Terms & Conditions
Terms and Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any
or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods, including copyright and intellectual property, remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Minimum 48 hours notice of cancellation required. Less than 48 hours cancellation notice will incur a 50% charge of the overall project cost, less than 24 hours cancellation notice will incur a 100% charge of the overall project cost. Notification for instance, in person, via email, and/or fax, will be accepted subject to confirmation in writing by both parties. We reserve the right to levy a £50 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded.
Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered in England and Wales, Number 07444120, registered office 84 Queen Street, Sheffield S1 2DW.
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
Your statutory Consumer Rights are unaffected.
TERMS AND CONDITIONS FOR THE HIRE OF EQUIPMENT
The terms and conditions set out below shall be the basis of all Contracts of Hire with oXyFire Media Creative Ltd, which shall be concluded by a Rental Agreement form by any person, persons or body corporate and the handing over of goods by oXyFire Media Creative Ltd on the basis of such Rental Agreement
In these terms and conditions oXyFire Media Creative Ltd means oXyFire Media Creative Ltd whose principal place of business is Digital Dojo, 84 Queen Street, Sheffield, S1 2DW The hirer shall mean any person, persons or body corporate entering into a rental agreement with oXyFire Media Creative Ltd for the hire of goods and equipment
“Goods and equipment” referred to in “The terms and conditions” refer to those set out below and shall be the sole conditions of any contract with oXyFire Media Creative Ltd subject to any addition or amendment which shall be in writing and ratified by a Director of oXyFire Media Creative Ltd
3. The Period of Hire:
(a) The period of hire shall commence with the hirer taking possession of the equipment (whether or not such receipt shall have been from oXyFire Media) and shall terminate when equipment is returned. It is the responsibility of the hirer to obtain such receipt for the return of equipment, which will represent sole evidence of the return of equipment to oXyFire Media
(b) Where equipment is delivered or collected by hire, hirer’s servant or agents such delivery or collection is at the hirer’s risk and expense and the hirer shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves oXyFire Media’s premises until it is returned to oXyFire Media’s premises whether or not the equipment is being delivered or collected by oXyFire Media Creative Ltd or is in the custody of oXyFire Media, it’s directors, servants or agents
(b) The hirer will satisfy himself on taking possession of all equipment that it is in good working order and in undamaged condition. The hirer’s signature on the rental agreement will be taken as conclusive evidence that such agreement has been satisfied. Any matters relating to the sub standard condition or working of the equipment must be referred to oXyFire Media Creative Ltd and (if the rental is to proceed) a note endorsed on the Rental Agreement to be countersigned by oXyFire Media
(c) All equipment on hire remains the absolute property of oXyFire Media Creative Ltd
(d) The hirer shall have no authority to transfer or otherwise part with possession of the equipment during the period of hire unless the express written consent of oXyFire Media Creative Ltd is first obtained
(e) In the event that the hirer intends to take equipment out of the main land of England, Scotland or Wales or use the same for any abnormal or hazardous assignment then consent must first be obtained from oXyFire Media Creative Ltd who may at their sole discretion vary the terms of the rental
5. Damage or Loss to Equipment Hired:
(a) It shall be the absolute responsibility of the hirer to ensure the safe keeping of equipment and the hirer will indemnify oXyFire Media Creative Ltd in respect of any loss or damage howsoever caused whilst in the hirer’s possession
(b) All damage or loss will be notified to oXyFire Media Creative Ltd immediately (or as soon as practicable) following which the goods must be returned to oXyFire Media Creative Ltd for repair or replacement should repair be uneconomic. The hirer may carry out repairs to the damaged equipment with the express consent of oXyFire Media Creative Ltd and shall otherwise make no attempt to examine diagnose repair or remove the out casing of the equipment hired
(c) The hirer shall be liable to pay the full cost of replacement of any equipment lost or damaged beyond repair with reference to new equipment of the same or nearest available specification
(d) In the event of loss or damage to equipment the period of hire will without further reference to the hirer extend and consequent charges applied until such time as full reimbursement for the cost of replacement of the lost or damaged equipment has been made whether or not such period extends beyond that of the original rental agreement
(e) At the time of booking equipment hire the hirer must show adequate proof that they possess adequate insurance to cover the cost of all equipment being hired on a new for old basis and the insurance must also cover any other costs which may be incurred by oXyFire Media Creative in either the repair or recovery or repurchase of any or all of the equipment being hired
(a) oXyFire Media Creative Ltd shall not be liable under any circumstances whatsoever for losses incurred by the hirer due to faulty or non functioning equipment during the period of hire. oXyFire Media Creative Ltd will however take all steps to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment
(b) The hirer will indemnify oXyFire Media Creative Ltd at all times fully against any liabilities, demands, actions, claims or proceedings arising from or in connection with the equipment hired
(c) In the event that the hirer shall create, use with or in conjunction to any equipment hired any unique or original material or matter oXyFire Media Creative Ltd shall have no liability whatsoever in respect of the loss, damage or imperfection of any such material and the hirer will be fully indemnify oXyFire Media Creative Ltd in respect of any such claims by a third party
7. Rental Fees:
(a) During the Rental agreement the hirer will pay the rental fee as specified in the Rental Agreement plus V.A.T. In the event of the Rental Agreement specifying a daily rate then such rate will be charged to the end of the day on which the equipment is returned
(b) oXyFire Media Creative Ltd reserve the right to charge a cancellation fee not exceeding the full rental charge under the Rental Agreement if a cancellation is made by the hirer
(c) All fees under the Rental Agreement will be discharged at the time of the hirer returning the equipment or with the specific consent of oXyFire Media Creative Ltd up to thirty days after the date of any invoice subsequently issued
(d) oXyFire Media Creative Ltd reserve the right to determine the contract and recover any equipment hired in the event of bankruptcy, insolvency or liquidation of the hirer
(e) Where the hirer is a body corporate registered in the United Kingdom oXyFire Media Creative Ltd may at their sole discretion require a surety to the Rental Agreement. The surety hereby agrees to indemnify oXyFire Media Creative Ltd in respect of all sums due under the Contract of Hire in the event of partial or total default by the Hirer Company
(a) Payment for hire goods ordered shall be made prior to the time of delivery unless the customer shall have been granted a credit account. Such facility shall have been agreed by oXyFire Media Creative Ltd in writing and the existence of a credit account will be indicated on the hire invoice together with the specific credit period. In the absence of any specific credit period the invoice shall be construed to express a maximum period of thirty days
(b) oXyFire Media Creative Ltd reserve the right to add to any overdue balance at the due date an additional sum calculated by reference to 4% per annum above clearing bank base rate for the time being on any outstanding balance accruing on a daily basis
(c) Where an order made by customers is accepted by oXyFire Media Creative Ltd and a deposit is paid over by the customer and such sum is agreed between the parties, oXyFire Media Creative Ltd reserve the right to retain the full amount of the deposit to set against any costs they incur in fulfilling the customer’s order
(d) oXyFire Media Creative Ltd reserve the right to take a returnable loss/damage deposit in lieu of any loss/damage to the hired equipment