Vizible Media Limited - Terms Of Business

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Terms & Conditions ("T&Cs")

  1. Definitions and Interpretation
    1. In these Conditions:
      • "CLIENT" means the person named in the accompanying engagement letter ("Letter") for whom the Company has agreed to provide the Specified Service in accordance with these T&Cs;
      • "COMMENCEMENT DATE" means the commencement date specified in the Letter ;
      • "COMPANY" means Vizible Media Limited with company number 11136201 whose registered office is at Heydon Lodge, Flint Cross, Newmarket Road, Heydon, Royston, SG8 7PN;
      • "COMPANY'S CHARGES" means the charges specified in the Letter;
      • "CONTRACT" means the contract for the provision of the Specified Service, incorporating the Letter and these T&Cs;
      • "DOCUMENT" includes, in addition to a document in Writing, a plan, design, drawing, picture or other image, or any other record of any information in any form;
      • "INPUT MATERIAL" means any Documents or other materials, and any data or other information provided by the Client relating to the Specified Service;
      • "MONTHLY CHARGES" means the monthly charges on account specified in the Letter;
      • "OUTPUT MATERIAL" means any Documents or other materials, and any data or other information provided by the Company relating to the Specified Service;
      • "SPECIFIED SERVICE" means the service to be provided by the Company for the Client as set out in the Letter;
      • "WEBSITE" means the Company's website www.vizible.io
    2. The headings in these Conditions are for convenience only and shall not affect their interpretation.
  2. Supply of the Specified Service
    1. The Company shall provide the Specified Service to the Client subject to these T&Cs. Any changes or additions to the Specified Service or these T&Cs must be agreed in writing and signed by the Company and the Client.
    2. The Client shall at its own expense supply the Company with all necessary Input Material or other relevant information relating to the Specified Service, within sufficient time to enable the Company to provide the Specified Service in accordance with the Contract. The Client shall ensure the accuracy of all Input Material.
    3. The Client shall at its own expense retain duplicate copies of all Input Material and insure against its accidental loss or damage. The Supplier shall have no liability for any such loss or damage, however caused. All Output Material shall be at the sole risk of the Client from the time of delivery to the Client.
    4. The Specified Service shall be provided in accordance with the description set out in the Letter but subject to these T&Cs.
    5. The Company may correct any typographical or other errors or omissions in the Website, brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without incurring any liability to the Client.
    6. The Supplier may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable laws, health and safety legislation or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.
  3. Charges
    1. Subject to any special terms subsequently agreed, the Client shall pay the Company's Charges monthly in advance and shall also pay any additional sums which, in the Supplier's sole discretion, are required as a result of the inaccuracy of any Input Material or any other cause attributable to the Client.
    2. The Company's Charges are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
    3. The Company's Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any setoff or other deduction) within 30 days of date of invoice.
    4. If payment of the Company's Charges is not made by the due date, the Company shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the higher of 10% and the rate of 4% above the base rate from time to time of C. Hoare & Co. from the due date until the outstanding amount is paid in full. The Company may also cease the provision of the Specified Services until such time as payment has been received in full.
  4. Rights in Input Material and Output Material
    1. The property and any copyright or other intellectual property rights in:
      1. any Input Material shall belong to the Client; and
      2. any Output Material shall belong to the Company, subject only to the right of the Client to use the Output Material solely for the purposes of utilising the Specified Service subject to payment by the Client of all applicable Company's Charges and the Client shall acknowledge the Company's copyright to the Output Material.
    2. Any Input Material or other information provided by the Client which is so designated by the Client shall be kept confidential by the Company, and all Output Material or other information provided by the Company which is so designated by the Company shall be kept confidential by the Client; but the foregoing shall not apply to any Documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.
    3. The Client warrants that any Input Material and its use by the Company for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party, and the Client shall indemnify the Company against any loss, damages, costs, expenses or other claims arising from any such infringement.
  5. Warranties and Liability
    1. The Company warrants to the Client that the Specified Service will be provided using reasonable care and skill. Where the Company supplies in connection with the provision of the Specified Service any goods (including Output Material) supplied by a third party, the Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise.
    2. The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation made against it in connection with any Output Material, arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or nonarrival, or any other fault whatsoever of the Client.
    3. Except in respect of death or personal injury caused by the Company's negligence, or as expressly provided in these T&Cs, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Client, and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Company's Charges for the provision of the Specified Service, except as expressly provided in these T&Cs.
    4. The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Specified Service, if the delay or failure was due to any act of the Client or any other cause beyond the Company's reasonable control.
  6. Period and Termination
    1. The Contract shall be for the period ("Period") specified in the Letter and shall continue thereafter unless and until terminated by either party serving on the other not less than 3 months notice (or such other notice period as may be agreed in writing by the parties from time to time) to expire on or at any time after the end of the Period.
    2. Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other ("Defaulting Party") if the Defaulting Party commits any breach of these Terms and Conditions and (if capable of remedy) fails to remedy the breach within 10 days after being required by written notice to do so, or if the Defaulting Party goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
    3. In the event of termination prior to the expiry of the Period and where the Client is the Defaulting Party the balance of Company's Charges shall become payable with 15 days and in default of payment the provisions of clause 3.4 shall apply.
  7. General
    1. These T&Cs (together with the Letter and other specified attachments) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
    2. Any notice or other communication given under this Agreement shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it by hand or sending it by pre-paid recorded delivery or registered post or by fax to the party due to receive it, at its address or fax number set out in this Agreement or to such other address or fax number as are last notified in writing to the parties.
    3. Subject to clause 7.2, in the absence of evidence of earlier receipt, any notice or other communication given pursuant to this clause shall be deemed to have been received:
      1. if delivered by hand, at the time of actual delivery to the address referred to in clause 7.2;
      2. in the case of pre-paid recorded delivery or registered post, two Business Days after the date of posting; and
      3. if sent by fax, at the time of completion of transmission.
    4. If deemed receipt under clause 7.3 occurs before 9.00 am on a Business Day, the notice shall be deemed to have been received at 9.00 am on that day. If deemed receipt occurs after 5.00 pm on a Business Day or on any day which is not a Business Day, the notice shall be deemed to have been received at 9.00 am on the next Business Day.
    5. For the avoidance of doubt, notice given under this Agreement shall not be validly served if sent by e-mail.
    6. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
    7. If any provision of these T&Cs is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
    8. English law shall apply to the Contract, and the parties agree to submit to the exclusive jurisdiction of the English courts.
    9. Nothing in this Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of this Agreement.

Privacy Policy

Vizible Media Limited takes your privacy very seriously and is committed to protecting your personal information. This privacy policy sets out the way in which any personal information you provide to us is used and kept secure by Vizible Media Limited. It applies whenever we collect your personal data (including when you use our website or other digital platforms), so please read it carefully.

Please note that this privacy policy forms part of our digital terms of use, which you can read here.

About us

Vizible Media Limited is a media planning and execution business based in London, UK.

About this privacy policy

This privacy policy explains what information we may collect about you, how we may use it, and the steps we take to ensure that it is kept secure. We also explain your rights in respect of your personal data.

Please note that our website and other digital platforms may contain links to third party websites / digital platforms which are provided for your convenience. We are only responsible for the privacy practices and security of our own digital platforms. We recommend that you check the privacy and security policies and procedures of each and every other website / digital platform that you visit.

How to contact us about your personal data or this privacy policy

If you have any questions about this privacy policy or about your personal data, please email us at privacy@vizible.io or write to us at the following address:

Data Protection Officer

Vizible Media Limited

Heydon Lodge, Flint Cross, Newmarket Road, Heydon, Royston, United Kingdom, SG8 7PN

Information we collect and what we use it for

All personal information that we collect about you will be recorded, used, and protected by us in accordance with applicable data protection legislation and this privacy policy. We may supplement the information that you provide with other information that we obtain from our dealings with you or which we receive from other organisations, for example, our sponsors and partners.

In broad terms, we use your data for the following purposes:

When we provide you with products or services we may collect and store any personal information that you provide to us. We may, for example, keep a record of your name, address, delivery address, email address, telephone number and payment card details.

When you sign up with us for an online account, register to receive marketing communications from us (and/or our sponsors and partners), fill in one of our forms (whether online or offline) or otherwise expressly provide us with your personal information, we may collect and store any personal information that you provide to us and may use it to personalise and improve your experience on our digital platforms, provide products and services you request from us, and carry out profiling and market research.

When you interact with our digital platforms, we may also automatically collect the following information about your visit. This is primarily to help us better understand how our fans use our digital platforms to enable us create better content and more relevant communications:

We may also infer your country of location from the IP address you have used to access our digital platforms and we may analyse which marketing activity led to your taking specific action on our digital platforms (e.g. downloading the app).

News, offers and opportunities from us and partners (which we provide only with your consent)

We want you to be the first to know about news and information about us and our partners. If you haven’t already signed up to receive these exciting benefits please click (insert link to sign up to our mailing group). You can unsubscribe by clicking here, or by writing to us at the address above. Please note, if you don’t choose to receive this information, we will be unable to keep you informed of new services, products or events that may interest you and our ability to inform you of opportunities may be affected.

We may also participate in Facebook's ‘Custom Audience’ service from time to time. This service enables Vizible Media Limited to display to you personalized advertisements when you visit Facebook’s social media platforms. It works by converting your email address to a unique number that Facebook uses to match to unique numbers that Facebook generates from email addresses of its users. Where we use Facebook Custom Audiences, we will only include you if you have consented to receive marketing from us. If you have given us your consent, you can change your mind at any time by unsubscribing or by adjusting your preferences in the preference centre.

Disclosure of your information
 
In order to provide our products and services to you or to otherwise fulfil contractual arrangements that we have with you, we may need to appoint other organisations to carry out some of the data processing activities on our behalf. These may include, for example, payment processing organisations, delivery organisations, fraud prevention and screening and credit risk management companies, and mailing houses.

We may share your data with advertising networks and/or social media platforms for the purposes of selecting and serving relevant adverts to you via those networks/platforms, and to search engine and analytics providers.

We may share your data with third parties (a) if we are under a legal or regulatory duty to do so, (b) if it is necessary to do so to enforce our (insert link to terms and conditions, privacy and cookie policy page) or other contractual rights, (c) to lawfully assist the police or security services with the prevention and detection of crime or terrorist activity, (d) where such disclosure is necessary to protect the safety or security of any persons, and/or (e) otherwise as permitted under applicable law.

We may share your data with our carefully selected sponsors and partners (as may change from time to time) but we will only do this if you have consented to receive marketing relating to our partners or if one of the conditions in the paragraph above applies.

Some of the organisations to which we may disclose your personal information are situated outside of the United Kingdom and European Union in countries which may not have laws that protect privacy rights as extensively as in the United Kingdom. If we do transfer your personal information to other territories, we will take proper steps to ensure that your information is protected in accordance with this privacy policy.

In all instances where we disclose your information to third parties, we will ensure that your information is appropriately protected.

Cookies

In common with many other website operators, we use standard technology called 'cookies' on our website. Cookies are small pieces of information that are stored by your browser on your computer's hard drive and they are used to record how you navigate this website on each visit.

For further, more detailed information on how we use cookies, please refer to our Cookie Policy which you can read here.

Security of information

We take the security of your personal information seriously. In addition, we have security procedures in place to protect our paper based systems and computerised databases from loss and misuse, and only allow access to them when it is absolutely necessary to do so, and then under strict guidelines as to what use may be made of the personal information contained within them.

Where a password is required to access certain areas of our digital platforms, you are responsible for keeping your password secure and confidential. Please do not share or

disclose your password to any other person.

Monitoring

We may monitor or record telephone calls for security purposes and to improve the quality of services that we provide to you.

Please note that for your safety and security, CCTV is in operation in all of our premises which are open to the public.

More about your information - your rights

You may correct or update your personal information at any time by emailing us at privacy@vizible.io. Please include your name, address, date of birth and email address when you contact us as this helps us to ensure that we accept amendments only from the correct person. We encourage you to promptly update your personal information if it changes.

We will securely retain your information for as long as is reasonably necessary and in accordance with applicable law. If you wish to submit a request that your data be deleted, please write to us at the above address. You have the right to receive a copy of the personal information that we hold about you. Please write to us at the address above if you wish to exercise this right. We may charge a small fee towards the cost of administering any request you make. The current fee is £10.00.

If you have subscribed to receive marketing communications, you can unsubscribe here at any time.

Changes to this privacy policy

We aim to meet high standards and so our policies and procedures are constantly under review. From time to time we may change this privacy.


What are ‘Cookies’?

Cookies are small pieces of information that are stored by your browser on your computer's hard drive. They are often used as a mechanism for websites to remember things that a website browser has done there in the past, for example, clicking on particular buttons, logging in, or having read pages on that site months or years ago.

How does Vizible use Cookies?

In common with many other website operators, we use cookies on our website. We use them to enrich your experience of using the website by allowing us to tailor what you see to what we have learned about your preferences during your visits to the site. Our cookies are also used to enable us to develop our website to reflect our customers interests by noting who has seen which pages and advertisements, how frequently particular pages are visited and determining the most popular areas of our website. We and carefully selected third parties also use cookies to show you more relevant advertising online.

In general, we use the following types of cookie:

Strictly Necessary Cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use the shopping cart feature when buying match tickets etc.

Analytical/Performance Cookies: These allow us to recognise and count the number of visitors and see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users can find what they are looking for easily.

Functionality Cookies: These are used to improve the functional performance of the website and make it easier for you to use. For example, they are used to remember that you have previously visited the website and asked to remain logged in to the website.

Targeting Cookies: These cookies record your visit to our website and your browsing habits, such as the pages you have visited and the links you have followed. They are used to deliver advertising which is more relevant to your interests and also may be used to limit the number of times that you see an advertisement. They may be placed by us or by advertising networks with our permission.  Please note, these cookies do not contain any of your personal information. For details on how to manage cookies and how to opt out of targeted marking see below.

By continuing to use our website without choosing to delete/block cookies, you agree that we can place these types of cookies on your device.

Managing Cookies

You can manage cookies by activating the setting on your internet browser that allows you to refuse the setting of all or some cookies. Please refer to the instructions or the online help files available via your relevant browser if you wish to manage cookies in this way. Alternatively, please visit www.allaboutcookies.org for further information. To manage cookies relating to targeted advertising activities, you can visit www.youronlinechoices.com.  To opt-out of being tracked by Google Analytics across all websites you can visit tools.google.com/dlpage/gaoptout.  

Please note, if you refuse cookies this may mean that you can’t use some of the additional features of our website and may not be able to access certain parts of the website.

Changes to this Cookies policy 

We aim to meet high standards and our policies and procedures are, therefore, constantly under review. From time to time we may change how we use and place cookies. Accordingly we recommend that you check this page periodically in order to review our current policies and practices.

How to contact us regarding Cookies

Email: privacy@vizible.io

Mail: Data Protection Officer, Visible Media Limited, Heydon Lodge Flint Cross Newmarket Road, Heydon, Royston, United Kingdom, SG8 7PN