TERMS OF ENGAGEMENT
Effective Date: 08-01-2024
1. OVERVIEW
This Agreement, effective upon your use of https://www.sdg-productions.com ("Site") or electronic acceptance, outlines the terms between SDG Productions LTD ("Company") and you. It details the general terms for using the Site and the purchased or accessed services ("Services"). Your use of the Site and Services signifies your agreement to be bound by this Agreement and our Privacy policy. "We," "us," or "our" refer to the Company, while "you," "your," "User," or "customer" refer to those using the Site or Services. No third-party rights or benefits are conferred by this Agreement.
The Company, at its discretion, may change, modify, or replace any part of this Agreement, effective immediately upon posting to the Site. Your continued use, acceptance of a quote, or purchase of Services after modifications constitutes acceptance of the last revised Agreement.
If you disagree with the last revised Agreement, do not use (or continue to use) this Site or the provided Services.
IF YOU DISAGREE WITH THIS AGREEMENT, KINDLY REFRAIN FROM USING THIS SITE AND OUR SERVICES.
2. ELIGIBILITY
SDG's digital services are accessible to those capable of forming binding contracts under the law. By engaging with our Site or Services, you confirm you are at least eighteen (18) years old and legally authorized to form such contracts in your jurisdiction.
If representing a corporate entity, you assert the legal authority to bind it. Any failure renders you personally responsible for obligations under this Agreement.
3. RULES OF DIGITAL CONDUCT
By using our services, you agree:
- Your conduct aligns with laws and regulations.
- You won't indulge in illegal, harmful, or disruptive activities.
- Respect for intellectual property and user privacy is non-negotiable.
- The company’s integrity and functionality won't be compromised.
- No distribution, modification, or unauthorized access beyond what is agreed.
4. INTELLECTUAL PROPERTY
This Section specifically pertains to your utilization of the company’s Content on the Site. Companies Content, encompassing text, software, scripts, source code, API, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, and logos ("Companies Content"), is either owned by or licensed to SDG Productions LTD indefinitely, and is safeguarded by copyright, trademark, and/or patent protection.
The Companies Content is furnished to you "as is," "as available," and "with all faults" solely for your personal, non-commercial use. It may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or exploited for any purpose without the express prior written consent of the Company. This Agreement does not grant any right or license under copyright, trademark, patent, or other proprietary rights.
5. LINKS TO DISTINCT DIGITAL DESTINATIONS
SDG's Site may lead you to other virtual content. We aren't responsible for external content, and your venture beyond our borders is at your own risk.
6. DISCLAIMER OF DISTINGUISHED WARRANTIES
USE OF THIS SITE IS AT YOUR OWN RISK, AND IT IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." SDG PRODUCTIONS LTD AND ITS TEAM DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, LINKED SITES, OR SERVICES OFFERED HERE, AND ASSUME NO LIABILITY FOR THE SAME.
YOU ALSO ACKNOWLEDGE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SDG PRODUCTIONS LTD, ITS TEAM, OR THIRD-PARTY SERVICE PROVIDERS SHALL CONSTITUTE LEGAL OR FINANCIAL ADVICE OR CREATE A WARRANTY OF ANY KIND. USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE.
THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES OFFERED HERE.
7. LIMITATION OF DIGITAL LIABILITY
IN NO EVENT SHALL SDG PRODUCTIONS LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RESULTING FROM THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, LINKED SITES, OR SERVICES, PERSONAL INJURY, PROPERTY DAMAGE, THIRD-PARTY CONDUCT, INTERRUPTION OF SERVICES, VIRUSES, USER CONTENT, OR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION RELATED TO THIS SITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR, OR IT SHALL BE PERMANENTLY BARRED.
THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES OFFERED HERE.
8. DIGITAL INDEMNITY
You agree to indemnify, defend, and hold SDG Productions Ltd and its officers, directors, employees, and agents harmless from any claims, demands, costs, expenses, losses, liabilities, and damages, including reasonable attorneys' fees, resulting from (i) your use of and access to www.sdg-productions.com; (ii) your violation of any provision of this Agreement or incorporated policies; and/or (iii) your violation of any third-party rights, including intellectual property rights. These indemnification obligations endure beyond the termination or expiration of this Agreement or your use of the Site or its Services.
9. DATA TRANSFER
Engaging with SDG from another jurisdiction involves information transfer across borders. Electronic communication implies your consent to such transfers.
10. SITE AVAILABILITY
We strive for continuous Site availability but acknowledge occasional interruptions. SDG isn't liable for access problems beyond our control.
11. QUOTATION
All work will follow the agreed-upon quotation, including project scope, timeline, deliverables, and costs.
Clients must thoroughly understand and approve the quotation terms before confirming. Additional work or amendments will incur extra costs, subject to mutual agreement.
The Company may revise the quotation due to changes in project scope. Revised quotes will be submitted for client approval before proceeding.
Unless stated otherwise, all expenses are included in the final invoice.
12. ASSOCIATED PROJECT EXPENSES
Project costs align with consultations, but the final quote reflects actual expenses. Transparency is our ethos.
13. INVOICING AND PAYMENT
Invoices will be sent according to the specified timelines in the quote and statement of work. Payment is required upon receipt.
Payments for services can be made through bank transfer or online via a payment gateway.
If the Client fails to make timely payments, they will be charged interest at a rate of 4% per annum above the Bank of England’s base rate. This interest accrues daily from the due date until the overdue amount is paid, pre or post-judgment. The Client must pay the interest along with the overdue amount.
Accounts unpaid for thirty (30) days after the invoice date will be considered in default. In case of default, the Company may, at its discretion, remove any material from its web space. The company is not liable for any data loss due to service removal. Removal of material doesn't exempt the Client from paying outstanding charges. Clients with defaulting accounts agree to cover the Company's reasonable expenses, including legal fees and costs for third-party collection agencies.
14. 25% DEPOSIT
Clients are required to make a non-refundable deposit of 25% of the project cost before commencing any work. This deposit covers initial project costs and may also address other necessary expenses. It doesn't guarantee the final project cost or cover the entire expense.
The 25% deposit, based on the estimated project cost, is non-refundable and will be forfeited if the client cancels the project or alters the scope after work begins. The deposit is applied to the final invoice, which reflects the actual time spent and expenses incurred during the project.
15. PROJECT ADJUSTMENTS
As part of our project management, we incorporate a streamlined process for project adjustments. If your needs evolve or you require additional features after accepting the statement of work or once the Company initiates the project, we encourage you to send an email detailing the requested changes. We'll assess the feasibility of these adjustments and discuss any potential impact on costs.
16. FAILURE TO PROVIDE INFORMATION
The Company is responsible for ensuring that the scheduled work is executed and completed within the agreed-upon timeline outlined in the statement of work.
The Client must furnish all necessary information and materials for the project in advance, along with any additional details upon request. If progress is hindered or delayed due to the Client's failure to provide the required information or materials within the agreed time frame, the Company reserves the right to impose a surcharge of up to 25% of the charges.
If the Client commits to supplying the Company with the necessary information or materials and fails to do so within one week of the agreement, the Company reserves the right to terminate the project, and the remaining balance becomes immediately payable.
17. CLIENT REVIEW
Upon completion of the project, the Company will allow the Client to review the finalized deliverables. These materials will be considered accepted and approved unless the Client notifies the Company otherwise within five (5) working days from the date the materials are made available unless otherwise specified in the statement of work.
18. RIGHT TO WITHDRAW
Company reserves the right to discontinue any Services at its discretion, without prior notice or for any reason. Despite efforts to maximize Service lifespan, discontinuations may occur, ceasing Company support. In such cases, the Company will provide an alternative Service for migration or offer a refund. Company holds no liability for any modification, suspension, or discontinuance of Services, impacting you or any third party.
19. REFUND POLICY
Upon acceptance of a quote and payment, the deposit is refundable within 5 days of accepting the quote and if no work has commenced. If a project is cancelled, delayed, or postponed by the customer, the deposit is non-refundable, and additional charges may apply for completed work. Completed projects, as per the defined scope, are non-refundable.
20. NO THIRD-PARTY SERENADE
This Agreement does not grant any rights or benefits to third parties.
21. COMPLIANCE WITH LOCAL AND GOVERNING LAW
Users who choose to access this Site are responsible for compliance with all local laws, rules, and regulations. Additionally, this Agreement and any dispute or claim arising from it shall be governed by and construed following the laws of the United Kingdom, Wales, to the exclusion of conflict of law rules.
22. DISPUTE ARTISTRY
The exclusive jurisdiction for settling any dispute or claim arising from or in connection with this agreement, its subject matter, or formation shall be the courts of the United Kingdom, Wales.
23. TITLE AND HEADINGS
The titles and headings in this Agreement are for convenience only and do not alter or interpret the agreement between the parties as otherwise stated herein.
24. SEVERABILITY AND INDEPENDENCE OF COVENANTS
Each covenant in this Agreement is a separate and independent agreement. If a court deems any provision illegal or unenforceable, the remaining provisions shall remain valid to the fullest extent permitted by law.
25. SDG Productions LTD is a Company registered in England and Wales with the company number 12418090. Registered Address: 10 Maes Coetmor Bethesda Gwynedd LL57 3DS.
For any queries please contact us by email: sdg.productionstudio@gmail.com