Terms & Conditions of Trade
In these Conditions the following expressions shall have the following meanings:
“The Company” means Streamstay Limited and Streamstay Limited also where the context permits it assigns any sub-contractor for the said Company.
“The Client” means the person, firm or company with whom the Contract is made by the Company, whether directly or indirectly, through an agent or factor who is acting for or instructed by the Client or whose actions are ratified by such person, firm or company.
“Services” means the services to be provided by the Company to the Client under the terms of the Contract and “Service” shall be construed accordingly.
“Contract” means the contract between the Company and the Client under which the Services are to be supplied by the Company to the Client.
“Company’s Premises” means the premises mentioned in the Contract or if not so mentioned means the Company’s premises at: 1 Pond Lane, Bentfield Road, Stansted, Essex, England, CM24 8JG
“Invoice” means an invoice submitted by the Company to the Client in respect of Services which is not a “Supplementary Fee Invoice”.
“Supplementary Fee Invoice” means an invoice submitted by the Company to the Client in respect of additional Services requested by the Client in substitution of or in addition to the Services originally requested by the client and in respect of which an Invoice may have already been rendered.
“Working Day” means every day of the week excluding Saturday, Sunday and statutory holidays.
“Video” means edited audio-visual content produced by the Producer (but excludes ant unedited content).
2.1 These Conditions shall be deemed to be incorporated in all Contracts and in the case of any inconsistency with any order, letter or form of contract sent by the client to the Company or any other communication between the Client and Company whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a Director on behalf of the Company.
2.2 If in any particular case any of these Conditions shall be held to be invalid or shall not apply to the Contract the other Conditions shall continue in full force and effect.
2.3 These conditions are governed by English Law and English Courts shall have exclusive jurisdiction as regards any dispute.
2.4 Neither party may assign or sub-contract the whole or any part of the Contract to any person firm or company.
2.5 The Company warrants that it will use reasonable endeavours to ensure that all software introduced to the Clients machines will be free of computer viruses and has undergone virus checking procedures in line with current industry practice. Notwithstanding the foregoing the Company will not accept liability for any damage to any equipment of the Client and any third party that has been caused by a virus introduced as a result of software loaded by or via the Company.
- Obligation to Provide Services
3.1 Notwithstanding that the Company may have given a detailed quotation on request for the provision of Services no order for the supply of Services shall be binding on the Company unless and until it has been accepted in writing by the Company and where the Service in question relates to the provision of Services. A project will only commence when the Client has provided a valid purchase order and a signed agreement to the Company.
3.2 The Company’s brochures, leaflets or other correspondence including but not limited to particulars published on the Company’s World Wide Web site are not binding and reasonable variations may be made to the Services without notice, and the Services so varied shall be accepted as complying with the Contract.
3.3 The Company reserves the right to provide any Services at a venue or venues other than the Company’s Premises and to provide personnel of its own choice.
3.4 The Company reserves the right to cancel, curtail or re-schedule projects without notice to the Client and without liability to the Client other than an amount limited to a refund of 100% of any fees already paid by the Client in advance of the related project, or cancellation of the invoice, where credit arrangements have been established with the Company for the Client to pay post-project completion.
4.1 The price payable for the Services shall unless otherwise stated in the Agreement be the fee chargeable by the Company for such Services current at the date of the provision of the Services and in the case of the provision of Services over a period of time, the price payable shall, at the option of the Company, be either:
4.1.1 the fee current at the date of the provision of the Services in question unless otherwise expressly stated to be firm for a period: or
4.1.2 the fee current at the date of any invoice sent pursuant to Condition 7.3.
4.2 Unless otherwise expressly stated to be firm for a period the Company’s charge in respect of the Services are subject to amendment to take account of variations in wages, materials or other costs since the date of the Agreement. The Company accordingly reserves the right to adjust the sum payable by the Client for the Services by the amount of any increase in such costs after the sum due is quoted and the sum so adjusted shall be payable as if it were the fee stated as being payable in the Agreement.
4.3 All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
- Additional Costs & Intellectual Property Rights
5.1 The Client shall indemnify the Company against all costs claims and damages incurred or arising out of any alleged infringements of patents, trademarks, registered designs, design right or copyright occasioned by the provision of the Services where such Services are provided to the specification or special requirements of the Client.
5.2 All written information, drawings, diagrams, videos, software copies of same and audio tapes prepared by the Company in relation to the provision of the Services and the copyright therein shall remain the property of the Company and shall be returned by the Client on demand. The Company grants limited rights of usage to The Client. The Client is given permission to use the edits as set out in any video production agreement between the parties. The Company retains ownership of all edits and raw footage.
5.3 The Company reserve the right to use written information drawings, diagrams, videos, software copies of same and audio tapes prepared by the Company in relation to the provision of the Services for the Client any time within the Company’s brochures, leaflets or other correspondence including but not limited to particulars published on the Company’s website.
6.1 All such information shall be treated as confidential and shall not be copied or reproduced or disclosed to any third party without the prior written consent of the Company.
6.2 The Client shall ensure that its employees and all those under the Client’s control and supervision shall comply with the obligations of confidentiality contained at clause 6.1.
- Terms of Payment
7.1 Unless otherwise agreed by the Company in writing payment for the Services shall be due as follows:
7.1.1 10% of the balance to paid by the Client to the Company on confirmation of a Proposal and prior to the commencement of the provision of the Services.
7.1.2 The remaining balance of 90% of the total price to be paid within 30 days following the provision of Services to the Client.
7.2 If the Services are provided over a period of time the Company shall be entitled to invoice the Client at regular intervals during the period of time that the Services are being provided and payment shall be due within 7 days of the date of each such invoice notwithstanding that subsequent Services are not provided or any other default on the part of the Company.
7.3 Where under the terms of the Agreement monies due shall be payable by instalments, a default by the Client of the payment of any due instalment shall cause the whole of the balance of the sums due to become payable forthwith.
7.4 The sums due to the company under the Contract shall be due in full to the Company in accordance with the terms of the Agreement and the Client shall not be entitled to exercise any set-off, lien or any other similar right or claim.
7.5 The time of payment shall be of the essence of the Agreement.
7.6 Without prejudice to any other rights it may have, the Company is entitled to charge interest at 3% per month or part thereon on overdue payments such interest to run from the due date for payment until payment in full is received whether before or after judgement.
- Conditions and Warranties Relating to Services
8.1 Except as set out in clause 11.1 any Conditions or Warranties (whether express or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Services are hereby expressly negated.
8.2 The Company may help Clients to specify or choose Services, but the assessment and selection of the Client’s chosen Services for the Client’s purpose remains the Client’s ultimate responsibility. The Company undertakes only that in giving such assistance it has acted in good faith and has not been wilfully misleading.
- Consequential Loss
The Company shall not be liable for any costs claims or damages or expenses arising out of any tortious act or omission or any breach of Contract or statutory duty calculated by reference or loss of such profits, income, products or accruals or by reference to accrual of such costs claims damages or expenses on a time basis.
- Default or Insolvency of Client
The Company may terminate these conditions if any distress or execution shall be levied on the Client’s property or assets or if the Client shall make or offer to make any arrangement or composition with its creditors or commit any act of bankruptcy or any bankruptcy petition will be presented against him or if the Client is a company if any Resolution or Petition to wind up such company shall be passed or presented or if a receiver, administrative receiver or administrator of the whole or any part of such company’s undertaking, property or assets shall be appointed, the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly, or in part, every contract between the Company and the Client or may (without prejudice to the Company’s right subsequently to determine the Contract for the same clause should it so decide) by notice in writing suspend further deliveries of Services until any defaults by the Client are remedied.
- Limitation of Liability
11.1 Nothing in this agreement will limit the Company’s liability for death or personal injury or fraud.
11.2 Where the Contract relates to the provision of Services the liability of the Company to the Client for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price payable for the Services.
11.3 The Company shall not be liable for imperfect work caused by any inaccuracies on any drawing bills of quantities or specifications supplied by the Client.
No statement, description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way any of these Conditions of the Contract.
- Force Majeure
The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in the provision of Services.
14.1 Where the Contract relates to the provision of Services:
14.1.1 The Client agrees to pay the Company a sum equal to the following percentages of the sums due in respect of an invoice due to the Company, which will be levied by a Supplementary Fee Invoice, by way of agreed damages if the Client cancels the Services to be provided, less than 15 working days before project commencement.
Confirmed acceptance of Proposal and agreed commencement dates 3%
15-11 Working Days Before Project Commencement 6%
10-6 Working Days before Project Commencement 12%
5-3 Working Days Before Project Commencement 15%
72hrs or less Before Project Commencement 100%
14.2 Where a Client wishes to change the production dates of a project the Company will issue a Supplementary Fee Invoice, which will be an additional charge based on a percentage of the original invoice or another sum based upon the detail at 14.1.1 above.
This website is operated by Streamstay Limited (“we” or “us”).
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Any personal information collected from this website will be used by Streamstay only in accordance with the Data Protection Act 1998.
What information do we collect?
At times we may request that you voluntarily supply us with personal information. Generally, this information is requested when you want us to provide you with information.
We may gather the following information about you when you use this website:
Name, Email address, Telephone number.
Information provided by you in relation to submitting a job application to us (this may include sensitive personal information e.g. ethnic origin)
How do we use it?
We will use your personal information in the following ways. We are also required by law to state a “legal basis for processing”, i.e. to tell you on what grounds we are allowed to use your information, and this is also set out below:
How we will use your personal information
Our legal basis for processing
to provide you with information that you have requested e.g. a quotation, newsletter;
Consent – we only use your personal information for this purpose if you have asked us to do so. You can withdraw your consent at any time.
to respond to specific queries you may raise regarding Streamstay.
Consent – we only use your personal information for this purpose if you have asked us to do so. You can withdraw your consent at any time.
to provide you with better ways of accessing information from this website
Our legitimate interests – we use your personal information to help us to deliver the best online experience to you and other website users and respond to your requests.
to process and consider your job application;
Our legitimate interests – we use your personal information to assess your job application, and to keep you updated throughout the application process.
For how we use your information that is collected using cookies and similar technologies please see the “Cookies” page here.
How do we use your information for marketing?
We will only provide information to you that you have asked for via the website.
Where do we send your information?
When you submit information on our website it is sent to one or more Streamstay representatives. We take adequate levels of protection to ensure your information is protected.
How long do we keep your information?
We will keep your information for a period of up to 2 years.
What are cookies?
We may use information obtained from cookies or similar technology. Cookies are text files containing small amounts of information which we download onto your computer or device when you visit our website. Therefore, when we refer to “you” in this section we mean your computer. We can recognise these cookies on subsequent visits and they allow us to remember you.
Cookies come in many forms. We have set out below the main types and categories of cookies that are used. This section refers to all types and categories of cookies and not just those we use on our website.
First and third-party cookies – whether a cookie is first-party or third-party refers to the domain placing the cookie. First-party cookies are those set by a website that is being visited by the user, the website displayed in the URL window e.g. www.streamstay.com. Third-Party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website this would be a third-party cookie.
Persistent cookies – these cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
Session cookie – these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.
- Strictly necessary cookies – These cookies enable services you have specifically asked for.
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website (e.g. client areas). Without these cookies certain services you have asked for cannot be provided.
- Performance cookies – These cookies collect information on the pages visited.
These cookies collect information about how users use a website, for instance which pages users go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. They are only used to improve how the website works.
- Functionality cookies – These cookies remember choices you make to improve your experience.
These cookies allow the website to remember choices you make and provide enhanced, more personal features. They may also be used to help provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity to other websites.
- Targeting cookies or advertising cookies – these cookies collect information about your browsing habits in order to make advertising relevant to you and your interests.
These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organisation such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
If you want to delete any cookies that may already be on your computer or device, please refer to the instructions for your file management software to locate the file or directory that stores 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. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website.
Third Party Websites
How do we protect your information?
We take appropriate measures to ensure that your personal information disclosed to us is kept secure, accurate and up to date and kept only for so long as is necessary for the purposes for which it is used.
Children / Under 18
This web site is not intended or designed to attract children. We do not knowingly collect personal information from or about any person under 18. If you are under 18 years old and wish to ask a question or use this site in any way which requires you to submit your personal information, please get your parent or guardian to do so on your behalf.
Modern Slavery Act
“Streamstay Limited” does not tolerate any form of modern slavery or human trafficking in any part of our business.
You are entitled to ask:
- for a copy of the personal information we hold about you, and details about how we are processing your personal information;
- to have any inaccuracies in your personal information corrected;
- if we are processing your personal information by automated means and on the basis of your consent (see “How do we use it?”, above), for us to provide your personal information to you in a structured, commonly used and machine-readable format. You can also ask us to provide your personal information directly to a third party in this format, and, if technically feasible, we will do so; and
- to have your personal information erased, or for our use of it to be restricted (for example, if your preferences change, or if you don’t want us to send you the information you have requested).
Please contact us using the details set out below if you would like to exercise any of these rights.
You also have the right to make a complaint to the supervisory authority if you’re not happy with how we’ve handled your personal information. In the UK, the supervisory authority is the Information Commissioner’s Office (http://www.ico.org.uk).
How to contact us
If you wish to exercise any of your rights in relation to your personal information or if you have any queries about how we use your personal information, please let us know by contacting using our contact page on our website http://streamstay.com/contact-us/
Data Protection Officer
The Data Protection Officer is the Director of Streamstay. You can contact them using our contact page on our website