Terms and Conditions

Date: 18/01/2019

Definitions & Application

Michael Tucker Trading As Matchcut Video Production means those persons carrying on business under the name of Michael Tucker Trading As Matchcut Video Production, referred to from this point as Michael Tucker Trading As Matchcut Video Production.

Michael Tucker Trading As Matchcut Video Production, 167 Duchy Drive, Paignton, Devon, TQ3 1EW (or other offices appearing on Michael Tucker Trading As Matchcut Video Production’s letterheads from time to time);

‘Customer’ means the person, firm, company or organisation to whom any quotation or correspondence is addressed, or with whom any contract is made; ‘Goods’ and/or ‘Services’ means the goods and/or services as described in any quotation, correspondence or contract. These include (but are not limited to) any artwork, designs, illustrations, models, layouts or other representations of any item. These do not include copyright, design rights and other intellectual property rights as referred to in Condition 4(b).

All quotations given, or estimates or proposals and/or contracts made by or with Michael Tucker Trading As Matchcut Video Production are subject to these Terms and Conditions, to the exclusion of all other terms and conditions, whether or not the same are endorsed upon or referred to in any purchase order, or other document delivered by the Customer to Michael Tucker Trading As Matchcut Video Production.

Any references on quotations or correspondence to any Customer order, specification or similar document shall not be deemed to imply that any terms or conditions endorsed upon or referred to in any such order, specification or similar document shall have effect in addition to or to the exclusion or amendment of these Terms and Conditions.

1 Price Variation

All estimates and quotations are based on current costs and, unless otherwise agreed, are subject to amendment to meet any rise or fall in such costs.

Estimates and quotations shall be subject to alteration without prior notice to the Customer before Michael Tucker Trading As Matchcut Video Production receives notification of acceptance. Following

Michael Tucker Trading As Matchcut Video Production’s receipt of the Customer’s acceptance, Michael Tucker Trading As Matchcut Video Production may notify the Customer of price increases, provided that if the Customer shall be notified of any increase in price of more than 10% on any item, the Customer shall be entitled (within 7 days of receiving such notification) to cancel the contract in relation to such items, by notice given to Michael Tucker Trading As Matchcut Video Production in writing. If the Customer cancels the contract, payment for all Goods and Services undertaken by Michael Tucker Trading As Matchcut Video Production prior to the date of cancellation shall become due for immediate payment by the Customer. If no such notification of cancellation is received within the said period of 7 days, such increases will be deemed to have been accepted by the Customer and (subject thereto) the contract shall remain in full force and effect.

2 Preliminary Work

All work carried out (whether experimental or otherwise) at the Customer’s request or with the Customer’s consent shall be charged at Michael Tucker Trading As Matchcut Video Production’s prevailing rates. All materials supplied by Michael Tucker Trading As Matchcut Video Production (and whether in the form of visuals, graphics, copy, text, discs or otherwise), shall remain the property of Michael Tucker Trading As Matchcut Video Production and, unless otherwise agreed, must be returned to Michael Tucker Trading As Matchcut Video Production on demand.

3 Materials/Information

A charge will be made to cover additional work involved where materials or information supplied are not clear and legible, or where the Customer modifies or varies its requirements in any way.

It is the responsibility of the Customer to ensure that the Customer legally owns all material/s (for example, but not limited to, designs, images, photographs, video clips, written text) supplied to Michael Tucker Trading As Matchcut Video Production, Michael Tucker Trading As Matchcut Video Production accepts no liability or legal action for the use of any material/s supplied by or on behalf of the Customer.

All copyright, design rights and other intellectual property rights in any text, visuals, graphics, drawings, designs and other documents or materials produced by or to the order of Michael Tucker Trading As Matchcut Video Production shall vest in and belong to Michael Tucker Trading As Matchcut Video Production.

The only right conferred on Clients shall be the right to use, reproduce or resell the completed Products or Services supplied by Michael Tucker Trading As Matchcut Video Production to the extent necessary to fulfill the Project in respect of which such Goods and/or Services are supplied. If in connection with any proposal, estimate or quotation Michael Tucker Trading As Matchcut Video Production develops, designs and/or communicates any concept, wording, layout, design or other original idea to the Customer, the Customer shall not disclose, make use of or develop that concept, wording, layout, design or idea itself or with any third party, except by accepting and acting upon Michael Tucker Trading As Matchcut Video Production’s proposal, estimate or quotation or otherwise with Michael Tucker Trading As Matchcut Video Production’s prior written consent.

4 Proofs and Production Schedules

The Customer acknowledges and accepts that it is the duty and responsibility of the Customer to check and correct each proof delivered by Michael Tucker Trading As Matchcut Video Production for any errors, omissions or inaccuracies. On each occasion on which proofs of work are submitted for the Customer’s approval, Michael Tucker Trading As Matchcut Video Production shall incur NO LIABILITY WHATSOEVER for any errors, omissions or inaccuracies not corrected by the Customer in proofs so submitted and the Customer shall pay for any Goods produced conforming to those proofs notwithstanding any such error, omission or inaccuracy. Customer alterations and additional proofs necessitated thereby shall be charged extra. When style, type or other design decisions are left to Michael Tucker Trading As Matchcut Video Production’s judgement, changes made by the Customer shall be charged extra.

If Michael Tucker Trading As Matchcut Video Production and the Customer have agreed or specified a production schedule, the Customer must notify Michael Tucker Trading As Matchcut Video Production, in writing, of any and all errors, omissions or inaccuracies in any proof(s) before the expiry of the agreed or specified deadline(s). If Michael Tucker Trading As Matchcut Video Production does not receive the Customer’s notice within the deadline(s), the Customer will be deemed to have accepted the proof(s) as delivered by Michael Tucker Trading As Matchcut Video Production and Michael Tucker Trading As Matchcut Video Production shall be entitled to proceed in accordance with the production schedule, without any further or prior reference to or authority from the Customer.

5 Standing Material

Michael Tucker Trading As Matchcut Video Production’s materials used in production shall remain Michael Tucker Trading As Matchcut Video Production’s exclusive property. Materials supplied by the Customer shall remain the Customer’s property.

6 Customer’s Property

All Customer’s property and all property supplied to Michael Tucker Trading As Matchcut Video Production by or on behalf of the Customer shall, while it is in the possession of Michael Tucker Trading As Matchcut Video Production (or in transit to or from the Customer) be deemed to be at the Customer’s risk. The Customer should insure all such property accordingly. Michael Tucker Trading As Matchcut Video Production shall be entitled to make a reasonable charge for the storage of any Customer’s property left with Michael Tucker Trading As Matchcut Video Production before receipt of the order, or after notification to the Customer of completion of work.

Michael Tucker Trading As Matchcut Video Production will retain all artwork, designs, illustrations, models, layouts or other representations of any item created by Michael Tucker Trading As Matchcut Video Production relating to each project for two years from the date of invoice; thereafter, such materials will be disposed of unless a request for the materials is received in writing from the Customer no less than 28 days prior to the two year deadline.

7 Materials Supplied by the Customer

In relation to any goods or materials supplied or specified by the Customer, the Customer acknowledges and accepts its responsibilities and liabilities under Terms and Conditions 12 (Limits on Liability) and 15 (Illegal or Non-Compliant Materials) below. Michael Tucker Trading As Matchcut Video Production may reject any goods or materials supplied or specified by the Customer which appear to be unsuitable. If such unsuitability results in additional cost, these shall be charged extra, except where such additional cost could have been avoided but for unreasonable delay by Michael Tucker Trading As Matchcut Video Production in ascertaining the unsuitability of the goods or materials supplied or specified. Where goods or materials are so supplied or specified, Michael Tucker Trading As Matchcut Video Production will use all reasonable endeavours to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of goods or materials so supplied or specified.

Where a Customer delays Michael Tucker Trading As Matchcut Video Production’s work through failure to supply goods or materials as may be required (or delays or suspends work on a contract for any reason other than Michael Tucker Trading As Matchcut Video Production’s default), Michael Tucker Trading As Matchcut Video Production reserves the right to terminate the contract or, at Michael Tucker Trading As Matchcut Video Production’s discretion, proceed with the contract.

If Michael Tucker Trading As Matchcut Video Production does terminate the contract, the full amount due and payable to Michael Tucker Trading As Matchcut Video Production under the contract shall become due for full and immediate settlement. Whether Michael Tucker Trading As Matchcut Video Production terminates the contract or proceeds with the contract, any costs, expenses or outgoings suffered or incurred by Michael Tucker Trading As Matchcut Video Production as a result of any delay or suspension shall be the Customer’s responsibility and shall be reimbursed to Michael Tucker Trading As Matchcut Video Production by the Customer on demand.

8 Delivery

Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed, payment shall become due.

Unless otherwise specified, the price quoted is for the delivery to the Customer’s address. A charge may be made to cover costs involved in delivery to a different address.

Should expedited delivery be agreed, an extra cost may be charged to cover overtime or additional costs involved.

If delivery dates are shown on any documentation, or given verbally by Michael Tucker Trading As Matchcut Video Production, they are approximate only. Unless otherwise agreed or specified by

Michael Tucker Trading As Matchcut Video Production, time for delivery shall not be of the essence.

Michael Tucker Trading As Matchcut Video Production will endeavour to complete the contract and/or deliver Goods within the time agreed, or (if no time is agreed) within a reasonable time; under no circumstances will Michael Tucker Trading As Matchcut Video Production be liable for any loss or damage to the Customer arising from any delay in production or delivery not caused directly by Michael Tucker Trading As Matchcut Video Production.

9 Claims

Advice of damage, delay or partial loss of Goods in transit or of non-delivery must be given in writing to Michael Tucker Trading As Matchcut Video Production within three clear days of delivery (or, in the case of non-delivery, within seven days of despatch of the Goods) and any claim in respect thereof must be made in writing to Michael Tucker Trading As Matchcut Video Production within seven clear days of delivery (or, in the case of non-delivery, within fourteen days of despatch). All other claims of any nature must be made in writing to Michael Tucker Trading As Matchcut Video Production within fourteen days or whichever is the earlier of the date of invoice or the date of delivery. Michael Tucker Trading As Matchcut Video Production shall not be liable in respect of any claims unless the aforementioned requirements have been complied with, unless the Customer can prove that it was not possible to comply with the requirements and advice was given and the claim was made to Michael Tucker Trading As Matchcut Video Production as soon as reasonably possible.

If the customer receives and makes use of the goods or services, then they will be deemed to be approved.

10 Limits on Liability

THE FOLLOWING TERMS LIMIT AND RESTRICT Michael Tucker Trading As Matchcut Video Production’s LIABILITIES TO CUSTOMERS:

Michael Tucker Trading As Matchcut Video Production does not accept any liability or responsibility for the use, operation, fitness for purpose or functionality of any Goods or Services produced using any design, model, text or specification provided by the Customer.

The Customer will be exclusively responsible for checking and monitoring that all items and materials supplied or specified by the Customer and Goods and Services provided by Michael Tucker Trading As Matchcut Video Production or Michael Tucker Trading As Matchcut Video Production’s servants, agents or employees will comply with all relevant applicable laws, regulations and standards, are not defamatory, libellous, obscene or offensive and do not infringe any third party rights. For the avoidance of doubt, the Customer shall ensure that it and its website at all times complies with all relevant legal requirements (including but not limited to the Data Protection Act 1998) and Michael Tucker Trading As Matchcut Video Production shall not be liable or responsible in the event that the Customer fails to comply with any applicable laws or regulations and breaches or infringes any third party rights.

The maximum liability of Michael Tucker Trading As Matchcut Video Production to the Customer shall not under any circumstances and for any reason or cause exceed the aggregate amount paid to Michael Tucker Trading As Matchcut Video Production by the Customer for the Goods and/or Services supplied and in respect of which the liability or claim arises.

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL Michael Tucker Trading As Matchcut Video Production ACCEPT OR INCUR ANY LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES (INCLUDING LOSS OF PROFIT, REPUTATION OR EXPECTATION) OF THE CUSTOMER OR ANY OTHER PERSON HAVING ANY DEALINGS WITH THE CUSTOMER.

11 Payment

Payment for all Goods and Services is due 14 days post delivery, unless otherwise agreed in writing by Michael Tucker Trading As Matchcut Video Production. Michael Tucker Trading As Matchcut Video Production reserves the right to charge late payment interest on all overdue accounts, whether formally demanded or not at the rate of 8% per annum above the base rate set by the Bank Of England and late payment compensation in accordance with the Late Payment Of Commercial Debts (Interest) Act Notwithstanding the above, the right is reserved by Michael Tucker Trading As Matchcut Video Production to call for IMMEDIATE PAYMENT & FULL SETTLEMENT of any account at any time. Michael Tucker Trading As Matchcut Video Production reserves the right to invoice work-to-date at the end of any calendar month for work undertaken. Until full and final payment has been received by Michael Tucker Trading As Matchcut Video Production for all Goods supplied at any time by Michael Tucker Trading As Matchcut Video Production to the Customer, ownership of such Goods shall remain with Michael Tucker Trading As Matchcut Video Production, and in the event of non-payment by the Customer, Michael Tucker Trading As Matchcut Video Production shall be entitled to take possession of Goods (and to enter upon the Customer’s premises and seize such Goods) without prejudice to any other remedies.

12 Breach of Terms and Conditions and/or Insolvency

If the Customer commits any material breach of any of these Terms and Conditions or ceases to pay its debts in the ordinary course, or cannot pay its debts as they become due, or (being a company) is deemed to be unable to pay its debts, or has a winding-up petition issued against it, or (being a person) commits an act of bankruptcy or has a bankruptcy petition issued against him/her, or if any receiver, administrator, trustee or other custodian is appointed over or in respect of the Customer’s business, assets or affairs (or any material part of them) Michael Tucker Trading As Matchcut Video Production without prejudice to other remedies shall:

Have the right not to proceed further with the contract of any other work for the Customer, and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due; and b. In respect of all unpaid debts due from the Customer, have a general lien on all goods and property in Michael Tucker Trading As Matchcut Video Production’s possession or control (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as Michael Tucker Trading As Matchcut Video Production thinks fit and to apply the proceeds towards such debts; and/or Notwithstanding that payment has not been received in full by Michael Tucker Trading As Matchcut Video Production for all Goods supplied the risk in respect of any such Goods shall pass to the Customer and Michael Tucker Trading As Matchcut Video Production shall be entitled to maintain an action for the price of such unpaid Goods notwithstanding that Michael Tucker Trading As Matchcut Video Production shall retain ownership of such Goods.

13 Illegal or Non-Compliant Materials

Michael Tucker Trading As Matchcut Video Production shall not be required to produce any Goods or materials which, in its opinion, are or may be of an illegal, defamatory, libellous, obscene or offensive nature or an infringement of the copyright, patent, design rights or any other proprietary or other rights of any third party. Michael Tucker Trading As Matchcut Video Production shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any illegal, defamatory, libellous, obscene or offensive matter or any infringement of copyright, patent, design rights or of any other proprietary or personal rights contained in any Goods or materials produced or Services provided for the Customer. This indemnity shall extend to any amounts paid in settlement of any claim.

14 Acceptance and Authority

The issuing of a purchase order or quotation/order acceptance or letter/email/fax of appointment (carrying reference to a quotation/contract or proposal) will be deemed as acceptance by the Customer of these Terms and Conditions. Michael Tucker Trading As Matchcut Video Production reserves the right not to proceed with any work unless a purchase order or quotation/order acceptance or letter/email/fax of appointment is received. Michael Tucker Trading As Matchcut Video Production will be entitled to assume that every servant, agent or employee of a Customer having any contract or dealing with Michael Tucker Trading As Matchcut Video Production has actual authority to enter into binding commitments and contracts on behalf of the Customer without any limit or restriction unless Michael Tucker Trading As Matchcut Video Production receives written notice from the Customer to the contrary.

15 Force Majeure

Michael Tucker Trading As Matchcut Video Production shall be under no liability if it is unable to carry out any contract for any reason beyond its control, including (without limitation) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. If as a result of any such event delivery is delayed for more than thirty days, the Customer may (by written notice to Michael Tucker Trading As Matchcut Video Production) elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

16 Law

These Terms and Conditions, and all other terms of any contract, shall be governed and construed in accordance with the Laws of England.

Michael Tucker Trading As Matchcut Video Production Terms of Service (TOS)

The company shall be known throughout this document as Michael Tucker Trading As Matchcut Video Production.

‘Michael Tucker Trading As Matchcut Video Production’ means those persons carrying on business under the name of Michael Tucker Trading As Matchcut Video Production. 167 Duchy Drive, Paignton, Devon, TQ3 1EW (or other offices appearing on Michael Tucker Trading As Matchcut Video Production’s letterheads from time to time) Use of Michael Tucker Trading As Matchcut Video Production Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS of Michael Tucker Trading As Matchcut Video Production. The TOS may be changed from time to time at the discretion of Michael Tucker Trading As Matchcut Video Production. The client understands that change to the TOS by Michael Tucker Trading As Matchcut Video Production shall not be grounds for non-payment. Michael Tucker Trading As Matchcut Video Production agrees to provide the client with web hosting services for a monthly, quarterly or annual fee. Clients are allowed to use Michael Tucker Trading As Matchcut Video Production services for personal and/or business/commercial websites or content.

Content:

All services provided by Michael Tucker Trading As Matchcut Video Production may be used for lawful purposes only.

Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Michael Tucker Trading As Matchcut Video Production from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:

Michael Tucker Trading As Matchcut Video Production does not allow adult “xxx” related content, pornography and sex-related content. This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging. Links to such materials are also prohibited.

Michael Tucker Trading As Matchcut Video Production will be the sole arbiter as to what constitutes a violation of this provision. Educational adult videos and adult e-commerce product videos are allowed but due to such a fine line we recommend checking with Michael Tucker Trading As Matchcut Video Production before hosting engaging services to produce such a video..

Michael Tucker Trading As Matchcut Video Production will be the sole arbiter as to what constitutes a violation of this provision.

SOME EXAMPLES OF UNACCEPTABLE CONTENT:

– Adult / Pornographic – Hacking programs / Hacking Archives / Hacking Information – Warez Site – Spam / Spamming Software

DISTRIBUTION OR TRANSMISSION OF OBSCENE OR INDECENT SPEECH OR MATERIALS:

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through Michael Tucker Trading As Matchcut Video Production’s Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Michael Tucker Trading As Matchcut Video Production Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Michael Tucker Trading As Matchcut Video Production Network. If you use a domain name in connection with the Michael Tucker Trading As Matchcut Video Production Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. As the client you are solely responsible for the Intellectual Property Right pertaining to your chosen name, brand, or logo, Michael Tucker Trading As Matchcut Video Production accepts no responsibility or liability for your chosen name, brand or logo.

SUPPORT BOUNDARIES:

Michael Tucker Trading As Matchcut Video Production limits technical support to its area of expertise, this is providing video production and photography services. 

Any additional work you may require from Michael Tucker Trading As Matchcut Video Production which does not fall within usual support boundaries is charged at a rate of £50 GBP per hour, charged in 15 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include, but are not limited to: uploading videos to Social Media, creating thumbnails, creating video descriptions and metadata, etc.

REFUNDS AND DISPUTES:

All payments to Michael Tucker Trading As Matchcut Video Production are non-refundable. This includes any initial production fee and subsequent charges. Michael Tucker Trading As Matchcut Video Production does not offer any kind of “money back guarantee” or “trial period”.

PRODUCT PRICING:

Michael Tucker Trading As Matchcut Video Production reserves the right to change the pricing of products and/or services at any time.

ABUSE:

Any attempts to undermine, slander, libel, threaten, or cause harm to a Michael Tucker Trading As Matchcut Video Production server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

REFUSAL OF SERVICE:

Michael Tucker Trading As Matchcut Video Production reserves the right at its sole discretion to refuse or cancel service. Violation of any of Michael Tucker Trading As Matchcut Video Production’s TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

INFORMATION DISCLOSURE POLICY:

Michael Tucker Trading As Matchcut Video Production will not otherwise disclose its customers’ personal and account information unless Michael Tucker Trading As Matchcut Video Production has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Michael Tucker Trading As Matchcut Video Production, Michael Tucker Trading As Matchcut Video Production’ customers, or others, or where Michael Tucker Trading As Matchcut Video Production has a good faith belief that the law requires such disclosure. Michael Tucker Trading As Matchcut Video Production also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail, electronic communications, or other electronic data that Michael Tucker Trading As Matchcut Video Production stores or transmits for its customers. The circumstances under which Michael Tucker Trading As Matchcut Video Production will disclose such electronic customer communications or data are when: – it is necessary in order to provide service to the customer. – it is necessary to protect the legitimate interests of Michael Tucker Trading As Matchcut Video Production and its customers. – it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that Michael Tucker Trading As Matchcut Video Production determines in its sole discretion to be valid and enforceable. – it is necessary to provide to a law enforcement agency when the contents appear to pertain to the commission of a crime.

PRIVACY POLICY

It is the policy of Michael Tucker Trading As Matchcut Video Production to not disclose any personal information or account data to third parties without prior consent of the individual unless instructed to do so by a court of law or other legal warrant/document. Michael Tucker Trading As Matchcut Video Production will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. This information may be stored in a number of ways including electronic and paper formats. Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity

We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.

INDEMNIFICATION:

Customer agrees that it shall defend, indemnify, save and hold Michael Tucker Trading As Matchcut Video Production (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Michael Tucker Trading As Matchcut Video Production, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Michael Tucker Trading As Matchcut Video Production against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Michael Tucker Trading As Matchcut Video Production server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Michael Tucker Trading As Matchcut Video Production to the amount paid for service.

DISCLAIMER:

Michael Tucker Trading As Matchcut Video Production will not be responsible for any damages your business may suffer. Michael Tucker Trading As Matchcut Video Production makes no warranties of any kind, expressed or implied for services we provide. Michael Tucker Trading As Matchcut Video Production disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Michael Tucker Trading As Matchcut Video Production and its employees. Michael Tucker Trading As Matchcut Video Production makes no server “uptime” guarantees. The Client agrees that Michael Tucker Trading As Matchcut Video Production shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Michael Tucker Trading As Matchcut Video Production’s liability for its own negligence is zero, and Michael Tucker Trading As Matchcut Video Production may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Michael Tucker Trading As Matchcut Video Production be liable for any special or consequential damages, loss of revenue or injury. Michael Tucker Trading As Matchcut Video Production can accept no responsibility for any loss of data or consequences arising from this. Michael Tucker Trading As Matchcut Video Production always advises clients to back up their site data regularly for their own protection. Michael Tucker Trading As Matchcut Video Production does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan. All communications (emails, verbal or written) are between Michael Tucker Trading As Matchcut Video Production and the client. These communications are private and are therefore not to be shared with any other parties. This agreement is made between the customer and Michael Tucker Trading As Matchcut Video Production. Michael Tucker Trading As Matchcut Video Production will only be able to communicate with regards to the account with the registered customer and not a third-party. Finally, Michael Tucker Trading As Matchcut Video Production wishes to emphasize that in accepting services, customers indemnify Michael Tucker Trading As Matchcut Video Production for the violation of any law or Michael Tucker Trading As Matchcut Video Production policy that results in loss to Michael Tucker Trading As Matchcut Video Production or the bringing of any claim against Michael Tucker Trading As Matchcut Video Production. This means that if Michael Tucker Trading As Matchcut Video Production is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Michael Tucker Trading As Matchcut Video Production, plus costs and reasonable legal fees.

FAILURE TO COMPLY WITH ANY OF OUR TERMS OF SERVICE WILL RESULT IN GROUNDS FOR IMMEDIATE CANCELLATION OF SERVICES.