable to us to limit our liability in this way.
These Terms and Conditions supersede all previous representations, understandings or agreements.
This Agreement shall be governed by English Law.

PRINT & DESIGN

For stationery orders, you will receive a PDF proof for each item you require. Unfortunately, due to colour matching and the expense involved in the printing process, we are unable to produce colour and material accurate proofs free of charge.
Please check your proof carefully upon receipt and advise us of any inaccuracies or amendments as soon possible. We cannot accept any responsibility for errors that appear in the finished item, once you have signed-off the proof.
Once artwork has been approved, most orders are despatched with 5 working days.
For urgent jobs, a 72-hour turnaround service is available, at an additional cost; this service requires a signature upon delivery.
For Letterheads and Compliments Slips, quantities of 100 and less are not guaranteed for use on laser printers
Delivery costs are not included, which may vary dependent upon quantities ordered and distance.
Stationery prices are based on a maximum design time required for the production of each item. Any additional time required (e.g. for re-production, amendments, etc) will be charged at the standard studio rate of £25.00 per hour.

WEB : DESIGN

All website design services require an advance payment of a minimum of 50% of the project quotation total before the work is supplied to the Customer for review. The remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Charges for web design work does not cover the release of source files; if the Customer requires these items then a separate quotation can be prepared.
hubulu.com will provide the Customer with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies hubulu.com otherwise within 10 days of the date the materials are made available to the Customer.
hubulu.com will install and publicly post or supply the Customer's Web site by the date specified in the project proposal, or if no such date is specified, within four weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer and agreed by hubulu.com.
In return, the Customer agrees to delegate a single individual as 'first-point-of-call' to aid hubulu.com with progressing the commission in a satisfactory and expedient manner.
hubulu.com produces projects where every effort is made to display the pages acceptably on most popular browsers currently available, however we cannot accept responsibility for pages which don't display properly on versions of browsers released after the project is completed.
The client is ultimately responsible for checking the correctness of the site before they give hubulu.com the go ahead to make the site publicly available.
When a client agrees that a site can be made publicly available they are agreeing that the design and development of the site has satisfied all their requirements.
During the project, hubulu.com will require the Customer to provide copy and images. If content is not provided within four weeks of an official request by email then hubulu.com reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight weeks from the original email request then the Customer is considered to be in default of the commission, the project will be terminated and the Customer sent the final invoice for immediate payment. hubulu.com will agree, at their discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.
Accounts unpaid 30 days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on hubulu.com's webspace, we will, at our discretion, remove all such material from the webspace. hubulu.com is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Cheques returned for insufficient funds will be assessed a return charge of £35 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay hubulu.com reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by hubulu.com in enforcing these Terms and Conditions.
Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 days.
Advertisements must comply with the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968.
Any web page; design or entire site designed by hubulu.com carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Customer must indemnify hubulu.com in respect of all actions; proceedings; costs demands and claims arising from any such breach.
The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants hubulu.com the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting hubulu.com permission and rights for use of the same and agrees to indemnify and hold harmless hubulu.com from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions.
A contract for website design and/or placement shall be regarded as a guarantee by the Customer to hubulu.com that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (Word files delivered on disc, USB or via e-mail) and that all photographs and other graphics will be provided physically in high quality print (minimum resolution 300dpi) suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by hubulu.com to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.
A link to hubulu.com will appear in either small type or by a small graphic at the bottom of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.
If the Customer's Web site is to be installed on a third-party server, hubulu.com must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
hubulu.com cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
It is the customers responsibility to check ensure that any web site is lawful, does not infringe any copyright or any other laws. It is also the Customer' responsibility to carry out any market research as to the viability and profitability of any project before accepting any quote.
We reserve the right to refuse to construct a web site that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
hubulu.com may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is the responsibility of the Customer. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of hubulu.com. The Customer should keep a record of the due dates for payment to ensure that payment is received in good time.

WEB : MANAGEMENT SERVICES

We cannot guarantee that your first preference of URL domain name will be available, but we will always endeavour to find you a suitable alternative that suits your needs.
Prices shown assume a single page website. Should extra pages and media storage be required additional hosting charges will apply. Website design services are chargeable under a separate Pricing Schedule. Please just ask for details.
Throughout the duration of your contract, your URL(s) remain registered to hubulu.com and remain our property until a contractual agreement for the transfer of the URL(s) to the client has been made.
We will provide FREE hosting and a holding page for your website for up to a maximum period of 6 months from the date your website goes live on the Internet.
After this time a monthly hosting fee will become payable. This fee can be paid in a one-off sum at the start of your annual agreement, via monthly direct debit, or via an on-line payment. We DO NOT charge interest on monthly payments.
If you fail to pay for your web hosting, hubulu.com reserve the right to close your account, which will result of removal of your website from the Internet.
We will write to you at the end of your contract to advise you of your renewal date. If you wish to renew your contract with us and keep your URL you will have a maximum of 30 days from your renewal notice to advise us of how you wish to proceed. After this time, hubulu.com reserve the right to market the URL to other interested parties.
If you wish to cancel your website please give a minimum 14 days notice. You will be liable to pay the remaining balance of your account.
If you cancel our services within the first 18 months of your contract, you will need to pay a £10 one-off re-registration fee to re-activate your account. Once you have cancelled or forfeited our services, we cannot guarantee that we will be able to retrieve the same URL for you and hubulu.com cannot be held responsible for any loss or damages incurred by cancellation or failure to act upon the renewal notice.
The loss, cancellation or otherwise of the URL domain name brought about by late or non-payment is not the responsibility of hubulu.com. You should keep a record of the due dates for payment and renewal to ensure that your account remains active.
To assist with the advertising and promotion of your website, hubulu.com may feature reciprocal links on your website from our partners, clients and other sites we feel are relevant in helping you maximise the impact of your web presence. This is done for a mutual benefit, but should you wish to opt out, please advise us.
Website design services are chargeable under a separate Pricing Schedule.

FILM

Once a booking has been accepted you must immediately pay the deposit that we have agreed. Until we have received the deposit (and if by cheque, that cheque has cleared) we are under no obligation to carry out any of our obligations. Please note that this contract remains in force even if you have not paid the deposit and we shall be entitled to enforce it.
The deposit is non-returnable, except in extreme compassionate cases
You must pay us the balance of the Price in full (and if by cheque that cheque has cleared) at least 7 days before the date when filming is to take place. If you do not do so we will not have any liability to you, and if we so decide we shall be entitled in our absolute discretion to forfeit the whole or part of the deposit.
If you cancel this booking:
1. more than 90 days before the date of filming then the deposit will be forfeited, but no further sum is payable by you;
2. within 90 days of the date of filming a sum amounting to 50 per cent of the Price is payable by you;
3. (within 30 days of the date of filming a sum amounting to 95 per cent of the Price is payable by you.
Any cancellation must be notified to us in writing addressed to us at the address shown in the booking form.
The Price is based on a recording time not exceeding 120 minutes in length. An extra charge is payable for recording time running over 120 minutes for whatever reason
Restrictions on our liability to you. (Please note this section is important and should be carefully read by you since it limits your rights. Please ask us if you need any further clarification).
We will make every reasonable effort to secure a replacement cameraperson if for any reason the cameraperson is unable to carry out the engagement. In those circumstances however, our liability to you is limited to making a refund of the sums that you have paid us in respect of the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party.
Although we make every reasonable effort to ensure that all the equipment we use for your film project is in sound working order, if a problem with the equipment should arise our liability to you is limited to making a refund of the sums that you have paid us in respect of the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party. If we film a part of the project we will in that case return a fair proportion of the Price
Although we will use every reasonable effort to record significant parts of the project (including any part of the ceremony for weddings, christenings and other events) the decision as to what is comprised in the recording is in our absolute discretion. We can give no assurance that we will successfully record any particular aspect of the project (even though you may have asked us to do so), and any failure by us to capture any particular aspect of the project or failure does not give you any right to refuse to pay the Price or obtain a refund.

Ownership of the Master Film and Copyright

The master film remains our property. Copyright in the master film is vested in us. This means that:
we reserve the right to dispose of the master film in our absolute discretion.
we do not accept liability in relation to any loss of and/or damage to the master film.
neither you nor any one on your behalf are allowed to make any copies of any tapes, disks or other recorded media unless we have agreed in writing that you may do so.
Please note that the copying of films without our consent is a breach of copyright for which you may be liable in damages
Master films are kept for a period of 6 months. Digital video (DV) files create large computer file, and we are unable to store everyone. Our computer memory is cleared of DV files every 6 months, therefore we strongly advise that you ensure you have sufficient copies of your film within this timescale.
We reserve the right after you have received your copy of the film, to show the film or part of it to any prospective client who may wish to see a sample of our work, or to enter the film into competitions or use extracts in our show reel. We will not however release any part of your film for a public showing or broadcast without your prior written consent.
We confirm that we will comply with the provisions of the Data Protection Act 1998 as it relates to your personal data. Please note that we shall be entitled to assume unless you inform us otherwise prior to the project that all persons attending have consented to being recorded.

Extras

If you ask us to provide any extra services after you have commissioned our services, these may be subject to additional payments, which we will agree with you. Those extra services will, if accepted by us, be carried out on the basis of these terms and conditions

Consents

Please note that it is your responsibility to obtain the consent from the owners of the venue where the filming project is taking place and all other persons involved, before it takes place and to pay any fees charged by them. If you fail to do so, this may mean that we are unable to record the project or release the film to you until that consent (which is required for copyright reasons) has been obtained.

Schedule and Quality Control

We will try to agree a schedule of contents of the recording with you. Please note that the contents of that schedule does not form part of our agreement with you.
We will assume that you accept the quality of the finished film unless you tell us to the contrary in writing within 2 weeks of the film being sent to you. If you do notify us within that period you must also tell us what your complaint is in as much detail as possible. If we do not receive any complaint within that period we shall be entitled to assume that you are satisfied with it and we will then be under no further obligation to accept any complaint, unless we then agree.
We will use all reasonable efforts to deal with any complaint promptly and if it is something that is justified and we can remedy, we will do so. If we do not consider your complaint to be valid then we will tell you promptly.

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