Terms and Conditions

Terms and Conditions of Supply

  1. Introduction

1.1. These terms and conditions (‘The Terms’) govern every contract made between Genesis Imaging Limited (“Genesis”) and any client for the supply of goods and services made by Genesis.

1.2. The terms prevail over any written terms and conditions of the client.

1.3. Any variation to The Terms must be agreed in writing by a Director of Genesis.

  1. Price and Payment

2.1. All prices as set out in Genesis’s price list are exclusive of VAT.

2.2. The client will settle the account in full within 30 days of the date of the invoice.

  1. Collections and Deliveries

3.1. Genesis’s collection and delivery courier service is available to clients between 9.00am and 6.00pm Monday to Friday.

3.2. The client must sign for goods delivered by the courier or Genesis will not be responsible for any losses arising from the delivery.

  1. Uncollected Goods Film and Digital Data Storage

4.1. Genesis may dispose of any materials, unprocessed film or any other items that have not been collected by the client after more than three months from the date of receipt of the work by Genesis.

4.2. Whilst every reasonable care will be taken to safeguard negatives, transparencies, prints, artworks or other items stored by Genesis on the client’s instruction and behalf, this facility is offered on the understanding that Genesis is not responsible for the loss (including theft), destruction of or damage to any of the items belonging to the client or any other party for whatever reason.

4.3. Genesis will store digital data arising from scanning, printing and image retouching or other works for a maximum period of up to 6 months. This facility is offered on the basis that Genesis are not responsible for the future integrity of that data, or any failure to retrieve data from Genesis’s storage archive.

  1. Limit of Liability

5.1. The client must notify Genesis in writing of any claim within two weeks of the completion of the order concerning any supply of goods or services provided by Genesis. Genesis will not be liable for any claim notified after such time.

5.2. Whilst every reasonable care will be taken in handling the client’s materials, including original films, prints, artworks, unexposed films or other materials accepted for scanning, printing, mounting, framing and processing, our liability for any loss or damage however caused or damage in production, in transit or delay in transit wherever the destination, or during storage is limited to the basic material replacement cost of the transparencies, negatives or other materials, this value is taken to be no more than £100 per order; and

5.3. Genesis will not be liable for the original cost nor costs of re-shooting the material contained in the original films, prints, artworks, unexposed films or other materials; and

5.4. Genesis will not be liable for any consequential loss or damage incurred by the customer or any other party including loss of profit or income; and

5.5. The client shall be responsible to insure against such costs of re-shooting, replacement, loss or damage.

  1. Insurance

6.1. Genesis advises the client to secure insurance against all eventualities as set out in Clause 5 above.

  1. Force Majeure

7.1. Genesis shall not be liable for any failure to perform any contract due to any circumstances beyond its control including, but not limited to, inability to secure labour, materials, supplies, transport, scarcity of fuel, power or components, machine breakdown, fire, storm, flood, act of God, war, civil disturbance, strikes, lock-outs or industrial action in whatever forms.

  1. Copyright and Legality

8.1. The client undertakes that materials submitted for processing, printing or other services provided by Genesis should not infringe any copyright. The client is responsible if any legal actions are brought about by any third party against Genesis through breach of copyright. In such cases the client agrees to indemnify Genesis against all losses, damages, claims or any expenses which Genesis may reasonably incur by virtue of the above undertaking.

Terms and Conditions of Website Use

1.Introduction

Welcome to genesisimaging.co.uk.

This page tells you the terms on which you may use our website genesisimaging.co.uk, whether as registered user or guest. Please read carefully before use.

By using the site, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the site.

2.Who We Are

genesisimaging.co.uk is operated by Genesis Imaging Limited, a UK Limited company registered in England under company number 03474733.

Some important details about us:

Our registered office is at: Unit 1, Hurlingham Business Park, Sulivan Road, London SW6 3DU.

Our trading office is at: Unit 1, Hurlingham Business Park, Sulivan Road, London SW6 3DU.

Our VAT number is: GB 802 8232 57

3.Use of the Site

You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

Only use the site as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.

We frequently update the site and make changes to it, but we don’t have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.

We follow our privacy policy in handling information about you. You can read our policy at https://genesisimaging.co.uk/privacy-policy.

By using the site, you agree to us handling this information and confirm that data you provide is accurate.

If you order goods or services from us through the site, your order will take place under our Terms and Conditions of Supply, which you can read at https://genesisimaging.co.uk/terms-and-conditions.

4.Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.

If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.

5.Our Legal Responsibility to You

We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:

Any loss to you arising from use of our site

Loss of income, profit, business, data, contracts, goodwill or savings.

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

6.Computer Offences

If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You mustn’t try to get access to our site or server or any connected database or make any ‘attack’ on the site. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.

7.Links to Our Site

You are allowed to make a legal link to our website’s homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time.

You mustn’t suggest any endorsement by us or association with us unless we agree in writing.

8.Links From Our Site

Links from our site to other sites are only for information. We don’t accept responsibility for other sites or any loss you suffer from using them.

9.Variation

We change these terms from time to time and you must check them for changes because they are binding on you.

10.Applicable Law

10.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.

10.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

10.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

10.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

10.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.

10.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.

10.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

10.8 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.

10.9 The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.

11.Contact Us

Please email us at lee@genesisimaging.co.uk to contact us about any issues.