1. 1. Defined Terms

   • “we”, “us” or “our” – Animate Production Ltd. Registered in England, No. 07467449. 11 Tower Hill, Norwich, Norfolk, NR7 0EL.
   • “this website” – any part of the website of Animate Production Ltd. Including the websites of any trading names of Animate Production Ltd., sub domains, alternate domains, emails sent from the website, and any files and information accessible through, or generated by the website.
   • “content” - Graphics, icons, text, images, code, animation and software contained within a website, design, system or animation.
   • “the client” – Any person, or company, or parent company that that person represents, that engages our services.
   • “the work” – Any works agreed to be carried out by us, including but not limited to, designs, websites, animations, code and advertising.

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2. 2. Use of This Website

   Please read these terms and conditions carefully before using this website. By using this website you consent to the terms and conditions below.

   1. 2.1 Modifications

      We may modify these terms and conditions at any time, and these modifications shall be effective immediately upon posting of the modified terms and conditions. You agree to review the terms and conditions periodically to be aware of such modifications and your continued access or use of this website shall be deemed to be your conclusive acceptance of the modified terms and conditions.

   2. 2.2 Accuracy

      While reasonable care is taken to ensure the information on this website is accurate, we cannot guarantee its accuracy and we reserve the right to change it at any time without notice. We provide this website on an “as is” basis and make no representations or warranties of any kind with respect to this website or the content. We give no warranty as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the content, or that such content will be accurate, up to date, uninterrupted or error free.

   3. 2.3 Liability

      We will not be liable for any damages of any kind arising from the use of this website, including but not limited to damages for consequential or indirect loss or any damage incurred in relation to or in connection with access to this website. This exclusion of liability will not apply to any damages arising from death or personal injury caused by our negligence or that of our employees or agents.

   4. 2.4 Indemnity

      You agree to indemnify us against all loss and damage caused, resulting from any breach of these terms and conditions by you.

   5. 2.5 Copyright

      This website belongs to Animate Production Ltd, and we hold the copyright to all content displayed. You may not reproduce this website or any part of it, in any form without expressed written consent. You may print, display or download temporary copies of the content to your computer for your own personal, non-commercial use.

   6. 2.6 External Links

      This website contains links to other websites and resources that are not controlled by us, and as such we assume no responsibility for the content of these websites and resources, or for any loss or damage caused by their use. Any link present on this website does not indicate any endorsement by us or any association to the linked website or resource.

   7. 2.7 Governing Law

      These terms and conditions and use of this website are governed exclusively by English law.

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3. 3. Privacy Policy

   1. 3.1 Privacy Statement

      We are dedicated to safeguarding and preserving your privacy when using this website and communicating with us.

      Any information provided, by you to us, by which you can be identified will only be used in accordance with this privacy policy.

      We may change this policy at any time, and changes will take immediate effect. You should check this page regularly to ensure that you are aware of any changes.

   2. 3.2 Information We Collect

      We may collect the following information:

      1. Information provided to us when you communicate with us for any reason, including but not limited to your name, job title, contact information, email address, demographic information and any other information relevant to customer surveys and/or offers.
      2. Details of your visits to this website and the resources that you access, including, but not limited to, IP address, traffic data, location data, weblogs and other communication data.
      3. Information that you provide to us for the purposes of registering with this website, email registrations or during the provision of service.
      4. Any other information you provide to us.

   3. 3.3 Use of Cookies

      We may use cookies on this website to maintain persistent data provided by you, between subsequent visits to this website. This allows us to provide a richer online experience to you, by tailoring content to your specific needs. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

   4. 3.4 Use of Your Information

      We require this information to understand your needs and provide you with a better service. Specifically we may use this information to:

      1. Contact you regarding services specifically requested from us.
      2. Improve our products and services.
      3. Send information on offers, events, products and other information to you.
      4. Contact you for market research purposes
      5. To meet our contractual commitments to you.
      6. To notify you about any changes to this website, such as improvements or service/product changes, that may affect our service.

   5. 3.5 Transmission of Data

      The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of this website, you are responsible for keeping this password confidential.

   6. 3.6 Disclosing Your Information

      Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any) and our suppliers where necessary, in order to deliver services requested by you.

      We may also disclose your personal information to third parties:

      1. Where we sell any or all of our business.
      2. Where we are legally required to disclose your information.
      3. To assist fraud protection and minimise credit risk.

   7. 3.7 External Links

      You may find links to third party websites on this website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

   8. 3.8 Access to Information

      You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Animate Production Ltd. 11 Tower Hill, Norwich, Norfolk, NR7 0EL. You must include appropriate evidence of your identity, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address.

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4. 4. Email Terms

   1. 4.1 Email Confidentiality

      Emails sent from us may contain information which is privileged or confidential. If you are not the named addressee of the message please destroy it without reading, using, copying or disclosing its contents to any other person.

   2. 4.2 Email Content

      Any views or opinions presented in emails sent are solely those of the author and do not necessarily represent those of the company.

      Although we have taken reasonable precautions to ensure no viruses are present in any email sent, we cannot accept responsibility for any loss or damage arising from the use of emails or attachments sent.

   3. 4.3 Estimates Delivered By Email

      Where possible we will prepare cost estimates for services requested in standalone documents, and submit for your approval, however in some cases we may provide simple cost estimates by email. These costs are subject to the same terms and conditions as our standard cost estimates as detailed in article 5.1.

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5. 5. Terms of Service

   1. 5.1 Cost Estimates

      Cost estimates are provided on the basis of information provided to us, including project scope, brief and any information supplied for the purpose of creating a cost estimate. If the scope of a project changes for any reason including, but not limited to, client request, omitted or inaccurate information provided at the time of estimation, or additional complications that could not have been reasonably identified at the time of estimation, any cost estimate provided will be rendered invalid and a new cost estimate will be provided to cover the adjusted scope. Additionally, cost estimates are only valid for 30 days following the date of estimation. Any third party costs quoted are correct at the time of quotation and may be subject to change. We will not be liable to fulfil cost estimates that are deemed invalid.

   2. 5.2 Contract

      Approval for work to commence shall be deemed a contractual agreement between us and the client and indicates that the client accepts the terms and conditions outlined in this document. Approval may be provided electronically, by email, in writing or verbally.

   3. 5.3 Client Copyright Responsibility

      Where the client provides images, text, animations or any other content for the work, they are legally responsible for ensuring that this material does not infringe any copyright.

      Certain images provided by us in the development of designs may have been purchased under licence from stock image suppliers. These images are generally only licensed for single use or limited reproduction run and may not be used in future publicity material. The client is legally responsible for ensuring that this does not happen. If you wish to re-use any images for other purposes please contact us for clarification.

   4. 5.4 Intellectual Property and Our Copyright

      You acknowledge and agree that this website and the content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content, and any documentation, files, and images provided to you in the provision of our services are protected by copyright, database rights, or other proprietary rights and laws.

   5. 5.5 Works Produced

      We hold the copyright of any material, including any source code, animation and original images created for the client until payment of the final invoice. At this time we will transfer this copyright to the client, however we retain the right to display the work in our portfolio and advertising materials, unless exclusivity is requested and agreed.

   6. 5.6 Client’s Property

      Any assets supplied to us by or on behalf of the client will be held and worked upon at the client's own risk. Property will be returned on request at any time prior to completion of the contract.

   7. 5.7 Amendments

      Designs are expected to go through a number of revisions as part of the normal design process. While these amendments are usually covered by cost estimates given, we reserve the right to declare any change to the service provided as ‘out of scope’ and a new cost estimate will be created and agreed accordingly.

   8. 5.8 Cancellation of Services

      In the case that a project is cancelled for any reason before the brief is fulfilled, the client will be liable for the cost of work completed up to the date of termination and will be invoiced accordingly.

   9. 5.9 Maintenance

      Ongoing website maintenance will only be upheld by us where the work falls within the scope of a maintenance package, laid out upon purchase. We reserve the right to cancel maintenance packages at any time, a refund will be issued to cover the days remaining between the date of cancellation and the date that has already been paid up to. Please allow 30 days for maintenance to be completed unless stated otherwise by us.

   10. 5.10 Security

       We are not responsible for any damages, loss of business or problems arising as a result of illegal activity carried out by anyone on work produced by us. Although we will endeavour to protect from this as much as possible, it is the client's responsibility to maintain security of the work to protect against attacks such as worms, viruses, malicious code, spyware, spam or phishing.

       The client is entirely responsible for maintaining the confidentiality of any password or login credentials associated with the work, and entirely responsible for any and all activities that occur. Where the responsibility lies with us to upload materials to the client’s server, a password must be supplied to allow access. We will not store your security information for any longer than is necessary to complete the work, but it is recommended that as soon as the work is completed the client takes action to change the password and security details.

       Where we provide hosting for the client, files will be stored on a third party server. We cannot be held responsible for any system availability or performance problems, or any breach of security due to the effects of fraudulent activity by hackers or other unauthorised persons.

   11. 5.11 Loss of Materials

       We cannot be held responsible for websites, designs, animations, data, code, videos or any files or information, lost due to crash, corruption, deletion or viral attack on third party host, computer, or any other storage device. It is the client’s responsibility to maintain a backup of the work.

   12. 5.12 Compliance with Ecommerce, Accessibility or Other Regulations

       The work created will be in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We recommend that the client takes legal advice from their company lawyer to ensure the work is fully compliant.

   13. 5.13 Liability

       Where the work is defective for any reason, our liability (if any) shall be limited to rectifying such defects in so far as we are reasonably able to do so. We accept no liability, to any party, for any loss or damage caused as a result of errors, omissions or inaccuracies in the work, or through the use of, access to or inability to use the work.

       We will not be liable in any way for any damages resulting from the downloading of material, information, data, text, images, video or audio from the work, nor from any other website or server linked to from the work.

       While all files and systems are regularly scanned for viruses, we do not accept any liability for any damages to, or viruses that may infect, a user’s or client’s computer(s), hardware, software, data or other property which result from access to, or receipt of, any site or digital material provided by us.

   14. 5.14 Force Majeure

       We will make every effort to carry out the client's instruction and the resulting contract, but shall be under no liability if unable to carry out any provision of the contract for any reason beyond our control, including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation or failure of power supply. During the continuance of such contingency the client may, by giving notice in writing to us, elect to terminate the contract and pay for work done up to such notice and for materials used, but shall otherwise accept delivery when available.

   15. 5.15 Exclusion

       Neither us nor any of our suppliers, associate companies, officials or employees, shall be liable to the client or any third party for any loss or damage of any nature which may be suffered in consequence of any failure on the part of us to deliver any goods in a timely manner, or at all, or for any defects in goods arising from any other cause whatsoever. The client undertakes sole responsibility for the satisfaction of all third party claims.

   16. 5.16 Disclaimer

       We shall not be liable to any business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether advice has been given of the possibility of any such loss or damage.

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6. 6. Payment Terms

   1. 6.1 Payment Due

      Payment of any balance will be due within 30 days of final invoice date by cheque or BACS transfer. If a client cheque is returned by the bank as unpaid for any reason, the client will be liable for any bank fees that arise from this.

   2. 6.2 Late Payment

      Accounts that have not been settled within 7 days of a final reminder will incur a late payment charge per current late payment legislation.

   3. 6.3 Disputes

      Invoices must be settled in full before any consideration to disputes or refunds can be given.

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Revised 07/10/11