1.    Welcome to Cappello Nero Film Productions

These terms and conditions outline the rules and regulations for the use of Cappello Nero Film Production's Website. 

1.1 Cappello Nero Film Productions is located at:

51 Penybryn Avenue Whittington, Oswestry SY114DW - Shropshire, United Kingdom       

1.2    By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Cappello Nero Film Production's website if you do not accept all of the terms and conditions stated on this page.

 

2.    Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

3.    Cookies

We employ the use of cookies. By using Cappello Nero Film Production’s website you consent to the use of cookies in accordance with Cappello Nero Film Production’s privacy policy. Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies. License Unless otherwise stated, Cappello Nero Film Productions and/or it’s licensors own the intellectual property rights for all material on Cappello Nero Film Productions. All intellectual property rights are reserved. You may view and/or print pages from https://www.cappellonero.co.uk for your own personal use subject to restrictions set in these terms and conditions.

By accepting the services of Cappello Nero through verbal, electronic or phone communication you are giving implied consent to the below terms with immediate effect.

1. Payment for services from Cappello Nero Film Productions

1.1 You shall pay 20% Fees up front as a deposit (which will be non-refundable) of the agreed quote for the job required before starting any work; and the Fees shall be deemed received only when received by us in full cleared funds. The remaining 80% shall be paid upon completion of the job. We would request the 80% payment to Cappello before sending out DVD's and/or Digital Downloads. Which must be paid within 20 working days.

1.2 When you place an Order:

1.2.1 you shall pay the 20% quote Fee in full at the time of ordering by supplying us with your payment card details from a payment card company acceptable to us, which we require in order to process your Order (or you shall pay by such other payment method as we may expressly agree with you); and

1.2.2 you undertake that all details you provide to us for the purpose of purchasing the Service will be correct, that the payment card or account which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your payment card details before providing you with the Service.

1.3 We may issue an invoice to you for the Fee.

1.4 Except where we require payment in advance of using the Service (in which case our provision of the Service is conditional on you having paid in full), you shall pay us for all sums due under an invoice within 20 working days after the date of such invoice. Work will not start until the first 50% of the agreed quote has been paid.

1.5 Our provision of access to the Service is conditional on us first receiving the first 50% Fee of the agreed quote price and any other sums due under the Contract prior to the Commencement Date in cleared funds in full from you.

1.6 This Clause 1.6 only applies if you are a consumer. If you are a consumer, you have a right to cancel the Contract by letting us know within 14 days after the Contract is formed (being when we despatch our Order Acceptance to you). The easiest way to do this is by email at info@cappellonero.co.uk or contacting us on 01691 659 327 or you can write to us at 51 Penybryn Avenue, Whittington, Oswestry, Shropshire, SY11 4DW. Alternatively, you may use the model cancellation form set out in the Schedule to these Terms and Conditions. If you exercise that right, we will fully reimburse you for the Fee you paid in advance for the Service under the Contract. However, you lose that right to cancel and to be reimbursed if you expressly decide to start using the Service before expiry of that 14 day period. Therefore, only start using the Service before expiry of the 14 day cancellation period if you are happy to lose that cancellation right.

1.7 If you are overdue with any payment due under a Contract (including the Fees) then, without prejudice to any other right or remedy available to us:

1.7.1 we may charge you interest on the overdue amount at the rate specified by virtue of the Late Payment of Commercial Debts (Interest) Act 1998, which interest shall be payable by you forthwith on demand, from the due date up to the date of actual payment, after as well as before judgment. Such interest shall accrue on a daily basis and be compounded quarterly; and

1.7.2 we reserve the right to refuse access to the Service or suspend any Service under any Contract until all payments are up-to-date.

1.8 Unless stated otherwise by us, all sums payable by you under a Contract are exclusive of any Value Added Tax, if applicable, which shall be added thereto and which shall be due and payable by you to us at the same time as the relevant sum is due or payable.

1.9 All Fees shall be payable by you by any payment method reasonably stipulated by us.

1.10 All Fees shall be payable in the currency of England (pound sterling), from time to time.

1.11 Time for payment shall be of the essence.

 

2. INTELLECTUAL PROPERTY RIGHTS

2.1 All Intellectual Property Rights in the Website and Service, information and content and material on or accessible from the Website or pursuant to the Service (including all videos), any data collected by us and database operated by us and all the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) and Website methodologies and Service content shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such Intellectual Property Rights. All rights not expressly granted by us are reserved.

2.2 None of the material described in Clause 5.1 may be reproduced or redistributed without our prior written permission. You and any lawful permitted User may, however, retrieve and display the content of the Website on a computer screen or print one copy of such content for your or their own personal, non-commercial use, provided you and they keep intact all and any copyright and proprietary notices in any electronic or hard copy of the material or the Website or Service. You shall not, and you shall procure that all Users shall not, otherwise reproduce, adapt, modify, copy, distribute, publish, rent, lease, loan, translate, create derivative works or use for commercial purposes any of the materials or content on the Website or Service without our express prior written permission.

2.3 No part of the Website or the material described in Clause 5.1 may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission or as provided by law.

2.4 If you, having been properly authorised, quote from the Website, you must do so fairly and give due accreditation to the author and us and reference to the Website.

2.5 Except to the extent that we expressly permit, you shall not, and you shall procure that your Users shall not, modify any material described in Clause 5.1.

2.6 As between you and us, all rights (including goodwill) in the Cappello Nero Brand are owned by us (or our licensors). Other product and company names mentioned on the Website and the Service are the trade marks or registered trade marks of their respective owners.

2.7 All filmed productions (animations, video and/or images) are property of Cappello Nero and reserve the right to use and show these productions on the Cappello Nero website www.cappellonero.co.uk solely as promotional use, which can include mailshots, the Cappello Website and/or Social Media Platforms.

 

3.You must not:

               

3.1 Republish material from https://www.cappellonero.co.uk

3.2 Sell, rent or sub-license material from https://www.cappellonero.co.uk

3.3 Reproduce, duplicate or copy material from https://www.cappellonero.co.uk

3.4 Redistribute content from Cappello Nero Film Productions (unless content is specifically made for redistribution).

4. Hyperlinking to our Content

4.1The following organisations may link to our Web site without prior written approval:

(i) Government agencies;

(ii) Search engines;

(iii) News organisations;

(iv) Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

(v) System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

4.2 These organisations may link to our home page, to publications or to other Web site information so long as the link:

(i) is not in any way misleading;

(ii) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and

(iii) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organisations:

4.3 commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.

4.4 We will approve link requests from these organizations if we determine that:

(i) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);

(ii)the organisation does not have an unsatisfactory record with us;

(iii) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and

(iv) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

4.5 These organisations may link to our home page, to publications or to other Web site information so long as the link:

(i) is not in any way misleading;

(ii) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and

(iii) fits within the context of the linking party's site.

If you are among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@cappellonero.co.uk.

4.6 Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

4.7 Approved organisations may hyperlink to our Web site as follows:

(i) By use of our corporate name; or

(ii) By use of the uniform resource locator (Web address) being linked to; or

(iii) By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

4.8 No use of Cappello Nero Film Production’s logo or other artwork will be allowed for linking absent a trademark license agreement.

5. Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

6. Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

7. Removal of links from our website

7.1 If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

7.2 Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

7. Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

8. Disclaimer

8.1 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

8.2 Nothing in this disclaimer will:

(i) limit or exclude our or your liability for death or personal injury resulting from negligence;

(ii) limit or exclude our or your liability for fraud or fraudulent misrepresentation;

8.3 limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

               

8.4 The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

(i) are subject to the preceding paragraph; and

(ii) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

8.5 To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature