1.1 All services provided by Hiresscan (Glory Production LTD) are governed by these Terms of Business. Any other terms and conditions, including those of the Client, are not applicable.
1.2 Any legitimate amendment or modification to these Terms of Business must be documented in writing and bear the signature of a director of Glory Production Ltd
2.1 Clients have the option to place service orders with Hiresscan through online channels, by phone, or via email.
2.2 All service orders, whether confirmed by Hiresscan or not, are considered binding on the Client.
2.3 Hiresscan is not liable for any errors made by the client during the ordering process.
2.4 Hiresscan is entitled to assume that any person placing and/or signing an order on behalf of the Client has the necessary authorization to do so.
2.5 Hiresscan reserves the right to refuse any order at its absolute discretion.
2.6 Once Hiresscan accepts an order, it undertakes to deliver the services in accordance with these Terms of Business.
2.7 Hiresscan retains the right to utilize the most optimal method available to fulfill the order.
2.8 In the event of machine malfunction, Hiresscan will return the client's film and is not held responsible for any resulting delays
3.1 The prices for all services shall either be quoted by Hiresscan or calculated based on Hiresscan's current price lists, as applicable. Delivery and VAT are excluded from all prices unless explicitly indicated.
3.2 Prices listed on Hiresscan's price lists are subject to change without prior notice. Such changes may be necessary due to variations in Hiresscan's costs, including but not limited to third-party supplier costs and/or labor costs.
4.1 Any amounts due to Hiresscan must be paid in pounds sterling, in full, without any deductions, withholding, or set-off. VAT is not included in the quoted prices and delivery charges unless explicitly stated otherwise.
4.2 For international transactions, the Client is responsible for all customs, duties, and associated costs and expenses incurred.
5.1 The Client assures that no copyright or other intellectual property rights, including moral rights, of any third party, whether currently in existence or created in the future, will be violated due to:
5.1.2. Any services performed by Hiresscan at the Client's request.
5.1.3. The loading, storage, and management of the Client’s images and other data by Hiresscan.
5.2 When the Client provides film, negatives, or other materials to Hiresscan and requests additional services related to them, the Client guarantees ownership or control of all copyright and other intellectual property rights in such materials. The Client affirms having obtained all necessary permissions, consents, and waivers for the copying, manipulation, and other work to be carried out by Hiresscan. The Client grants Hiresscan an irrevocable license to perform all necessary copying, manipulation, and other work related to the services requested.
5.3 The Client agrees to indemnify Hiresscan against all losses, damages, claims, or expenses (including legal costs on an indemnity basis) arising from any breach of the warranties in clauses 5.1 or 5.4, or in case of any claim (whether or not proceedings are initiated) by any party against Hiresscan, its employees, agents, or contractors, alleging infringement of any third-party copyright or other intellectual property right (including moral rights) by actions performed on behalf of or at the request of the Client.
5.5 The Client assures that no materials deposited with Hiresscan will contain any defamatory, blasphemous, obscene, or otherwise unlawful content, violating applicable laws, regulations, or codes of practice.
6.1 All film, negatives, digital data, and other materials, including those created by or on behalf of Hiresscan at the Client's request, held by Hiresscan (whether online or otherwise) and any materials belonging to the Client or provided by the Client for storage, shall remain at the Client's risk. The Client is responsible for insuring these materials at its own expense. Hiresscan is not accountable for the future integrity of digital data, nor for any failure to retrieve data from its storage archive.
6.2 Hiresscan reserves the right to dispose of digital data files after printing, unless otherwise agreed upon in writing with the Client. Consequently, the Client is solely responsible for maintaining adequate backup copies of all digital data.
6.3 If items deposited with Hiresscan by the Client or produced by Hiresscan for the Client are not collected within 1 month of the completion of Hiresscan’s work, Hiresscan may dispose of or destroy such items.
6.4 Unprocessed film belonging to the Client not collected within 3 months of the commencement of work by Hiresscan may be disposed of or destroyed.
6.5 Negatives held at Hiresscan pending a print order will be returned upon production of the prints. If no print order is produced, negatives will be retained for up to 6 months. Any negatives not collected after 6 months will be disposed of by Hiresscan.
7.1 The Client is required to sign for delivered work; otherwise, Hiresscan will not be held accountable for any losses resulting from the delivery.
7.2 While Hiresscan will exert every effort to promptly collect the Client’s materials and deliver work, it will not be liable for losses arising from delays in delivery or collection.
7.3 In cases where work is delivered digitally, either by email or by making it available online, Hiresscan will not be held responsible for any loss, corruption, or delay of the work caused by such digital delivery.
8.1 The Client has the option to either collect goods directly from Hiresscan or have them delivered, with an additional delivery charge.
8.2 If Hiresscan has agreed to deliver goods, they will be delivered to the address specified by the Client. In cases where Hiresscan's representatives face challenges in accessing the delivery address or if delivery is delayed due to the Client's actions or omissions, the Client is responsible for any additional delivery costs incurred by Hiresscan for rearranging delivery. The Client shall also pay hire charges as if the delivery had not been delayed.
8.3 Upon receiving or collecting any goods, the Client must promptly inspect and confirm their condition. Failure to notify Hiresscan promptly of any defects or issues with the equipment, or if the Client begins using the goods, will be deemed as confirmation that the goods were in satisfactory condition upon delivery or collection.
8.4 The Client is solely responsible for obtaining independent insurance coverage for potential loss or damages during delivery.
8.5 Quoted service times are targets only. Hiresscan reserves the right to adjust service times and disclaims liability for failure to meet quoted service times, resulting in any direct or indirect losses.
9.1 Hiresscan upholds all equipment to optimal scanning specifications and grey balance, ensuring color, density, tone, and contrast of images are maintained. It's important to acknowledge that some colors may not precisely reproduce. Hiresscan cannot be held accountable for discrepancies or variations between images viewed on screen and prints produced from digital files.
10.1 Hiresscan's liability concerning lost or damaged negatives or film is restricted to the replacement cost of the film. Hiresscan is not liable for the expenses associated with retaking or re-shooting the material on such film. It is the Client's responsibility to obtain insurance against such loss or damage.
10.2 In accordance with the provisions of this clause 11.1, Hiresscan's maximum aggregate liability for or in connection with any order shall not exceed the total sums payable by the Client to Hiresscan in relation to the relevant order.
10.3 Except as provided in clause 10.1, Hiresscan is not liable for any loss of income or profits, loss of contracts, or any indirect or consequential loss or damage of any kind, regardless of how it arises.
10.4 Nothing in these Terms of Business shall exclude or limit Hiresscan's liability for fraud, death, or personal injury caused by negligence, or any other liability to the extent that it may not be excluded or limited by law.
10.5 This Agreement will not affect any consumer's statutory rights.
11.1 Hiresscan shall not be held liable for any delay in the performance or failure to perform its obligations under this agreement to the extent that such delay or failure results from any cause or circumstance beyond its reasonable control. This includes, but is not limited to, Hiresscan's inability to secure labor, materials, supplies, or transport, scarcity of fuel, power, or components, breakdown of machinery, fire, storm, flood, acts of God, internet failure, war, civil disturbance, strikes, lockouts, or industrial action (each referred to as an "event of force majeure"). In the event of force majeure, the date(s) for performance of Hiresscan’s affected obligation(s) shall be postponed for as long as necessary due to the event of force majeure. If any event of force majeure persists for a period exceeding 60 days, the Client may cancel the affected order (or the affected part(s) of it) by providing written notice to Hiresscan.
12.1 Hiresscan reserves the right to modify its opening or operating times.
12.2 Time is not considered crucial regarding the performance of any of Hiresscan's obligations under this agreement.
12.3 The Client may not assign, sublicense, or subcontract any of its rights or obligations under these Terms of Business without the prior written consent of Hiresscan.
12.4 No individual shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.
12.5 These Terms of Business constitute the entire agreement and understanding between the parties regarding their subject matter, superseding any prior agreement, understanding, or arrangement between the parties, whether oral or written. No representation, undertaking, or promise shall be considered to have been given or implied from anything said or written in communications between the parties, except as outlined in these Terms of Business. Neither party shall have any remedy in respect of any untrue statement made to it, upon which it has relied (unless such untrue statement was made fraudulently), and that party’s only remedies shall be for a breach of contract as provided in these Terms of Business.