KATALINA MEDIA SERVICES LIMITED
Trading as Interactive4video.com WEBSITE TERMS AND CONDITIONS OF SUPPLY
This page set out the terms and conditions on which we supply any of the products (Products) and services (Services) listed on www.interactive4video.com. Please read these terms and conditions carefully before ordering any Products or Services from our website.
You should understand that by placing an order with us, you agree to be bound by these terms and conditions.
When placing an order with us, we will perform our Services in order to deliver a Digital Resource to you in accordance with the specifications you will have discussed and agreed with a member of our team. Confirmation of which will be sent by email.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 We operate the website www.interactive4video.com. We are Katalina Media Services Limited, a company registered in England and Wales under company number 07098785 and with our registered office at Penrose House, 67 Hightown Road, Banbury, OX16 9BE, United Kingdom. Our main trading address is 21 Godliman Street, London EC4V 5BD.
1.2 We specialise in interactive video creation services. When entering into a contract with us you place an order for an interactive video build, custom-made according to your requirements.
1.3 Once you place an order with us, we will perform our Services in order to develop and deliver the Digital Resource in accordance with the Order Confirmation as defined under 4.1 below.
The filming is made at our premises at the following address: 21 Godliman Street, London EC4V 5BD and you can choose from various options regarding the background image, branding, titles, slides, as provided on the website at the time you make your booking.
2. SERVICE AVAILABILITY
Our website is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.
3. YOUR STATUS
By placing an order through our website, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
(c) you are resident in the United Kingdom; and
(d) you are accessing our website from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After confirming your order with us, you will receive an order confirmation email. Once we have agreed the project specifications and your project has started, you will be requested to make an online payment with a debit, credit card or via PayPal. The contract between us (Contract) will only be formed when payment has been received.
4.2 The Contract will relate only to those Services whose provision we have confirmed in the Order Confirmation also incorporating a description of the Digital Resource that we will deliver to you, which will be available within 5 business days following receipt of payment. Once delivered, we will not be obliged to supply any other Services or Digital resources which may have been part of your order until the provision of such Services and delivery of such Digital Resource has been confirmed in a separate communication with one of our team members.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received our Order Confirmation. In this case, you will receive a full refund of the price paid for the Digital Resource in accordance with our refunds policy (set out in clause 9 below).
5.2 As a consumer, if you agree that the performance of our Services will start before the usual cancellation period mentioned above in 5.1 expires, your cancellation rights will end when performance of our Services starts.
5.3 To cancel a Contract, you must inform us in writing. You must also do so before we start performing the Services, and at your own cost.
5.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation This provision does not affect your other statutory rights as a consumer. These terms will be available on a link provided in the booking confirmation E.g.– "To review our terms and conditions click here.”
5.5 Please be aware that even if you are contracting as a consumer, you will NOT be able to cancel your order made for a custom-made Digital Resource once we have started performing the Services in view of creating the Digital Resource.
6. AVAILABILITY AND DELIVERY
6.1 The delivery date of the Digital Resource is within 5 business days after the date on which payment is received.
6.2 Your Digital Resource will be provided in the format of a digital embed code for placement and utilisation within your website, when we receive full payment of all sums due in respect of the service, including any extra charges that may relate to additional requirements during project delivery.
7. RISK AND TITLE
7.1 The Digital Resource will be at your risk from the time supply.
7.2 Ownership of the Digital Resource will only pass to you once the embed code has been supplied. All existing and future copyright and other intellectual property rights will be assigned to you upon download of the Digital Resource.
8. PRICE AND PAYMENT
8.1 The standard price of our Services and the Digital Resource is $199 per video. This is limited to a maximum of 20 interactive elements. Additional elements may be purchased at a cost of $10 per element excluding any elements that require bespoke integration with third party applications such as; CRM and Webchat. These will be charged based on time and materials required. The prices quoted exclude VAT if applicable.
8.2 Our prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you our Order Confirmation.
8.3 The Digital Resource will be provided at the time of your final approval and will be available via an embed code supplied to you. Its price is included in the payment as shown in the Order Confirmation.
8.4 It is always possible that, despite our best efforts, some of the products and services listed on our website may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Service's correct price for the creation of a Digital Resource is less than our stated price, we will charge the lower amount to you when performing the Service for the creation of the Digital Resource. If a product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before proceeding with order, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Digital Resource to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for all Services and Digital Resources must be by credit, debit card or PayPal. We will not charge your credit or debit card (or PayPal account) until we start performing the Services in order to complete your Digital Resource order.
9. CANCELLATION AND REFUNDS POLICY
9.1 You may cancel your order at any time prior to payment being made, at no charge. If payment has been made and work commenced, we will apply a $50 administration fee which will be deducted from the refund. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the entire amount cleared when the payment was processed (less the administration fee).
9.2 All cancellations should be sent via email to firstname.lastname@example.org with subject line: Cancellation of order request
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your order.
10. HOSTING SERVICES
10.1 We utilise Wistia for hosting and the HapYak interactive platform. Once the interactive video is completed and approved by you, we will supply you with an embed code to utilise on your website. Alternatively, you may have your own hosting platform, in which case, please provide us with the embed code before we start the project.
10.2 Once your first interactive video product has been delivered, any further orders will require you to purchase a Wistia license: https://wistia.com/pricing Alternatively, use may use another 3rd party hosting platform that is supported by us.
10.3 Any video assets hosted by us longer than one year, will be charged at $50 per annum for every year following the end of year 1. Payment will be due at the beginning of each subsequent year.
11. THIRD PARTY PRODUCTS
11.1 Any third-party products to be supplied with a Digital Resource will be identified in the Order Confirmation
11.2 Any such third party product will be supplied in accordance with the relevant licensor’s standard terms. The licence fee for such products is included in the price charged for the performance of the Services and the creation of the Digital Resource
12.1 We warrant to you that we will perform the Services with reasonable skill.
12.2 Any Digital Resource ordered from us through our website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12.3 We warrant to you that we have obtained all rights and licences necessary to develop the Digital Resource and that the Digital Resource will not infringe the intellectual property rights of any third party.
12.4 If the Digital Resource does not conform to the Order Specification, we shall, for no additional charge, promptly make the changes to the Digital Resource to ensure it conforms to the order specification [Project Specification].
13.1 Subject to clause 13.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services and the creation of the Digital Resource.
13.2 Subject to clause 13.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 13.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 13.2.
13.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13.4 Upon your request, the interactive video specialist will make reasonable changes to the digital resource to the minimum extent that the order specification is met. Once you have approved the final version, any subsequent changes to the digital resource are at your discretion and solely your responsibility.
13.5 You shall ensure that the materials used when editing the Digital Resource do not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party intellectual property rights) (Inappropriate Content).
13.6 You shall indemnify us and hold us harmless against all damages, losses and expenses arising as a result of any action or claim that the materials you used when editing the Digital Resource constitute Inappropriate Content.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Katalina Media Services Ltd at 21 Godliman Street, London, EC4V 5BD United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force
Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
22. LAW AND JURISDICTION
Contracts for the purchase of Services and Digital Resources through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.