Terms and Conditions of Business V.2.2.5
- These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you for multimedia classes and courses for your child. Our services include goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your booking form to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us
2.1. Who we are. We are Silverbox Films Ltd a company registered in England and Wales. Our company registration number is 07550012 and our registered office is at The Old Casino, 28 Fourth Avenue, Hove, East Sussex, England, BN3 2PJ. We provide multimedia classes and courses for school children aged 8 years and upwards.
2.2. How to contact us. You can contact us by telephoning our customer service team at 07877 945460 or by writing to us at firstname.lastname@example.org or at our postal address 14 Glynde Road, Brighton, East Sussex, BN2 9YJ
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking form.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our Contract with you
3.1. How we will accept your application. Our acceptance of your application will take place after:
3.1.1 you complete the booking form online (or on paper if you have no internet access); and
3.1.2. when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your application. If we are unable to accept your application, we will inform you of this in writing by email and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, such as changes to class availability or low attendance of classes or the times you have requested are no longer available; because we have identified an error in the price or description of the services or because we are unable to meet a deadline or requirement you have specified.
- Your rights to make changes
4.1. If you wish to make a change to the services you have applied for please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).
- Our rights to make changes
5.1. Minor changes to the services or services we provide. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements for example a reduction in the number of participants allowed to attend a course; and
(b) to implement minor technical adjustments and improvements.
5.2. More significant changes to the services and these terms. In addition, as we informed you in the description of the services we offer on our website, we may make the following changes to the services booked, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received:
(a) Cancellation or rescheduling of multiple class dates;
(b) Reduced frequency or number of classes; or
(c) Substantial changes to course content.
- Providing the services
When we will provide the services. During the application process we will let you know the time and dates on which we will provide the services to you. If the services are on going services or subscriptions, we will also tell you during the application process when and how you can end the contract,
(a) If the services are goods. If the services are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we completed the provision of the services.
(b) If the services are one-off services. We will begin the services on the date set out in the booking form OR on the date agreed with you during the application process. The estimated completion date for the services is as told to you during the application process.
(c) If the services are a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your application.
(d) If the services are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
6.2. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3. Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see clause 5).
6.4. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 7 days or 1 booked session in any course of sessions, we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days or more than 1 booked session in any course of sessions and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
6.5. We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 11.5). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.4).
- Your rights to end the contract
7.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get service re-performed or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the services, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);
(b) we have told you about an error in the price or description of the services you have applied for and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund.
7.4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) digital services after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running; and
(c) services sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
7.5 How long do I have to change my mind? How long you have depends on what you have applied for and how it is delivered.
(a) Have you bought services (for example, you have booked an after-school club or school holiday sessions). If so, you have 14 days after the day we email you to confirm we accept your application. However, once we have started providing the services or completed providing the services you cannot change your mind, even if the period is still running because you have taken a space that can no longer be allocated to another child.
(b) Have you bought digital content for download or streaming (for example, streaming videos or online images of your child’s work produced during the after school/holiday club)? If so, you have 14 days after the day we email you to confirm we accept your application, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when making your application, you will not have a right to change your mind.
(c) Have you bought goods (for example, discs containing work produced by your child during a workshop?) if so you have 14 days after the day you (or someone you nominate) receive the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period (for example if you applied to purchase goods relating to each club session your child attends). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
7.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the services are delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- How to end the contract with us (including if you have changed your mind)
8.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) By phone: Call customer services on 07877 945460.
(b) By email at: email@example.com. Please provide your name, home address, details of the booking and, where available, your phone number.
8.2. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the contract
9.1. We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, including, but not limited to, the following: any medical information that may be relevant to club participation, including any allergies (please see clause 12 re allergies);
(c) any behavioural issues;
(d) emergency contact details;
(e) doctor’s name and surgery’s address and telephone number;
(f) dropping off and collection arrangements;
(g) such other information as may reasonably be necessary form time to time for the provison of the services; and
(h) such information must be true and accurate to the best of your knowledge.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3. We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 7 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
- If there is a problem with the services
10.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 07877 945460 or write to us on firstname.lastname@example.org.
- Price and Payment
11.1. Where to find the price for the services. The price of the services will be the price indicated on the booking form when you make your application. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the services you applied for.
11.2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your application so that, where the services' correct price at your application date is less than our stated price at your application date, we will charge the lower amount. If the services' correct price at your application date is higher than the price stated to you, we will contact you for your instructions before we accept your application. If we accept and process your application where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
11.3. When you must pay and how you must pay. We accept payment by PayPal, cash or bank transfer. When you must pay depends on what services you are buying:
(a) For digital content, you must pay before you download them.
(b) For services, you must make an advance payment of the full price of the services, before we start providing them.
11.4. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount,
11.5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you
12.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services and for defective services under the Consumer Protection Act 1987.
12.3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.4. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.5. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.6 Children who attend our classes bring food and/or drink with them. Therefore it is most likely that some of the food will contain allergens (such as nuts). We therefore cannot be liable for any harm resulting from your child experiencing an allergic reaction as a result of your child being exposed to any such allergens.
- How we may use your personal information
13.1. How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you;
(b) to process your payment for the services; and
(c) if you agreed to this during the booking process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
13.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
- Other important terms
14.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
14.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the contract has been performed.
14.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
14.5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
Schedule: Privacy and Publicity Policy
- Due to the nature of the services and products we offer you, we may occasionally use images or video footage materials which may contain your child. The materials may be used as part of our promotional and marketing activities and may be placed:
1.1. on our website, our social media pages and any other internet website that we use for the promotion of our business; or
1.2. in our promotional and marketing materials to be used for our business purposes, for example in our sales brochures and leaflets.
- By entering into this contract you grant us permission and a non-exclusive revocable licence without royalty to use the materials throughout the world and in all and any media, including in our printed publications, presentations, promotional materials, and advertising.
Please contact us should you wish to revoke this permission at any time during the performance of this contract.
- By entering into this contract you give us permission to securely store the materials and your contact details on our database in case we need to contact you in the future.
- I confirm that I have read and understood the above Privacy and Publicity Policy and consent to Silverbox Films Ltd using images or video footage material featuring my child, of whom I confirm I am the parent or guardian.