Reporting & Hosting T & Cs

1. About our terms

1.1.

1. These terms and conditions of use (Terms) explain how you may use any of our services when you purchase a package for video animation and hosting (Package) as detailed on our website (Site). These Terms apply between Animation Explainers Limited (we, us or our) and you, the person accessing or using the Package (you or your).

1.2.

You should read these Terms carefully before using a Package. By purchasing a Package or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Package immediately.

2. About us

2.1.

1. We are Animation Explainers Limited, a company registered in the Isle of Man under company registration number 133156C. Our registered office is at Carran Dene, Alexander Drive, Douglas, Isle of Man.

2.2.

1. If you have any questions about the Package, please contact us by:

2.2.1.

1. sending an email to info at animationexplainers.com

3. Our Packages

3.1.

1. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Package.

3.2.

1. You will have a choice between 3 packages – as outline in the Annex.

3.3.

1. Our Packages are for a minimum 6 months and you will need to sign up for at least 6 months regardless of Package choice.

3.4.

1. At the end of the 6 month period you will be able to review any changes to the videos with your allocated Project Manager.

3.5.

1. For the avoidance of doubt regardless of the Package you choose you will be unable to amend the URL or HTML code we provide.

3.6.

1. We make no promise that any Package is appropriate or available for use in locations outside of the UK. If you choose to access the Package from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

3.7.

1. As a condition of your use of any of our Packages, you agree to not:

3.7.1

1. 1. . misuse any part of the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

3.7.2.

1. 1. attempt to gain unauthorised access to our Site, the server on which our Package is stored or any server, computer or database connected to our Site.

3.8. We may prevent or suspend your access to the Package if you do not comply with these Terms or any applicable law.

4. Right to cancel

4.1.

1. You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are substantially performed during this period. This is further explained in clauses 5.6 and 5.7 below.

4.2.

1. The cancellation period will expire after 14 days from the day of the conclusion of the contract.

4.3.

1. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this page.

4.4.

1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

4.5.

1. This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (ie the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

4.6.

This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this page. See also clause 10 below.

5. Effects of cancellation

5.1.

1. If you cancel this contract within 14 days from start, we will reimburse to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:

5.1.1.

1. 1. for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or

5.1.2.

1. 1. the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (ie the work was completed) during the cancellation period.

5.2. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
5.3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.4. If you cancel your contract after the first 14 days you will still be liable for the full contract subscription for the 6 months.

6. Carrying out of the services

6.1.

1. We will carry out the services by the time or within the period agreed during the online checkout process and as set out in the confirmation email.

6.2.

Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the services as soon as those events have been fixed.

7. Payment

7.1.

1. All payments for monthly Packages shall be made via Paypal and all payments for yearly Packages can be made either via Paypal or wire transfer. For the avoidance of doubt, you shall be liable to pay for any wire transfer charges and your payment obligation shall only be satisfied when we have received the full amount of the Package as you have chosen.

7.2.

1. We will do all that we reasonably can to ensure that all of the information you give us when paying for the services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

7.3.

1. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

7.4.

All prices in the Annex will be charged in the currency from where your company is registered, If your company is based in the UK, VAT is applicable.

8. Nature of the services

8.1.

1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:

8.1.1.

1. 1. where the price has not been agreed upfront, the cost of the services must be reasonable; and

8.1.2.

1. 1. where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.

8.2. We are under a legal duty to supply you with services that are in conformity with this contract.
8.3. For the avoidance of doubt we do not include any sort of marketing within our Packages.

9. Faulty services

9.1.

1. Your legal rights under the Consumer Rights Act 2015 apply fully under these Terms. For more detailed information on your rights and what you should expect from us, please:

9.1.1.

1. 1. contact us using the contact details at the top of this page; or

9.1.2.

1. 1. visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

9.2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
9.3. If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.

10. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11. Infringing content

11.1.

1. We will use reasonable efforts to:

11.1.1.

1. 1. remove video if you are in breach of these Terms; and

11.1.2.

1. 1. identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights

1. 1. when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

11.2. If you believe that any content which is distributed or published via the Package is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

12. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at [insert link], which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

13. Ownership, use and intellectual property rights

13.1.

1. The intellectual property rights in the Package and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Package (Content) are owned by us and our licensors.

13.2.

1. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

13.3.

Nothing in these Terms grants you any legal rights in the Package or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Package or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Package or the Content.

14. Limitation on our liability

14.1.

1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

14.1.1.

1. 1. losses that were not foreseeable to you and us when these Terms were formed;

14.1.2.

1. 1. losses that were not caused by any breach on our part;

14.1.3.

1. 1. business losses; and

14.1.4.

1. losses to non-consumers.

15. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.

16. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

17. Variation

17.1.

1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 18.

17.2.

We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Package and by continuing to use and access the Package following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

18. Disputes

18.1.

1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

18.2.

1. If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

18.3.

Relevant United Kingdom law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms.