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    Enterprise Plan Terms & Conditions


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    Terms & Conditions
    Please read all these terms and conditions.
    As we can accept your order and make a legally enforceable agreement without further reference to you, you must read
    these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you
    are not sure about anything, just phone us on .
    1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
    2. We are Factory Images Ltd trading as Smartphone Films a company registered in England and Wales under number
    10353508 whose registered office is at Swift House Ground Floor, 18 Hoffmanns Way, Chelmsford, Essex, United
    Kingdom, CM1 1GU with email address studio@smartphonefilms.co.uk; (the Supplier or us or we).
    3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by
    these Terms and Conditions.
    4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft
    or profession;
    5. Contract means the legally-binding agreement between you and us for the supply of the Services;
    6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in
    the Order;
    7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
    8. Order means the Customer's order for the Services from the Supplier as set out overleaf;
    9. Services means the services, including any Goods, of the number and description set out in the Order.
    10. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of
    advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour
    of any Goods supplied.
    11. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any
    information or specification you provide is accurate.
    12. All Services are subject to availability.
    13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.
    We will notify you of these changes.
    Customer responsibilities
    14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and
    representatives with access to any premises under your control as required, provide us with all information required to
    perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
    15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until
    you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on
    written notice to you.
    Basis of Sale
    16. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement
    does not constitute a contractual offer to sell the Services or Goods.
    17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without
    18. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying
    that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.
    19. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 10 days from its date, unless
    we expressly withdraw it at an earlier time.
    20. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has
    been entered into unless the variation is agreed by the Customer and the Supplier in writing.
    21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the
    Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is
    not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous
    physical presence away from those premises, or (ii) made immediately after the Customer was personally and
    individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises.
    If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more
    appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to
    consumer protection law. Business premises means immovable retail premises where we carry on business on a
    permanent basis or, in the case of movable retail premises, on a usual basis.
    Fees and Payment
    22. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or
    other charges is that set out in our price list current at the date of the Order or such other price as we may agree in
    writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
    23. Fees and charges include VAT at the rate applicable at the time of the Order.
    24. Payment for Services must be made within 30 days of invoice. You must pay in cash or by submitting your credit
    or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
    25. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or,
    failing any agreement:
    in the case of Services, within a reasonable time; and
    in the case of Goods, without undue delay and, in any event, not more than 30 calender days from the day on
    which the Contract is entered into.
    26. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to
    reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid
    above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or
    27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to
    any other remedies) treat the Contract at an end if:
    we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant
    circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on
    time was essential; or
    after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances
    and we have not delivered within that period.
    28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the
    29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order
    for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies)
    without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have
    been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
    30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the
    value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without
    also cancelling or rejecting the Order for the rest of them.
    31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and
    Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or
    other taxes, as we will not pay them.
    32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason,
    subject to the above provisions and provided you are not liable for extra charges.
    33. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may
    charge the reasonable costs of storing and redelivering them.
    34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if
    reasonably practicable, examine the Goods before accepting them.
    Risk and Title
    35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
    36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards
    your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by
    you, in which case you must return them or allow us to collect them.
    Withdrawal and cancellation
    37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and
    without giving us a reason, and without incurring any liability.
    38. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later
    than 1 calendar day from the day the Contract was entered into. If you simply wish to change your mind and without
    giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods
    in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods and
    Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your
    rights when the reason for the cancellation is any defective Goods or Services.
    39. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not
    meet the following obligation.
    40. Upon delivery, the Goods will:
    be of satisfactory quality;
    be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you
    made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment)
    and be fit for any purpose held out by us or set out in the Contract; and
    conform to their description.
    41. It is not a failure to conform if the failure has its origin in your materials.
    42. We will supply the Services with reasonable skill and care.
    43. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our
    behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account
    when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract.
    Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf
    of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this
    Contract or later).
    Duration, termination and suspension
    44. The Contract continues as long as it takes us to perform the Services.
    45. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or
    suspension to the other if that other:
    commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either
    cannot be fixed or is not fixed within 30 days of the written notice; or
    is subject to any step towards its bankruptcy or liquidation.
    46. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be
    47. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with
    regard to your personal information.
    48. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy
    and cookies policy which can be found on our website.
    49. For the purposes of these Terms and Conditions:
    'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not
    limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    'GDPR' means the General Data Protection Regulation (EU) 2016/679.
    'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
    50. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
    51. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal
    Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the
    Data Protection Laws:
    before or at the time of collecting Personal Data, we will identify the purposes for which information is being
    we will only Process Personal Data for the purposes identified;
    we will respect your rights in relation to your Personal Data; and
    we will implement technical and organisational measures to ensure your Personal Data is secure.
    52. For any enquiries or complaints regarding data privacy, you can e-mail: robert@factorygroup.co.uk.
    Successors and our sub-contractors
    53. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its
    obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help
    perform its duties.
    Circumstances beyond the control of either party
    Circumstances beyond the control of either party
    54. In the event of any failure by a party because of something beyond its reasonable control:
    the party will advise the other party as soon as reasonably practicable; and
    the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and
    the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the
    Customer's above rights relating to delivery and the right to cancel below.
    Excluding liability
    55. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence
    or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not
    reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your
    business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not
    buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
    Governing law, jurisdiction and complaints
    56. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
    57. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in
    Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
    58. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to
    find a solution. We will aim to respond with an appropriate solution within 1 days
    Privacy Policy
    This privacy policy applies between you, the User of this Website and Factory Images Ltd trading as Smartphone Films , the
    owner and provider of this Website. Factory Images Ltd trading as Smartphone Films takes the privacy of your information
    very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to
    your use of the Website.
    This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: www.
    Please read this privacy policy carefully.
    Definitions and interpretation
    1. In this privacy policy, the following definitions are used:
    Data collectively all information that you submit to Factory Images Ltd trading as Smartphone Films via
    the Website. This definition incorporates, where applicable, the definitions provided in the Data
    Protection Laws;
    any applicable law relating to the processing of personal Data, including but not limited to the
    Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws,
    regulations and secondary legislation, for as long as the GDPR is effective in the UK;
    GDPR the General Data Protection Regulation (EU) 2016/679;
    Images Ltd
    trading as
    Films ,
    we or us
    Factory Images Ltd trading as Smartphone Films , a company incorporated in England and Wales
    with registered number 10353508 whose registered office is at Swift House Ground Floor, 18
    Hoffmanns Way, Chelmsford, Essex, Essex, United Kingdom, CM1 1GU ;
    User or you any third party that accesses the Website and is not either (i) employed by Factory Images Ltd trading
    as Smartphone Films and acting in the course of their employment or (ii) engaged as a consultant or
    otherwise providing services to Factory Images Ltd trading as Smartphone Films and accessing the
    Website in connection with the provision of such services; and
    Website the website that you are currently using, www.smartphonefilms.co.uk, and any sub-domains of this
    site unless expressly excluded by their own terms and conditions.
    2. In this privacy policy, unless the context requires a different interpretation:
    the singular includes the plural and vice versa;
    references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of
    this privacy policy;
    a reference to a person includes firms, companies, government entities, trusts and partnerships;
    "including" is understood to mean "including without limitation";
    reference to any statutory provision includes any modification or amendment of it;
    the headings and sub-headings do not form part of this privacy policy.
    Scope of this privacy policy
    3. This privacy policy applies only to the actions of Factory Images Ltd trading as Smartphone Films and Users with
    respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not
    limited to, any links we may provide to social media websites.
    4. For purposes of the applicable Data Protection Laws, Factory Images Ltd trading as Smartphone Films is the "data
    controller". This means that Factory Images Ltd trading as Smartphone Films determines the purposes for which, and
    the manner in which, your Data is processed.
    How we collect Data
    5. We collect Data in the following ways:
    data is given to us by you ; and
    data is collected automatically.
    Data that is given to us by you
    6. Factory Images Ltd trading as Smartphone Films will collect your Data in a number of ways, for example:
    when you contact us through the Website, by telephone, post, e-mail or through any other means;
    in each case, in accordance with this privacy policy.
    Data that is collected automatically
    7. To the extent that you access the Website, we will collect your Data automatically, for example:
    we automatically collect some information about your visit to the Website. This information helps us to make
    improvements to Website content and navigation, and includes your IP address, the date, times and frequency with
    which you access the Website and the way you use and interact with its content.
    Keeping Data secure
    8. We will use technical and organisational measures to safeguard your Data, for example:
    access to your account is controlled by a password and a user name that is unique to you.
    we store your Data on secure servers.
    9. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any
    misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail
    address: robert@factorygroup.co.uk.
    10. If you want detailed information from Get Safe Online on how to protect your information and your computers and
    devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get
    Safe Online is supported by HM Government and leading businesses.
    Data retention
    11. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the
    period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
    12. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
    Your rights
    13. You have the following rights in relation to your Data:
    Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we
    modify, update or delete such information. If we provide you with access to the information we hold about you,
    we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally
    permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
    Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
    Right to erase - the right to request that we delete or remove your Data from our systems.
    Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which
    we can use it.
    Right to data portability - the right to request that we move, copy or transfer your Data.
    Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
    14. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data
    (where consent is our legal basis for processing your Data), please contact us via this e-mail address:
    15. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able
    to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's
    Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
    16. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes
    during the period for which we hold it.
    Links to other websites
    17. This Website may, from time to time, provide links to other websites. We have no control over such websites and are
    not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You
    are advised to read the privacy policy or statement of other websites prior to using them.
    Changes of business ownership and control
    18. Factory Images Ltd trading as Smartphone Films may, from time to time, expand or reduce our business and this may
    involve the sale and/or the transfer of control of all or part of Factory Images Ltd trading as Smartphone Films . Data
    provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part
    and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data
    for the purposes for which it was originally supplied to us.
    19. We may also disclose Data to a prospective purchaser of our business or any part of it.
    20. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
    21. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights
    under this privacy policy where we reasonably believe your rights will not be affected.
    22. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid,
    illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the
    validity and enforceability of the other provisions of this privacy policy will not be affected.
    23. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a
    waiver of that, or any other, right or remedy.
    24. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising
    under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
    Changes to this privacy policy
    25. Factory Images Ltd trading as Smartphone Films reserves the right to change this privacy policy as we may deem
    necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and
    you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the
    You may contact Factory Images Ltd trading as Smartphone Films by email at robert@factorygroup.co.uk.