Dot Com Imaging (DCI) Terms and Conditions for hire of studios

1. DEFINITIONS

In these Terms and Conditions (Conditions) the following expressions have the following meanings:
Contract:	the on-line order form for Services displayed on the Website which incorporates these Conditions.
Customer:	the person, firm or company who purchases Services from DCI.
DCI:	Dot Com Imaging which is the trading name of Pixel Imaging Limited a Company registered in England and Wales with registered number 3255212 whose registered address is the IT Centre, York Science Park, Heslington, York YO10 5DG.
Hire Period:	the period of time for hire of the Studio Premises and related facilities and Equipment which has been ordered by the Customer on the on-line order form.
Services:	the hire of Studio Premises and related facilities, Consumables and Equipment which have been ordered by the Customer from DCI on the on-line order form.
Consumables:	refreshments supplied by DCI which have been consumed by the Customer or their servants or agents during the Hire Period.
Equipment:	all fixtures, lighting and other equipment supplied by DCI.
Studio Premises:	the photographic studios and associated rooms available for hire from DCI.
Website:	DCI’s website at www.york-studios.co.uk

2. WARRANTIES

2.1 Each of the parties warrants to the other that it has full power and authority to enter into and perform this Contract.
2.2 DCI shall perform the Services with reasonable care and skill.
2.3 This Contract sets out the full extent of DCI´s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into this Contract or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.

3. INSURANCE

3.1 DCI shall insure the Studio Premises and the Equipment against all normal insurable risks but not further or otherwise.
3.2 The Customer shall be responsible for insuring their own equipment and personal property and that belonging to their servants and agents whilst it is on the Studio Premises.

4. BOOKING PROCEDURE AND APPLICATION OF CONDITIONS

4.1 Services shall be ordered by the Customer on the on-line order form on the Website.
4.2 The fees payable for the Services shall be as listed in the price list displayed on the Website.
4.3 The Customer shall confirm on-line that they accept these Conditions.
4.4 On completion of the on-line order form, the Customer and DCI will each receive an email to state that a provisional reservation has been made.
4.5 The provisional reservation will be shown as such on the on-line booking system displayed on the Website.
4.6 Following a provisional reservation, DCI shall telephone the Customer to request their credit card details and to request payment of the non-refundable deposit which is indicated in the price list.
4.7 The Customer’s order for the purchase of Services shall only be accepted when the Customer’s valid credit card details have been received by DCI and a deposit payment has been made to DCI.
4.8 In the event of a cancellation by the Customer, the deposit paid in accordance with Condition 4.7 above shall not be refunded.

5. CUSTOMERS USE OF THE STUDIO PREMISES

5.1 The Customer and their servants and agents shall only use the Studio Premises for photography and only for the Hire Period agreed on the booking form unless varied in writing and signed by an authorised signatory on behalf of DCI.
5.2 The particular Studio Premises and Equipment hired by the Customer are only available for the use of that Customer and their servants and agents named on the booking form during the Hire Period and the Customer is not permitted to sub-contract, sub-let or otherwise allow any third party to use or occupy the studio or use the Equipment or Consumables without the prior written permission of an authorised signatory of DCI.
5.3 During the Hire Period the Customer and their servants and agents shall abide by the following rules relating to the hire of the Studio Premises:
(a) Nothing shall be done or permitted on the premises or adjacent to them which may cause nuisance, damage or disturbance to the owners or occupiers of adjacent premises.
(b) No smoking is allowed on any part of the Studio Premises
(c) Noise shall be kept to a reasonable level and the Customer and their agents and servants shall respond to any request by DCI staff to reduce the noise level if necessary.
(d) The Customer and their servants and agents shall take all reasonable steps to ensure that the Studio Premises and Equipment are not damaged, removed or altered in any way.
(e) The Customer is responsible for ensuring that the security and fire alarm systems are not tampered with or activated except in instances believed to be a genuine emergency.
(f) The Customer shall abide by all relevant statutory Health and Safety Procedures and any Health and Safety Procedures which are displayed at the Studios.
(g) Parking of Customer’s vehicles shall only be permitted in DCI’s designated parking spaces for the Hire Period.
(h) The Customer may not remove Equipment from the Studio Premises or modify or tamper with Equipment or use the Equipment in a way not recommended by the manufacturer or allow the Equipment to be used by any untrained personnel or part with, sell, pledge, encumber or allow any lien to be created on the Equipment without the prior written approval of DCI.
(i) Any materials used in connection with sets constructed by the Customer shall be removed immediately from the Studio Premises by the end of the Hire Period.
(j) The Studio Premises shall be immediately surrendered to DCI at the end of the Hire Period in the same condition as they were at the beginning of that period.
(k) The Customer shall be responsible for removing all rubbish from the Studio Premises by the end of the Hire Period.
(l) The Customer and any of its servants or agents shall not become intoxicated or behave in such a manner which would result in them being unable to safely occupy the Studio Premises or operate any Equipment.
(m) The Customer shall be responsible for the well-being of any children who they bring to the Studio Premises. and any child under 18 years of age shall be accompanied by their parent or guardian whilst on those premises.
(n) The Customer shall ensure that neither they nor their servants or agents shall perform any illegal acts or create anything which is illegal or which infringes any applicable laws or third party rights (including intellectual property rights) or do or create anything which could be construed as illegal, immoral, indecent, pornographic or offensive whilst on the Studio Premises.

6. FEES AND CHARGES

6.1 The fees for Services and Consumables shall be paid by the Customer to DCI immediately at the end of the Hire Period.
6.2 The deposit paid in accordance with Condition 4.7 above shall be deducted from the fees payable by the Customer.
6.3 All transactions shall be settled in cash or by credit card prior to leaving the studios.
6.4 Any Overdue accounts will accrue interest from the end of the Hire period at the rate of 4% above the base rate of HSBC Bank plc and DCI may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
6.5 The Hire Period commences when the Studio Premises and/or Equipment are made available to the Customer and terminates when the Studio and /or Equipment is surrendered or returned to DCI
6.6 Any additional Services, Equipment and Consumables which have been used by the Customer or their servants and agents shall be billed to and paid by the Customer at the end of the Hire Period.
6.7 Where DCI is required to place a security deposit with any third party for hire of any item of equipment for the Customer that Customer shall pay such deposit to DCI when the booking is made
6.8 DCI shall have a general lien on any film, tape or other equipment or property in the possession of DCI or in the Studio Premises for the payment of any monies due to DCI from the Customer.
6.9 At the end of the Hire Period the Customer will be charged an additional sum by DCI for restoration of the Studio Premises or repair or replacement of Equipment if the Studio Premises or any item of Equipment has been delivered or returned to DCI in a damaged or unusable condition.

7. LIMITATION OF LIABILITY - THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION.

7.1 This condition 7 sets out the entire financial liability of DCI (including any liability for the acts or omissions of its employees, servants, agents and sub-contractors) to the Customer in respect of:
(a) any breach of the Contract
(b) any use made by the Customer of the Services and Consumables
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract
7.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.3 Nothing in these Conditions limits or excludes the liability of DCI:
(a) for death or personal injury caused by its negligence; or
(b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by DCI; or
(c) for any liability incurred by the Customer as a result of any breach by DCI of the terms implied by section 2 of the Supply of Goods and Services Act 1982 or S12 Sale of Goods Act 1979.
7.4 Subject to condition 7.2 and condition 7.3:
(a) DCI shall not be liable for loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss or corruption of data or information; any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) DCI's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in any calendar year in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Services and Consumables in that calendar year.

8. SEVERANCE

8.1 If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
8.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
8.3 The parties agree, in the circumstances referred to in condition 8.1 and if condition 8.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

9. FORCE MAJEURE

9.1 DCI shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of DCI or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

10. INDEMNITY

10.1 The Customer shall at all times keep DCI indemnified against all proceedings, costs, charges, claims and expenses and demands which may be brought against DCI or the servants or agents of DCI by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with the use of the Studio Premises, Equipment, Consumables or other Services supplied by DCI.

11. TERMINATION

11.1 DCI may immediately terminate the Contract with the Customer and the Customer and their servants and agents shall immediately leave the Studio Premises upon the happening or on DCI becoming aware of any of the following events:
(a) the Customer fails to pay any of the monies due to DCI or dishonours any cheque paid to th
em;(b) the Customer becomes insolvent, has a receiver or manager appointed, commits an act of bankruptcy or commences to be wound up
(c) the Customer or their servants or agents causes a breach of any of these Conditions
11.2 Any termination of the Contract shall be without prejudice to any rights accrued to DCI against the Customer prior to termination

12. STATUS OF PRE-CONTRACTUAL STATEMENTS

12.1 Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Conditions or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.

13. MEDIATION

13.1 If any dispute arises out of this agreement, the parties will attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.

14. GOVERNING LAW AND JURISDICTION

14.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
14.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.