Website Terms and Conditions of Use
Terms and conditions of downloading content
These terms and conditions of download (Download Conditions) set out the terms and conditions on which you, the customer (the Customer), agree to purchase videos and/or photographs (Content) for download from our website http://catersnews.clipservers.com (the site). References to Company are to us, Caters News Agency Limited.
Please read these Download Conditions carefully. By purchasing or downloading Content from the site, Customers are deemed to agree to be bound by these Download Conditions.
Customers should print a copy of these Download Conditions for future reference.
Please tick the box next to the wording “tick here to agree to the terms and conditions” to indicate acceptance of these Download Conditions. Customers who do not accept these Download Conditions will not be able to purchase or download any Content from the site. By accepting these Download Conditions, the person entering into this contract on behalf of the Customer confirms that he is an authorised signatory of the Customer with the authority to enter into this contract.
1.1 The following definitions shall have the following meanings in these Download Conditions:
Account Status: the status of the account created by the Customer with the Company, being Bronze, Silver or Gold;
Downloaded Content: Content which the Customer pays to download from the site to be able to use such Content for the Permitted Use subject to these Download Conditions;
Fees: the fees payable by the Customer in respect of the use of Content for the Permitted Use, as set out on the site in respect of the relevant Content;
Permitted Use: the use of the Downloaded Content for editorial use only in any format;
Territory: the territory in which the Customer is permitted to use the Downloaded Content, as specified on the site in relation to that Downloaded Content.
2 Customer account
2.1 Upon creating an account with the Company, the Company will notify the Customer as to their Account Status. Payment terms differ depending on the Account Status of the Customer, as set out in paragraph 6.4.
2.2 This site is intended for business customers, not consumers. To set up an account with the Company, the Customer may be required to confirm that the Customer is contracting with the Company in the course of business.
2.3 If the Customer chooses, or is provided with, a user identification code, password or any other piece of information as part of the Company’s security procedures, the Customer must treat such information as confidential, and must not disclose it to any third party. The Company has the right to disable any user identification code or password, whether chosen by the Customer or allocated by the Company, at any time, if in the Company’s opinion the Customer has failed to comply with any of the provisions of these Download Conditions.
2.4 The Customer is also responsible for ensuring that all persons who access the site through its internet connection are aware of these Download Conditions, and that they comply with them.
3 How the contract is formed
Each time the Customer downloads Content from the site for use in accordance with paragraph 5.1, a contract will be formed between the Company and the Customer on the terms of these Download Conditions.
4 Consumer rights
In the event that the Customer contracts with the Company as a consumer, the right to cancel the contract as a consumer under the Distance Selling Regulations 2000 shall not apply to Downloaded Content, which by its nature, cannot be returned.
5 Use of Content
5.1 The Company grants to the Customer a limited, non-exclusive right to use Downloaded Content in the Territory for the Permitted Use only and for no other purpose without the written consent of the Company. The licence granted in this paragraph 5.1 is a single use licence and permits the Customer to use the Downloaded Content in one publication only unless otherwise expressly agreed by the Company.
5.2 Downloaded Content may not be used for advertising, commercial, merchandising or any other purpose and the Customer may not edit, sell, sub-license, assign or transfer the Downloaded Content to any third party unless expressly agreed by the Company.
6 Price and payment
6.1 The Fees payable for Downloaded Content will be as quoted on the site from time to time, except in cases of obvious error. All Fees quoted on the site are quoted in pounds sterling and exclude VAT, which shall be payable (where applicable) at the appropriate rate in addition to such Fees.
6.2 Fees are liable to change at any time, but changes will not affect Downloaded Content.
6.3 Payment must be made in pounds sterling unless otherwise agreed by the Company and can be made by Visa Credit, Visa Debit, MasterCard Credit, MasterCard Debit, JCB, Visa Electron, Maestro and Solo.
6.4 Payment terms depend on the Account Status of the Customer, as follows:
(a) Bronze: Payment will be made at the time of order prior to downloading Content from the site.
(b) Silver: Within fourteen days of the end of each month, the Company shall send to the Customer an invoice for the Fees payable for the previous month together with a statement detailing the Downloaded Content downloaded by the Customer and the Fees payable for such Downloaded Content. The Customer shall pay in full and cleared funds all invoices within 28 days of the date of invoice.
(c) Gold: Within fourteen days of the end of each month, the Company shall send to the Customer an invoice for the Fees payable for the previous month together with a statement detailing the Downloaded Content downloaded by the Customer and the Fees payable for such Downloaded Content. The Customer shall pay in full and cleared funds all invoices within 28 days of the date of invoice.
6.5 Time for payment is of the essence.
6.6 Without prejudice to any other right or remedy of the Company, if the Customer fails to make any payment under these Download Conditions on the due date for payment then the Company shall be entitled to:
(i) charge the Customer interest on the unpaid amount at the rate of four per cent (4%) per annum above the then current base rate of Natwest Bank plc from the due date for payment until payment is received in full by the Company; and
(ii) suspend the Customer’s access to the Content or prevent the Customer from downloading any Content until the Company has received payment in full.
7 Refunds policy
7.1 Refunds in respect of Downloaded Content will only be made if the Customer can show to the Company’s reasonable satisfaction that the Downloaded Content was not of a satisfactory quality for the Permitted Use.
7.2 Where the Company confirms that a refund will be made, the Company will usually process the refund due to the Customer as soon as possible and, in any case, within 30 days of the day the Company confirmed to the Customer the Customer was entitled to a refund for the Downloaded Content. The Company will usually refund any money received from the Customer using the same method originally used by the Customer to pay for the Downloaded Content.
8.1 The Company warrants that any Downloaded Content is of satisfactory quality and reasonably fit for the Permitted Use.
8.2 The Company gives no warranty or representation that the Downloaded Content will not infringe the intellectual property rights or other proprietary or privacy rights of a third party. The Customer hereby acknowledges and agrees that it uses the Content “as is” at its own risk.
8.3 Save as expressly set out in these Download Conditions, the Company makes no representations or warranties about the Content.
8.4 Nothing in these Download Conditions shall exclude or restrict either party's liability for death or personal injury resulting from that party's negligence, or for fraud, or for fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.
8.5 The Company shall not in any circumstances be liable to the Customer for any of the types of loss listed below whether arising from negligence, breach of contract or otherwise. Those types of loss are as follows:
(a) loss of profits;
(b) loss of revenue;
(c) economic loss;
(d) loss of business or contracts;
(e) loss of anticipated savings or goodwill;
(f) losses arising from loss of data;
(g) any losses which arise other than directly and naturally from a breach of contract or other losses which a courts holds to be consequential, special or indirect losses;
(h) any losses suffered by the Customer arising from any claim against it by a third party for any of the above types of loss.
8.6 Subject to paragraph 8.4, the Company’s entire liability whether in contract, tort (including negligence) or otherwise under these Download Conditions, shall be limited to the Fees paid by the Customer to the Company during the 12 months prior to the date on which such cause of action arises.
9 Links to third party websites
9.1 The site may contain links to the websites of other companies, whether affiliated with the Company or not. The Company cannot give any undertaking that products purchased from third party websites will be of satisfactory quality, and any such warranties are DISCLAIMED by the Company absolutely. This DISCLAIMER does not affect the Customer's statutory rights against the third party seller.
10 Events outside our control
10.1 Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Download Conditions due to any event which is outside that party's reasonable control.
11 Written Communications
11.1 Applicable laws require that some of the information or communications the Company may send to the Customer should be in writing. The Customer accepts that communication with the Company will be mainly electronic. The Company may contact the Customer by e-mail or provide the Customer with information by posting notices on the site. For contractual purposes, the Customer agrees to this electronic means of communication and the Customer acknowledges that all contracts, notices, information and other communications that the Company provides to the Customer electronically complies with any legal requirement that such communications be in writing.
12.1 All notices given by the Customer to the Company should be sent to the Company:
By e-mail to: email@example.com, or
By post to: Caters News Agency Ltd, Queensgate, 121 Suffolk Street, Birmingham, B1 1LX, UNITED KINGDOM.
12.2 The Company may give notice to the Customer at either the e-mail or postal address the Customer provides to the Company when registering as a Customer.
12.3 Notice will be deemed received and properly served immediately when posted on the site, 24 hours after an e-mail is sent, or two 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.
13 Transfer of rights
13.1 The contract between the Customer and the Company is binding on the Customer and the Company and on each party’s respective successors and assigns.
13.2 The Customer may not transfer, assign, charge or otherwise dispose of any of its rights or obligations under these Download Conditions without the Company’s prior written consent.
13.3 The Company may transfer, assign, charge, sub-contract or otherwise dispose of any or all of its rights or obligations under these Download Conditions.
14.1 The rights and remedies of either party in respect of these Download Conditions shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time granted by such party to the other nor by any failure of, or delay by the said party in ascertaining or exercising any such rights or remedies. The waiver by either party of any breach of these Download Conditions shall not prevent the subsequent enforcement of any subsequent breach of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
14.2 Nothing in these Download Conditions creates any partnership, fiduciary, employer/employee relationship or other professional relationship between the Customer and the Company.
14.3 These Download Conditions represent the entire agreement between the Customer and the Company in relation to the subject matter of this agreement and supersede any prior agreement, understanding or arrangement between the Company and the Customer. The parties acknowledge that, in entering into this agreement, neither party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between the parties prior to such agreement except as expressly stated in these Download Conditions.
14.4 If any of these Download Conditions 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.
14.5 A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
14.6 The Company may revise these Download Conditions at any time by updating this page or by posting notices elsewhere on the site. Any changes to these Download Conditions shall be applicable from the date of posting on the site. Customers should check these Download Conditions each time they download any Content from the site.
14.7 These Download Conditions are governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any claim arising from, or related to, a visit to the site (although the Company retains the right to bring proceedings against the Customer for breach of these Download Conditions in their country of residence or any other relevant country).
15 About Us
15.1 The site is owned and operated by Caters News Agency Limited, a company registered in England and Wales with company number 04372269 and having its registered office at 68 Argyle Street, Birkenhead, Merseyside, CH41 6AF. The Company’s trading address is Queensgate Business Centre, 121 Suffolk Street, Queensway, Birmingham, B1 1LX. Our VAT number is 825406048.