TERM & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
COMPANY ADDRESS & DETAILS
AFD Multimedia Limited trading as zimgear.com
Postal Address: 28 Belgravia Gardens, Bromley, Kent, BR1 4TB
Telephone: 020 8432 3201
Company Registration Number: 5055697
These terms and conditions relate to AFD Multimedia Limited and trading styles, domains and aliases of AFD Multimedia Limited including
Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights here under shall not be construed as a waiver of such provision or right thereafter to enforce the same.
This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
AFD Multimedia Limited terms and conditions are in addition to any terms and conditions that apply to services provided by third parties. Placing an order online, verbal, written or by any other method indicates that you (the customer) have read and agree to these terms and conditions.
AFD Multimedia Limited reserves the right refuse to provide quotations or accept orders from Customers if AFD Multimedia Limited does not wish to provide the service to the customer, without the need for explanation.
The term “Confidential Information” relates to any information, which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary. Our confidentiality terms relate to all information, whether provided in writing or orally, and disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), or to any employee or subcontractor of the Receiving Party (the “Recipient”), whether before or after the date of the Agreement, including, without limitation, any information relating to the Disclosing Party’s Clients, products, operations, processes, plans or intentions, product information, know how, design rights, trade secrets, market opportunity and business affairs.
Each of the parties agrees not to:
Disclose any Confidential Information received from the other party; or
Make any use of any such Confidential Information or disclose the Confidential Information to any other person. No originals or copies of information relating to the work carried out for services related to this agreement are to be passed, given or communicated in any form to a third party and information will not be used for any purpose other than the performance of obligations under this Agreement, unless authorised in writing by the Disclosing Party.
Each party may disclose Confidential Information received from the other to its responsible employees, consultants, subcontractors or suppliers who need to receive the information in the course of performance of this Agreement.
The confidentiality obligations shall not apply to any information which:
is or subsequently becomes available to the general public other than through a breach by the receiving party; or
is already known to the receiving party before disclosure by the disclosing party;
is developed through the independent efforts of the receiving party; or
The receiving party rightfully receives from a third party without restriction as to use.
PAYMENT AND GENERAL SERVICES
In consideration for the payment of the Fees calculated correctly in accordance with the Price List at the time of the completion of an Order Form by the Customer, AFD Multimedia Limited agrees to provide the Services.
The Customer agrees to make payment for the Services as follows:
Pay any deposit requested at the time of placing the order before work commences.
By debit or credit card at the time of placing the order if the Customer completes an Order Form on-line or if the Order Form is submitted by post, fax or email. Credit card payments will be accepted via the telephone. AFD Multimedia Limited reserves the right to charge a 4% fee for all Credit Card transactions.
By payment of invoice within 30 days of the invoice date if the Order Form is submitted and payment by invoice has been agreed prior to order.
If the Customer fails to pay any invoice which is due and payable under this Agreement, AFD Multimedia Limited shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest from the date of such failure until payment (both before and after judgment) at an annual rate of 4% above the base rate of Barclays Bank Plc. for the time being in force. If AFD Multimedia Limited does not receive payment in full within 60 days of the date of the invoice, it may terminate this Agreement as regards any Service requested by the Customer without further obligation to the Customer.
Pay VAT on all services unless the items purchased are zero rated or you have an exemption certificate.
Non-delivery or non-performance of services by any party other than AFD Multimedia Limited shall not give the Customer any right to delay any payment to AFD Multimedia Limited or to make any claim whatsoever against AFD Multimedia Limited.
All prices quoted or estimates given may be subject to change and will only be valid for 30 days after being given to the Customer.
AFD Multimedia Limited retains all Intellectual Property Copyrights until full payment is received from the Customer.
The rights and obligations of the Customer under this Agreement are personal to the Customer and the Customer undertakes that it shall not nor purport to: assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
AFD Multimedia Limited agrees to:
Carry out all aspects of Services with reasonable skill and care and to generally accepted industry standard.
Rectify and notify of any errors made to invoices, receipts and excessive payments received from Customers within a reasonable period of time.
Keep price lists up to date with the latest charges services and products provided by AFD Multimedia Limited. Price lists, service and product information is subject to change at any time without prior notice.
All data and technical information relating to Services are given by AFD Multimedia Limited in the belief that they are reasonably accurate. The Company accepts no responsibility whatsoever for any such information which has been prepared by a third party.
AFD Multimedia Limited reserves the right to subcontract any of the work required to fulfil its obligations here under.
Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance here under (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supranational authority.
AFD Multimedia Limited will make reasonable endeavours to ensure that the services are provided as described in AFD Multimedia Limited associated web sites and marketing media but because most of the Services are provided by means of computer, telecommunication systems and third partiesAFD Multimedia Limited makes no warranties or representations that any Service or product will be uninterrupted or error-free.
CUSTOMER AUTHORISATION AND OBLIGATIONS
The Customer hereby appoints AFD Multimedia Limited to act on its behalf in conjunction with the provision of the Services.
The Customer acknowledges and accepts that to enable AFD Multimedia Limited properly to provide the Services it must cooperate with AFD Multimedia Limited as required by AFD Multimedia Limited and, without limitation in particular:
the Customer must provide AFD Multimedia Limited with accurate details of its e-mail and physical addresses and promptly notify AFD Multimedia Limited in writing of any alterations thereto from time to time;
OUR RIGHT TO REFUSE AN ORDER
We reserve the right, for whatever reason, to refuse any order, or to cancel any purchase.
Some of the situations in which we may do so are:
The product is not available / in stock
Your billing information is not correct or not verifiable
Your payment is not received within 12 calendar days after confirmation of your order
We have reason to believe that your order may be fraudulent
We have reason to believe you are under 16
We have reason to believe that you are a reseller
There was an error in the price quote
We could not deliver to the address provided by you
If you have amde any payments, these will be refunded to you.
LIMITATION OF LIABILITY
Nothing under these terms limits AFD Multimedia Limited liability for any fraudulent statement or for personal injury or death caused by AFD Multimedia Limited negligence. However, the customer acknowledges and takes notice that the services are not appropriate for use in circumstances where personal injury or death could arise from reliance on the services whether or not AFD Multimedia Limited is negligent and that it should satisfy itself as to the veracity of any statements made by AFD Multimedia Limited or on AFD Multimedia Limited behalf.
The entire liability of AFD Multimedia Limited, and the customer’s sole and exclusive remedy, arising in respect of any tort, breach of duty (statutory or otherwise) or breach of this agreement by AFD Multimedia Limited (and whether or not by AFD Multimedia Limited negligence) is limited to the fee paid for the service or services in respect of which the alleged tort or breach has arisen in the period of 12 months preceding the event giving rise to the liability.
In no event will AFD Multimedia Limited be liable to the customer for any indirect or consequential loss or damage whatever (without limitation for example loss of business, loss of opportunity, loss of profits). Even if AFD Multimedia Limited has been advised of the possibility of such loss or damage such advice shall not constitute the loss or damage if it arises as direct loss or damage.
.Any liability of AFD Multimedia Limited whatever arising under these terms or otherwise in respect of the service or any product shall be deemed to end 12 months after the date on which the customer ought reasonably to have known of the event giving rise to the liability. For the avoidance of doubt, the customer acknowledges and agrees that no claims or actions by the customer can be validly made after the expiry of 12 months following such date.
The Customer hereby agrees fully to indemnify, keep indemnified and hold harmless AFD Multimedia Limited, its officers, employees, agents, subcontractors and Reseller individuals and companies from and against any and all costs, claims, losses, damages or liability (whether civil or criminal) and expenses (including, but not limited to, legal fees) sustained or incurred by AFD Multimedia Limited or its any of its officers, employees, agents, subcontractors or Reseller individuals and companies directly or indirectly and in any jurisdiction as a result of:
the provision by AFD Multimedia Limited to the Customer of any Service here under; or
any breach by the Customer of any of its warranties contained in this Agreement; or
any content material or required mode of operation supplied or specified by the Customer for any Service; or
any breach by the Customer of any of its obligations in this Agreement.