Terms and Conditions
In these Conditions:
“The Company” means VTR North Ltd;
“Contract” means any contract between the Company and the Client from time to time for the provision of Services; “The Client” means the person, firm or company using the services of the Company;
“Services” means the services forming the subject of the contract between the Company and the Client;
2. INCORPORATION OF CONDITIONS
These Conditions are the only terms or conditions on which the Company gives quotations, accepts bookings or orders or supplies the Services. These Conditions override any other representations, terms or conditions stipulated, referred to or implied by the Client or the Company, its servants or agents whether in any order or in any document or in any negotiation or discussion. No variation of these Conditions shall be effective unless expressly agreed in writing, signed by or on behalf of the Company.
3. BOOKING AND ORDERS
A Contract shall exist between the parties upon and only upon the Company accepting the Clients booking or order. Each booking order accepted by the Company in accordance with these Conditions constitutes a separate Contract between the parties that is subject to these Conditions.
4. CHARGES AND RATE CARD
Unless otherwise agreed by the Company in writing, the charges applicable are those appearing upon the Company’s published Rate Card current at the time of the Company’s acceptance of the booking or order. Charges are quoted in Pounds Sterling exclusive of VAT, which the Client shall be additionally liable to pay to the Company. The Company reserves the right to alter the terms of its Rate Card at any time without prior notice provided that unless an increase in charges is solely the result of an increase in the cost to the Company of
fulfilling the booking or order upon being notified of an increase in charges the Client shall be entitled to cancel the booking or order. To be effective, a cancellation in the circumstances of the last preceding sentence must be in writing and received by the Company within 24 hours of the increase in charges being communicated to the Client.
5. PAYMENT TERMS
Payment for the Services shall be due within 28 days of the date of the invoice (“the Due Date”), time to be of the essence. This provision shall be without prejudice to the Company’s right to require immediate payment of all outstanding invoices rendered to the Client where the Client is in default of the payment terms in this Clause in respect of one or more invoices. If payment is not received by the Due Date , the Company reserves the right to withdraw any special terms or conditions or discounts or rebates that have or are intended to apply to any current or future Contract. The Company reserves the right to require payment in part or full in advance of the date of performance of the Services. If the Client fails to pay any invoice or any part thereof by the Due Date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to either cancel the Contract, suspend the provision of further services to the Client or Charge the Client interest on any overdue payments at the annual rate of 5% above the base rate from time to time of the Company’s bankers (both before and after judgement) and that such interest may be claimed by the Company from the date of invoices until the date of payment.
Any dates, times or periods quoted by the Company for performance of the Services are estimates only and the Company shall not be liable for failure to meet such estimates or for any costs charges or expenses incurred as a consequence of such failure and accordingly, the Client shall not be entitled to refuse to accept Services merely because of such failure. Time for performance shall not be of the essence unless previously agreed with the Company in writing. The Company may employ subcontractors to perform part or parts of the Service.
7. CLIENT’S REPRESENTATIVE
If requested to do so by the Company, the Client shall appoint a representative who shall be available at all reasonable times to approve the Services and if so required by the Company to be in attendance during the performance of the Services and whose approval in such circumstances shall be final and binding on the Client.
In its absolute discretion, the Company may, at any time, permit cancellation of a booking or order and reserves the right to cancel any booking or order in the event of any breach of any of these Conditions by the Client provided that in the event of any such cancellation, as liquidated damages, the Client agrees to pay a percentage of the value of the cancelled booking or order according to the length of time between cancellation and the date estimated for performance.
100% Payable Less than 2 days.
50% Payable Less than 5 but more than 2 days
Save as provided above, the Client may not cancel any order or booking that has been accepted by the Company except with the express written permission of the Company, which the Company may provide in its absolute discretion.
9. RISK AND LIABILITY
Risk in the Client’s films, tapes or other materials will at all times remain with the Client. The Company cannot and will not insure against loss of or damage to the content of Client’s films or tapes and accordingly LIABILITY IN RESPECT OF SUCH LOSS OR DAMAGE EVEN WHEN THE RESULT OF NEGLIGENCE ON THE PART OF THE COMPANY, ITS SERVANTS, AGENTS OR SUB-CONTRACTORS IS HEREBY EXCLUDED. The Company shall have no liability for any indirect or consequential losses or expenses suffered by the Client, howsoever caused, including but not limited to loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
10. INTELLECTUAL PROPERTY
Subject as hereinafter provided the Client hereby indemnifies and will keep indemnified the Company against all actions, claims, demands, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any Copyright or other intellectual property rights or any defamation or alleged defamation arising out of the processing or reproduction of the Client’s films or tapes by the Company, or any work carried out by the Company on the Client’s instructions.
Unless otherwise instructed by the Client in writing, the Company may use the Client’s name and brief details of the Services for the purposes of the Company’s advertising and promotion of its business. Following the broadcast or exhibition of the work resulting from the Services, the Company shall have the right to use any part of the work solely for use in its corporate advertising and showreels.
12. FORCE MAJEURE
The Company reserves the right to defer the date of performance of the Services or to cancel the Contract or reduce the level of the Services ordered by the Client (without liability to the Client) if it is prevented from or delayed in the performance of the Services due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining
supplies of adequate or suitable materials.
13. INSOLVENCY OF THE CLIENT
This clause applies if the Client makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or an encumbrancer takes possession, or a receiver, administrative receiver or administrator is appointed, of any of the property or assets of the Client; or the Client ceases, or threatens to cease, to carry on business; or the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Client and notifies the Client accordingly, then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend the performance of any further Services under the Contract without any liability to the Client, and if Services have been performed but not paid for payment shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
14. CLIENT’S UNDERTAKINGS
The Client shall at all times indemnify the Company in respect of all loss or damage suffered by any person, firm, company or property and against all actions, claims, demands, costs, charges or expenses in connection therewith for which the Company may become liable in respect of the Services. The Client accepts full liability for and shall at all times indemnify the Company against all actions, claims, demands, costs, charges and expenses whatsoever arising out of any loss of damage to any person, firm or company by reason of deficiencies in the materials or data or the like supplied to the Company by the Client in connection with the carrying out of the Services.
15. MATERIALS STORAGE
If the Company shall agree, at its absolute discretion, to store or hold any master tape or other material for the Client, then it shall do so entirely at the risk of the Client and shall not be liable for any loss or damage to such tape or other material, whether caused by the negligence of the Company or its employees, or otherwise. The Company reserves the right to charge the Client for such storage or to return the tape or other material to the Client at the Client’s expense.
16. GENERAL LIEN
The Company shall have a general lien over any of the goods or chattels of the Client in the Company’s possession for any moneys whatsoever due from the Client to the Company. If any lien is not satisfied within 14 days of such moneys becoming due, the Company may, in its absolutely discretion, sell or make use of such goods or chattels as agents for the Client and apply the proceeds towards the moneys due and the expenses of the sale, and shall upon accounting to the Client for the balance (if any) remaining, be discharged from all liability in respect of such goods or chattels.
Each Contract between the Company and the Client is personal to the Client who shall not assign or charge the benefit thereof without the Company’s express written consent. The Company may assign the performance of the Contract or any part thereof to any third party without the consent of the Client.
Notices shall be made in writing and posted in a first-class pre-paid envelope to, in the case of communications to the Company: to its registered office or such address as shall be notified to the Client by the Company. In the case of communications to the Client: to the registered office of the Client (if a limited company) or (in any other case) to any address of the Client set out in the Contract or such other address as shall be notified to the Company by the Client. A notice shall be deemed to have been received forty-eight hours after posting (or ninetysix hours after posting where the notice is sent from and/or addressed to an address outside the United Kingdom)
and in proving such service it shall be sufficient to show that the envelope was properly addressed and put into the post.
19. PROPER LAW
The validity, construction and performance of each contract shall be governed by English Law and the parties hereby submit to the sole and exclusive jurisdiction of the courts of England and Wales for the resolution of all disputes arising under any Contract.
If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue with full force and effect.
No waiver by the Company of any breach of contract by the Client shall be considered a waiver of any subsequent breach of the same or any other provision.
Privacy Notice (GDPR)
This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep it safe.
Data protection law states there are several legal reasons why a company may collect and process personal data.
Contract – We will process your personal data to fulfil an order, deliver a service, essentially comply with our contractual obligations.
Legal Compliance – If the law or government requires us to, we may need to collect and process your data. An example might be passing on details of fraud to law enforcement.
Legitimate Interest – In cases, we require personal data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business. This does not impact your freedom or rights. Examples might be using your postal or email details to send direct marketing information on content, products and services that we think might interest you with the aim of raising awareness of our business with yours and you, as an employee of that business. We may also use your browsing or purchase history to send you or make available personalised offers.
When do we collect, add to or amend your personal data?
When you visit any of our websites or speak us on the phone.
When you purchase a product or service or enter into negotiations to do so
When you engage with us on social media.
When you contact us by any means with queries, complaints etc.
When you book any kind of appointment with us or book to attend an event, for example a meeting to discuss an opportunity.
When you choose to complete any surveys we send you.
Any individual may access personal data related to them, including opinions. So if your comment or review includes information about the Partner who provided that service, it may be passed on to them if requested.
When you’ve given a third party permission to share with us the information they hold about you.
We may collect data from publicly-available sources where you have given your consent for them to share information publicly such as online directories or LinkedIn.
What sort of personal data do we collect?
Contact details at the company which you work for such as email address and phone number
Details of your interactions with us through phone contact, email or online.
Details of your visits to our websites, and which site you came from to ours.
To deliver the best possible web experience, we collect technical information about your internet connection and browser as well as the country and telephone code where your computer is located, the web pages viewed during your visit, the advertisements you clicked on, and any search terms you entered.
Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback.
How and why do we use your personal data?
We want to give you the best possible experience. One way to achieve that is to get the richest picture we can of who you are by combining the data we have about you. We then use this to offer you content, products and services that are most likely to interest you.
The data privacy law allows this as part of our legitimate interest in understanding our customers and potential customer and providing the highest levels of service.
Of course, if you wish to change how we use your data, you’ll find details in the ‘What are my rights?’ section below.
Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide the best experience.
Here’s how we’ll use your personal data and why:
To process any orders or hold negotiations that you make by using our sales team or sales agents. If we don’t collect your personal data during negotiations or ordering, we won’t be able to process your order and comply with our legal obligations. We would then keep those details for reasonable period afterwards in order to fulfil contractual obligations
To respond to your queries. Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.
To protect our business and yours from fraud and other illegal activities. We’ll also monitor your browsing activity with us to quickly identify and resolve any problems and protect the integrity of our websites. We’ll do all of this as part of our legitimate interest.
To market our product and services to you. We will use your personal data, preferences and details of your transactions to keep you informed by email, web, telephone about relevant content, products and services including information, tailored offers, discounts, promotions, events, competitions and so on. We market on the basis of legitimate interest and in a way which might reasonably be expected as part of running our business. This does not impact your freedom or rights. Our marketing will follow best practice laid out by the ICO when dealing with corporate subscribers under the PECR.
Of course, you are free to opt out of hearing from us at any time.
To send you relevant, personalised communications by post or email in relation to updates, content, offers, services and products. We’ll do this on the basis of our legitimate business interest.
You are free to opt out of hearing from us at any time.
To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice, marketing data misuse issues, and legally required information relating to your orders. These service messages will not include any promotional content and do not require prior consent when sent by email or text message. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.
To develop, test and improve the systems, services and products we provide to you. We’ll do this on the basis of our legitimate business interests.
To comply with our contractual or legal obligations to share data with law enforcement.
To send you survey and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have a legitimate interest to do so as this helps make our products or services more relevant to you.
Of course, you are free to opt out of receiving these requests from us at any time
How is personal data protected?
We will treat your data with the utmost care and take all appropriate steps to protect it.
We secure access to our websites and apps using ‘https’ technology.
Access to your personal data is password-protected, and sensitive data is secured by SSL encryption.
We regularly monitor our system to identify ways to further strengthen security.
What specific information is obtained?
Our website does not collect specific, detailed information about you as a visitor to our site.
Where information is gathered, we will inform you of this along with the explanation of why it is required. This information will be for purposes such as responding to an enquiry made and we will ask for this information in order for us to get in touch and provide the relevant information which has been requested from you.
What information is retained?
Cookies and tracking software are used on a temporary basis and expire when the site has been left. These are used for purposes such as website improvement. Google Analytics is also used for the same reason of website improvement and understanding how you use it. This information is not shared with anyone.
The personal information we collect and hold via Tracking software is the following: –
Browser used (Bing, Chrome, Internet Explorer etc.)
Location (based on IP address)
Frequency on Site
Session duration (time spent on the site)
Page session duration (time spent on specific page)
Web Surfing Behaviours
We currently use the following companies that may process your personal data through website usage. Facebook, Twitter, LinkedIn, Google, HubSpot, SharpSpring, Instiller.
If you need to contact us then please find the relevant details on our contact page here
Customers / Enquirers
We hold information about customers/ enquirers as it is necessary for us to conduct our business activities.
What personal information is held?
The personal information we collect and hold is the following: –
Company Website Address
This information may be linked together with what has already been gathered (as stated in the “what information is retained?” section) via Tracking Software.
How is this information gathered?
We gather this information through lead generation forms on our website and tracking software as mentioned in the “what information is retained?” section, as well as over the phone when relevant.
How long will the data be kept for?
For a reasonable period of time after you have stopped being an active customer, we may continue to contact you with information relating to our products and services. We deem a reasonable period of time to be three years after an order has been completed, or a relevant license period has expired. After this time, the data we hold will either be deleted, anonymised or retained providing you have asked us to do so.
Who will the data be passed to?
This information will not be passed on to anyone other than authorised employees of VTR North Ltd. and relevant processors, for example a company managing marketing on behalf of VTR North Ltd.
Additionally, if a legal matter were to arise, then we may need to provide this information for those purposes.
In this instance, we provide only the information required to perform the service
The data will only be used for that exact purpose
Partners are required to protect and respect your privacy
If we stop using a partners service, your data will be deleted or rendered anonymous.
Examples of third parties we work with are:
Direct marketing companies who help us manage electronic communications and telemarketing
Google/Facebook/LinkedIn to show products that might interest you. This is based on consent or your acceptance of cookies on our website.
Data Insight companies to ensure your details are up to date and accurate.
IT Companies who support our website and business systems
What is the reason for holding/using the information held?
While you are a customer of VTR North, the basis for processing your data is ‘contract’. When you are not or no longer an active customer of VTR North the basis is ‘legitimate interest’ as we would like you order products/services from us.
We may use your details for the purpose of creating a profile to gauge decision making and for direct marketing purposes. For example, using information held, we may create profiles based on the following: –
Job Title/Job Role
Data Subject Rights (Subject Access Request, Erasure, Rectification)
You have the right to ask for information we hold for you (Subject Access Request) which will be provided free of charge and if requested, can be presented in a spreadsheet based format.
The data we hold will be corrected when we are notified of errors.
Information we hold for you will no longer be processed if requested to do so.
Information we hold for you will be deleted if requested to do so. It is possible we may contact you at a later date as we will hold no record of you.
You have the right to withdraw consent at any time.
You have the right to stop the use of your personal data for direct marketing through selected or all channels.
You have the right to stop processing your personal data under legitimate interest for individual reasons. We will comply unless we believe there is a legitimate overriding reason to continue processing.
To stop the use of personal data for direct marketing:
Click Unsubscribe Link in any email communication that we send you. We will then stop all emails
If you need to contact us then please find the relevant details on our contact page
To contact the regulator, please see below:
0303 123 113 or go to www.ico.org.uk