Terms & Conditions – General
These Terms and Conditions are applicable every time you access this website or any website owned and operated by Moving Memories Productions Ltd or order goods/services verbally, by phone, email or any other means:
1.1 This site is owned and operated by Moving Memories Productions Ltd. Registered in (England and Wales) Company Reg. Number: 09232764 Registered Office: 4 & 5 The Cedars, Apex 12, Old Ipswich Road, Colchester, Essex. CO7 7QR
1.2 All rights in this website are owned by us. Any unauthorised use, copying or modification is prohibited.
- Ordering Goods
2.1 All orders placed by any means will be subject to our and/or our relevant affiliates acceptance of the order.
2.2 When you submit an order to us you will receive a confirmatory email of this order acknowledging your order and giving you estimated timescales for delivery. You should check this email for accuracy and let us know immediately if there are any errors. This email does not constitute acceptance of the order by us. Your order will be accepted by us when we dispatch the goods to you or to your affiliate school for distribution by you (as per agreement with the affiliate school). Title to the goods will pass to you on delivery.
2.3 Should you wish to cancel your order or return any goods, please phone or email us for further information.
- Processing your orders and payment
3.1 Whilst it is our intention to keep our website and information up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to processing your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
3.2 All prices shown on our website exclude any relevant delivery charges to the end user which will be detailed on individual product information. For further information on delivery charges see the Delivery section.
4.1 Whilst we make every effort to deliver goods within the time-frame we specify, we cannot guarantee delivery on a specific day or accept liability for deliveries made outside this timescale.
This also applies to products sent via the affiliate schools and those where affiliate schools have requested preview copies prior to distribution. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
4.2 All sales are subject to product availability.
4.3 If you believe an item is faulty please contact us directly and we will arrange an appropriate solution.
4.4 Please note that if you wish to return goods, you have 28 days from receipt of the goods to return them to us in the condition in which they were received.
4.5 Delivery method is as agreed with each individual affiliate school. We make a £20 delivery charge which is an added charge when the product is dispatched in bulk direct to the school. Should the product/s be dispatched direct to the end user a delivery charge of £3.50 (for UK addresses only) is added to each DVD at source.
4.6 Delivery to Overseas addresses may incur an extra delivery charge.
5.1 All of our clients’ data is treated in the strictest of confidence and is not shared with any third parties.
6.1 All products are sold on the basis that they are for personal, domestic use only and may be encrypted to prevent copying.
6.2 We shall not be responsible to you whether in contract, thought (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods.
6.3 Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.
6.4 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.
6.5 There are links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites.
6.6 These terms and conditions govern the entire trading relationship between you, the affiliate school and ourselves and will remain in force for the duration of the said trading relationship.
6.7 All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material as expressly authorised by us or our licencors.
6.8 Any unauthorised use of material on this site is strictly prohibited.
6.9 We will endeavour to verify the accuracy of any product or pricing information which we place on the site but we make no warranties (whether express or implied) in relation to the accuracy of such information).
6.10 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements.
- Booking Enquiries
7.1 On receipt of an booking enquiry Moving Memories Productions undertakes to contact you by phone or email and will only confirm your booking subject to availability and agreement to our Booking Terms & Conditions. Bookings will be confirmed by us in writing or by email.
7.2 Upon responding to your enquiry, Moving Memories Productions Ltd cannot be held responsible for the delivery of this email to the users mailbox.
8.1 A cancellation fee is payable should your event or booking be cancelled.
8.2 If the Client cancels this booking/contract within 14 days [of the date of filming] the Client must pay 50% (of our minimum filming cost £525.00).
8.3 If the Client cancels this booking/contract within 5 days [of the date of filming] the Client must pay 75% of £525.00.
8.4 Any deposits taken at the time of booking are non-refundable unless more than 50% has been paid
upfront and your event has been cancelled with more than 28 days notice.
- Filming Services
9.1 Our DVD production filming service for schools is based on a guaranteed minimum order totalling not less than £525.00 excluding delivery and/or travelling charges.
9.2 If our minimum DVD package order is not met then we will require your school/company to pay any outstanding balance due including any additional mileage and delivery charges if applicable.
9.3 We can offer to carry out our filming services on a flat fee basis if you do not require us to provide DVD’s for sale. Please feel free to discuss any specific tailored requirements.
- Post Production Services
10.1 Editing of customers own material is charged on an hourly basis of £35.00 it must be agreed with the use of time-codes what we are to include/exclude in the final edit.
- Transfers & Duplication
11.1 Sending & Return of Your Source Media
11.2 You are advised to use a delivery service, requiring “signature on delivery”, when sending your source media to us. We will return your media by the same or similar signed for delivery service.
11.3 We will transfer your media onto high grade DVD/CD’s. Occasionally due to digital file sizes we may have to transfer your media on to dual layer DVD’s instead of single layer which would carry a surcharge of £1.00 per DVD.
11.4 On any audio transfers where media exceeds the normal CD length we will endeavour to split up the transfer in the most sensible place, although we would need to charge £5.50 for each additional disc used.
11.5 Tapes found to be blank or suspected of being blank. A minimum charge of £9.00 per tape applies for any tape that is found to be blank. If you are unsure if your tape is blank we will happily check the first couple of minutes free of charge. If you would like us to monitor/check the whole or part of any tape after the first couple of minutes then our minimum charge will apply, even if no material is found. Should any material be found this will be transferred and treated as a normal media transfer.
11.6 All media transfer work completed by us must be collected from our premises within six months of Moving Memories Productions advising you of completion, (unless any special arrangements have been made with us first). Moving Memories Productions reserve the right to destroy and dispose off any media that has not been collected after the period stated above. This procedure is entirely at our own discretion and can be acted upon without any further notice.
- Our Responsibility
12.1 We always take exceptional care with your media tapes. In the unlikely event of us causing damage to or loss of any of your material, we will compensate you up to the purchase value of the original media.
12.2 Please Note: This does not apply to tapes that have arrived in a damaged or unusable state or tapes that are damaged during playback due to defects or general age.
- Your Responsibility
13.1 We will not accept and it is your responsibility to ensure, that the source media supplied shall not contain material classed as ‘Prohibited Content’ and must comply with current laws of shipping audio/visual material.
Prohibited Content: Generally, Prohibited Content includes (without limitation) any of the following types of Content:
- Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
- Copyrighted material that is used without the express permission of the owner.
- Content that violates or encroaches on the rights of others.
- Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptible code or any other content which may compromise our service.
- Content that advocates illegal activity.
- Content that harms minors in any way.
Moving Memories Productions reserves the right to pass any infringements of this Prohibited Content that we may receive to the relevant authorities if it is deemed necessary.
14.1 We are the operators of this website, and the contents of it are either our property (or that of our affiliated companies) or are used under licence from our suppliers. We are the owners of the compilation of information in this website.
14.2 Our rights, and those of our affiliates and suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions.
14.3 We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our (or our affiliates) products, ordering goods or services from us (or our affiliates), or obtaining contact information for us (or our affiliates).
14.4 Your licence to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us (or our affiliates).
14.5 You are expressly not permitted to download any part of our site (other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage.
14.6 You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our (or our affiliates) suppliers interests, but you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link.
14.7 Reproduction, copy, or transmission of Moving Memories Productions Video Products or those of its affiliates may not be made without written permission in accordance with the provisions of the Copyright Act 1988. Any person who does any unauthorised act in relation to these products may be liable to criminal prosecution and civil claims for damages.
- Returns & Refunds Policy
15.1 As the most commonly compatible type of duplicated DVD, Moving Memories Productions Ltd uses DVD-R Disks. However a small percentage of DVD players & PC DVD Drives are not compatible with this disk format and cannot play them.
15.2 Please note that ALL our disks are finalised on completion of any filmed productions or media transfer work.
15.3 In the instance that a DVD fails to play please try it in on a second machine (preferably from an alternate manufacturer) to assess whether your DVD is faulty or simply incompatible with your player.
15.4 If the issue is with sound and you have a surround sound system, please try disabling this first our DVD’s are recorded in stereo only. If it is deemed to be incompatible we will replace your Disk with a DVD+R which should then work.
15.5 DVD-R disks play in most DVD players (or DVD-ROM drive in PC’s). However you should be aware that recordable disks working in your DVD player may or may not work in other players. You can obtain compatibility information by contacting your equipment re-seller or manufacturer or visit www.dvdrhelp.com to assess compatibility prior to placing your order. Also note that your computer will need a software DVD player installed.
15.5 We are not responsible for incompatibilities caused by DVD players that have been modified to disable regional encoding etc.
15.6 Any DVD supplied by us and found not to play on your DVD Player can be returned to us at Moving Memories Productions Ltd, The Colchester Centre, Hawkins Road, Colchester, Essex. CO2 8JX. We will arrange for an appropriate replacement disc to be sent out, but we would appreciate if you could first take the time to read our website page Problems Playing A DVD and then complete the necessary form before sending any discs back.
15.7 Please wrap the item securely and include a note detailing your return address and whether you feel the fault could be a compatibility issue or simply a faulty copy.
15.8 We reserve the right to refuse or replace any returned DVDs that are found to be damaged or in any other poor state after the goods were delivered by Moving Memories Productions Ltd.
15.9 Our returns policy is valid for a period of 28 days from delivery of an item/product ordered from Moving Memories Productions Ltd.
15.10 Should you feel that you may be entitled to a refund you must contact us within 14 days of receiving your DVDs via email, phone Contact Page or in writing.
15.11 Goods should be returned to our postal address. Should we discover a fault with your DVDs a replacement or refund will be given via your original method of payment.
15.12 Any deemed faulty disc or product must be returned to us in the same state it was received i.e. as (NEW) with no obvious scratches or cosmetic damage.
- Money Back Guarantees
16.1 Any “Money Back Guarantees” if made, exclude any incurred delivery charges both inwards and outwards unless stated otherwise.
17.1 Moving Memories Productions will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement.
18.1 All prices quotes are in UK Pounds (GBP) unless stated otherwise.
- Methods and Terms of Payment
19.1 BACS payments: Preferablly we accept payments by BACS. Full payment details can be found on our invoice which will be sent via email on completion of our work.
19.2 Cash: We accept cash payments by appointment only (i.e. when collecting your order in person from us).
19.3 Cheque: We will accept cheques in GBP made payable to: ‘Moving Memories Productions Ltd.’
19.4 Credit/Debit Card transactions can be accepted via our World Pay Terminal or via PayPal www.paypal.me/movingmemories
19.5 Payments in foreign currencies will not be accepted. Only full payments in GBP can be made.
- Over-Payments & Under-Payments
20.1 Should your order be underpaid we will continue to carry out your conversion and contact you for further payment.
20.2 Over-payments of £2.00 or less are NOT refunded due to handling costs.
- Postage Charges and Delivery
21.1 All postage and delivery charges are the responsibility of the customer ordering. We will advise customers of any additional costs before delivering back your old media and new transfers.
21.2 We offer a number of options for the return of your order. These costs will vary by order size and we will do our best to advise on this at the time of ordering. We aim to ship orders within 1 working day of receiving cleared payment. We will always use a reputable carrier but we cannot be held responsible for delays or damage caused by the relevant carrier.