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The following Terms and Conditions will govern any Contract of Sale that
Photomemory enters into. These Terms and Conditions cover both the DIY
Service (you upload and have full control of all images) and Pay-As-You-Go
Service (Photomemory upload and control all images). Please read carefully.
Payment Policy
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Invoices will be issued
electronically once per month and payment will be expected within 14 days. For the Pay-As-You-Go
Service we retain the right not to accept any further
orders should an invoice be outstanding for more than 30 days from invoice date. We
will remove all albums if an invoice is outstanding for more than 60 days. The
DIY Service is a pre-pay service and therefore payments must be made before
the start of each new payment period. Failure to do this will result in the
service being automatically suspended until payment is received.
Payment Method
- Payments for all work must be
made by either Electronic Transfer (details are at the base of each
invoice), Credit Card (follow the "PAY NOW" button on your control panel),
PAYPAL (again follow the "PAY NOW" button) or telephone Credit Card (call
0845 868 2739 and we'll do the rest). We do NOT accept Cheques.
Delivery
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For Pay-As-You-Go customers we will apply
our best efforts to have an album available on the web site no later than two
working days from receipt of images.
Cancellation Rights
- Either of us shall have the right to terminate any contract between us without
reason or penalty within 7 working days from the date of the initial set up. In the event of
termination we shall refund to you all sums paid by you to us within 30 days
from the date of cancellation. Both services have a minimum contract
period of 12 months. Photomemory guarantees to provide a service
for a minimum of 12 months from the commitment date. If termination is made by
Photomemory prior to the 12 months, Photomemory will refund a pro-rata amount
of the original set up costs. After the initial 12 months, termination maybe
made by either party without penalty by giving 3 months written notice.
Refusal
- We do NOT accept any material that we deem is offensive. We retain the right to refuse
any customers order.
Copyright
- If the photographs you are submitting were not taken by yourself then it is
your responsibility to obtain formal written authorisation from the copyright
owner.
Full Website Design
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If you have ordered a full website design and construction then additional
terms and conditions apply. These can be seen by clicking
HERE.
Availability
- Every effort is made to keep the website online and working
correctly. However, Photomemory takes no responsibility for, and
will not be liable for, the website being temporarily unavailable
due to issues beyond our control.
Complaints
- The Contract
between us shall be governed by the laws of England and any
dispute will be resolved exclusively in the courts of England. We operate a
complaints handing procedure which we will use to try to resolve disputes when
they first arise. If you have a complaint contact us by clicking
Here.
Enforcement
- Failure by us to enforce any of these terms and conditions will not affect our
right to enforce the rest of these terms and conditions.
Indemnification
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All Photomemory
customers agree
that they shall defend, indemnify, save and hold Photomemory harmless from any
and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against Photomemory, its agents, its customers,
officers and employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by customer, its agents,
employees or assigns. Affiliated members agree to defend, indemnify and hold
harmless Photomemory against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise distributed in
connection with Photomemory services (2) Any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and (4) any defective products sold to customer from
Photomemory server ; (5) Any damage
caused by computer viruses not identified and intercepted by our software.
Force Majeure
- The Company shall not be liable in respect of any shortage or failure to
supply goods where such shortage of or failure is due to act of God or any other
reason beyond the control of the Company and the Company in such circumstances
will not be liable in respect of any consequential loss to the Purchaser.
Statutory Rights
- These
terms and conditions do not affect your statutory rights.
Terms and Conditions Changes
- These Terms and
Conditions are subject to change at any time without prior notice to you.
They were last changed on 1st August 2007. We
advise you to print and keep safe a copy of these Terms and Conditions.
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