020 7436 1066
78 Newman Street, LONDON, W1T 3EP
  Film Processing 
Digital Printing 
Hand Printing 
Scanning 
Mounting & Framing 

Terms & Conditions

Business Terms and Conditions

Dated: 18 January 2012

 

1

  

Definitions

  
1.1    Bayeux” means Bayeux Limited of 78 Newman Street, W1T 3EP;
1.2    Client” means any company or individual requesting goods and/or services from Bayeux;
1.3    In Writing” means by letter, email or SMS message;
1.4    The Terms” means the terms and conditions described in this document;
1.5    Materials” means digital or physical materials supplied by the Client to Bayeux or created by Bayeux or held on behalf of or at the request of the Client including but not limited to films, negatives and transparencies, duratrans, contact sheets, datacards, digital data and photographic prints;
1.6    Order” means the communication, verbal or in writing, during which the Client asks for and Bayeux agrees to provide services to the Client;
1.7    Sensitive Material” means Material which the Client considers to be of a secret, private and confidential nature;
1.8    Website” means www.bayeux.co.uk.
  

2

  

The Terms

  
2.1    These terms govern the relationship between the Client and Bayeux and prevail over any written terms of business of the Client.
2.2    These terms constitute the entire Agreement between the Client and Bayeux.
2.3    By placing an order with Bayeux the Client agrees to be bound by the Terms.
2.4    If any of the terms shall be found by a court to be unenforceable that will not affect the remaining terms.
2.5    Should any variation of the Terms be requested by the Client, this variation shall only be valid if placed in writing and signed by a Director of Bayeux.
2.6    Bayeux reserves the right to alter The Terms at any time. It is the Client’s responsibility to be aware of The Terms at all times.
  

3

  

Opening Times

  
3.1    Bayeux’s premises shall be open from Monday to Friday, 9.00 am to 6.00 pm. It reserves the right to change its opening times without notice.
  

4

  

Placing the Order

  
4.1    The Client may place the Order in writing or, subject clause 4.2 below, verbally. 
4.2    Verbal Orders will be accepted only on the basis that the risk of misunderstandings arising as to the nature of the instructions and the terms of the Order lie with the Client. The Order will be binding on the Client. Bayeux will not be responsible for errors made in relation to verbal Orders
4.3    Bayeux has the right to assume that the person placing Orders on behalf of the Client is authorised to do so.
4.4    Orders placed by a Client acting on behalf of a third party (whether Bayeux is aware of it or not) are accepted on the basis that the contract is between Bayeux and the Client and that the Client is bound by the Terms and is responsible for all matters relating to the Order and the payment of invoice.
4.5    The selection of paper finish for printing, the cutting of processed film or the choice of storage device for scanned images shall be solely within Bayeux’s discretion unless the Client specifies otherwise when placing the order.
4.6    In the production of prints, Bayeux will use reasonable endeavours to match colour guides supplied by the Client. The Client accepts that a perfect match cannot be guaranteed due to limitations and variations of materials and equipment. In the absence of any Client specification at time of Order, Bayeux will use its sole discretion with regard to density, colour and contrast.
4.7    The taking of clip tests and the making of film balance judgments with regard to density shall be in the sole discretion of Bayeux unless otherwise specified by the Client and shall be undertaken at the Client’s risk.
4.8    All prints will be made using the whole area of the image with such borders as Bayeux shall decide at its sole discretion unless otherwise specified by the Client.
4.9    Bayeux reserves the right to decline to provide services at any time without specifying a reason. 
  

5

  

Delivery

  
5.1    Unless collected from Bayeux’s premises by the Client or otherwise requested in writing by the Client, Bayeux will despatch Orders via mail or courier to the Client’s business address or as otherwise directed. Courier and postage costs will be added to the invoice and paid by the Client. A quote under this clause will not be given in advance unless requested by the Client.
5.2    All Orders sent by courier or mail, whether registered or not, are sent at the Client’s risk. Bayeux’s responsibility for the safekeeping of Materials ceases at the moment the Material leaves Bayeux’s premises whether the courier is an employee of Bayeux or not. 
  

6

  

Charges and Payment

  
6.1    Prices quoted by Bayeux whether verbal or in writing exclude VAT. VAT will be added to all invoices at the rate applicable to the transaction.
6.2    Published prices, in print or online, are subject to alteration without notice.
6.3    An invoice will be issued on collection of the completed Order or sent by email as an attachment. Payment can be made by debit or credit card or electronic bank to bank transfer. Bayeux reserves the right to ask for payment in advance.
6.4    The quotation given to a Client is valid for 30 days provided the scope of the work is not changed.
6.5    Bayeux reserves the right to charge interest of 3% per month on the outstanding balance of overdue accounts.
  

7

  

Security

  
7.1    Digital data uploaded onto Bayeux’s FTP server is solely at the Client’s risk. The server is not a storage facility. Once data has been used to complete the service to the Client it may be deleted from the server by Bayeux. Bayeux is not responsible for the security of the server, nor for the confidentiality of passwords or access codes relating to any internet services it provides to the Client. 
7.2    Although Bayeux will make reasonable efforts to ensure the security of their FTP server, they cannot be held liable for any breaches that may occur.
7.3    The Client shall be responsible for the confidentiality of any passwords or access codes relating to any Internet services, including FTP. Bayeux will not accept liability for any lost or stolen passwords or for unauthorised access to Client data held on or transferred via any Internet service.
  

8

  

Storage of Materials and Limit of Liability

  
8.1    Bayeux will take reasonable care of materials supplied by the Client for the purpose of undertaking the Order. It will not be liable for any loss, damage or theft of Materials due to causes beyond Bayeux’s reasonable control.
8.2    Bayeux reserves the right to dispose of or destroy Physical Materials which have not been collected from Bayeux within three months of the date of the invoice for the Order to which the Material relates. Bayeux also reserves the right to charge for storage of such Materials thereafter and the right to use off-site storage facilities. A charge may be made for retrieval of Material stored off-site solely at Bayeux’s discretion and ten days notice of collection will be required. Such Materials shall be held by Bayeux entirely at the Client’s risk unless otherwise agreed in writing.
8.3    Digital Materials supplied by the Client or created by Bayeux to fulfil an Order held on its database or at the server referred to in para 7.1 above may be deleted without notice, within one month of the completion of the order, unless otherwise agreed in writing.
8.4    The Client shall retain adequate back-up copies of all Digital Materials delivered to Bayeux
8.5    In the event that Bayeux is found to be or agrees that it is liable for loss or damage to Materials, however caused, its liability shall be limited to the cost of replacing such Materials. Bayeux will not be liable for the costs of reshooting, repairing or re-creating the content of the Material nor for any direct or indirect consequential loss which the Client may suffer.
8.6    Bayeux shall not be liable under any circumstances for delay or damage caused by failure of internet based services or internal computer systems on account of software or hardware breakdown, computer viruses, internet connection problems, software incompatibility or failure of backup systems. All such liability is expressly excluded.
8.7    Nothing in these terms excludes or limits Bayeux’s liability for fraud, or for death or personal injury caused by its negligence or any other liability to the extent that the same may not be excluded or limited by law.
8.8    Nothing in this agreement shall affect any consumer’s statutory rights.
  

9

  

Intellectual Property Rights

  
9.1    The Client warrants that it has authority to place the Order and that by performing it Bayeux will not contravene any law or regulatory code or infringe any contractual, intellectual property, moral or other rights belonging to a third party. The materials must not contain any content that is obscene, blasphemous, racist, defamatory or otherwise in contravention of the law.
9.2    The Client agrees to indemnify Bayeux or its Directors, employees or self-employed staff against any such third party claims arising out of or in any way connected to the subject-matter of this agreement including damages, legal and other costs (on a full indemnity basis) and expenses reasonably incurred in dealing with or taking advice on such claims or legal proceedings. It will have sole discretion to deal with and dispose of such claims as it sees fit. 
9.3    Bayeux will be entitled to settle any claims brought against it by a third party in respect of any such infringement or contravention entirely as Bayeux sees fit. If the Client provides Bayeux with an adequately secured undertaking and indemnity Bayeux may, at its sole discretion, permit the client to conduct the litigation on such terms as Bayeux sees fit.
  

10

  

Insurance

  
10.1    All Materials provided to Bayeux by the Client for whatever purpose shall be held by Bayeux at the Client’s risk at all times. The Client shall be responsible for insuring such Materials as it sees fit at its own expense.
  

11

  

Privacy and Confidentiality

  
11.1    Bayeux will use reasonable endeavours to ensure that the content of images or related information is kept private. If the Client places an Order which results or may result in the delivery to Bayeux of Sensitive Material it is a fundamental condition of this agreement that the Client notifies Bayeux in writing of the nature of the Sensitive Material at the time when the Order is placed and in any event before the Sensitive Material is delivered.   Bayeux ‘s liability to the Client in the event that Sensitive Material is leaked to the press is expressly excluded.
  

12

  

Governing Law and Jurisdiction

  
12.1    The terms are governed by and shall be construed in accordance with the laws of England and Wales, which shall have exclusive jurisdiction to determine disputes arising out of the terms. It is expressly agreed that the parties irrevocably submits to the exclusive jurisdiction of the courts of England.
Website Terms and Conditions

 

Any use by any individual of this web site is subject to the Terms listed. By using the web site, you agree to such terms. If you do not wish to accept the Terms, then please do not use the website. You must use the site through a jurisdiction that does not render the Terms and Conditions, in whole or in part, invalid.

The Web site is for non-commercial, personal use only.

 

Copyright

The copyright in all content on this web site belongs to Bayeux Ltd, or to third parties from whom it has been licensed by Bayeux Ltd. Certain information on the site can be downloaded in pdf format for personal use only. Icons will appear on the site where such download is allowed. This material may not be used for commercial purposes. All images contained on the site are protected by copyright and may not be copied or used in any manner without the written permission of the copyright owner.

 

Intellectual Property Rights

All Intellectual Property Rights in any content, processes or data contained on this web site belong to Bayeux Ltd or its licensors. All rights of Bayeux Ltd in such Intellectual Property Rights are hereby reserved. Unless expressly permitted by these Terms and Conditions, you may not copy, download or disseminate material or information from this web site.

 

Trademarks

The images, logos and names on this web site that identify Bayeux Ltd or third parties and their services are proprietary marks of Bayeux Ltd and/or the relevant third parties. Nothing contained in this web site shall be deemed to confer on any person any licence or right on the part of Bayeux Ltd or any third party with respect to any such image, logo or name.

 

Exclusion of liability

Bayeux Ltd has taken great care to ensure that the information supplied on this website is as accurate as possible. However, we cannot guarantee that all information will be free from error. Consequently, Bayeux Ltd shall not be liable for any losses arising from the use of this website, including, either directly or indirectly and without limitation, loss of data, loss of profit or loss of goodwill.

Bayeux Ltd cannot guarantee that any services provided by this web site will be error free or without interruption. Although all reasonable attempts will be made to ensure that the server that makes the site available is bug and virus free, this cannot be guaranteed by Bayeux Ltd.

If any of the Terms should be found to be illegal, invalid or unenforceable within English law, then that Term shall be deleted, leaving the remainder of the Terms in full force and effect.

Nothing contained in these Terms and Conditions shall exclude any liability that we are not entitled to exclude by law for death or personal injury resulting from our negligence.

 

Privacy

You may be asked for personal data if requesting certain services from Bayeux Ltd. Please see our Privacy Policy for further information on how this information will be protected.

It is possible that cookies will be used to let us monitor how you are using the site, as these will help us make improvements for the future. This will not be linked to any information that will allow you to be personally identified. Your IP address may also be used to examine usage trends, but, again, this will not allow for any identification.

 

 

Hyperlinks

The web site includes hyperlinks that will take you to other sites that Bayeux Ltd feels may be of interest to you. Selecting any of these links will direct you to a site that is not related in any way to Bayeux Ltd. No responsibility can be taken by Bayeux Ltd for the content contained on any such site and the link does not infer a direct endorsement or recommendation of the site and/or its products/services.

 

Changes to Terms and Conditions

Bayeux Ltd reserves the right to change any of these Terms without prior notice. Changes will be posted on the web site and it is your responsibility to check regularly to make sure you are aware of any updated information. Your use of the web site after any changes have been made by Bayeux Ltd will be seen as acceptance of these changes.

 

Headings

The headings used within these Terms and Conditions are for convenience only and do not define or limit any Terms contained herein.

 

Law Governing

The Terms and Conditions for the use of this web site shall be construed and enforced in accordance with English law.