TERMS AND CONDITIONS

Last Updated: 20/12/24

1. Introduction
Welcome to TIDES and TOWERS (“we,” “us,” “our,” or the “Company”) and our website located at [website URL] (the “Site”). These Terms and Conditions (“Terms”) govern your use of this Site and any services, content, information, features, or resources provided by or through this Site, including video production services, consultation, and related products (collectively, the “Services”). By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not use the Site.

2. Eligibility
Use of the Site is intended for individuals who are at least 18 years old and able to form legally binding contracts under applicable law. By using this Site, you represent and warrant that you meet these eligibility requirements. If you are using the Site on behalf of a company or organisation, you confirm that you have the authority to bind that entity to these Terms.

3. Our Services
(a) Scope of Work: We specialise in video production, including but not limited to concept development, filming, editing, motion graphics, and related post-production services. Any Services provided will be outlined in a separate written agreement or project proposal.
(b) Project Acceptance: We reserve the right to decline any project at our discretion and without providing a reason.
(c) Delivery & Deadlines: We will use reasonable endeavours to meet agreed deadlines for the delivery of project materials. However, all delivery dates are estimates. We shall not be liable for delays caused by circumstances beyond our reasonable control, including but not limited to client delays, supply chain disruptions, equipment failures, or unforeseen technical issues.

4. Intellectual Property Rights
(a) Our Content: All content provided on this Site, including but not limited to text, graphics, logos, images, videos, designs, and code, is the property of the Company or its licensors and is protected by intellectual property laws in the UK and internationally. Unless otherwise stated, no content may be copied, reproduced, modified, distributed, transmitted, displayed, or sold without our prior written consent.
(b) Client Content: If you provide us with materials (e.g., logos, footage, images) for inclusion in our Services, you warrant that you have all necessary rights, licences, and permissions to provide such materials. You agree to indemnify us against any third-party claims arising from our use of such materials.
(c) Project Deliverables: Unless otherwise agreed in writing, upon full and final payment, you shall receive a non-exclusive, perpetual licence to use the final project deliverables for the purposes specified in the project agreement. Any raw footage, project files, and related materials remain our property, unless otherwise transferred through a separate agreement.

5. Payment & Fees
(a) Pricing: The fees for our Services will be outlined in a separate proposal or contract. All prices are in GBP (Great British Pounds) and are exclusive of VAT, unless otherwise stated.
(b) Deposits & Payment Terms: We may require a non-refundable deposit before starting work. Payment schedules will be detailed in the project agreement. Failure to meet payment terms may result in delays or suspension of Services.
(c) Late Payments: We reserve the right to charge interest on late payments at the statutory rate, as permitted under UK law.

6. Confidentiality
Any information provided by you that is marked or considered confidential will be treated as such by us. We shall not disclose or use such information for any purpose other than fulfilling our obligations under our agreement with you, except as required by law or as expressly authorised by you.

7. Warranties & Disclaimers
(a) Warranties: We warrant that we will provide the Services with reasonable skill, care, and diligence in accordance with industry standards.
(b) No Other Warranties: Except as expressly provided, the Site and Services are provided “as is” and “as available” without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of content.
(c) Third-Party Links: The Site may contain links to third-party websites or resources. We have no control over, and are not responsible for, the content or practices of these third-party sites. Accessing these links is at your own risk.

8. Limitation of Liability
To the maximum extent permitted by law, the Company, its directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the Site or the Services, even if advised of the possibility of such damages. In any event, our total liability to you in respect of any claim arising out of or in connection with these Terms or the provision of the Services shall not exceed the fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by UK law.

9. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or related to your use of the Site, breach of these Terms, or infringement of any third-party rights.

10. Termination
We reserve the right, at our sole discretion, to suspend or terminate your access to the Site or the provision of Services at any time, without notice, if we believe you have breached these Terms. Upon termination, any licences granted hereunder shall immediately cease, and you must cease all use of the Site and Services.

11. Governing Law & Jurisdiction
These Terms and any contractual or non-contractual obligations arising out of them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from or related to these Terms.

12. Changes to These Terms
We may revise these Terms from time to time. Any changes will be posted on this page with an updated “Last Updated” date. By continuing to use the Site after such modifications, you agree to be bound by the revised Terms.

13. Miscellaneous
(a) Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent authority, such provision shall be deemed severed from the Terms, and the remaining provisions shall continue in full force and effect.
(b) No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
(c) Entire Agreement: These Terms, together with our Privacy Policy and any separate written agreements, constitute the entire agreement between you and the Company relating to your use of the Site and the Services.

14. Contact Us
If you have any questions about these Terms or our Services, please contact us at:
TIDES and TOWERS LTD
info@tidesandtowers.com