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TERMS AND CONDITIONS

1. Your Acceptance

PLEASE READ THIS DOCUMENT CAREFULLY. By using and/or visiting this website (collectively, including all Content available through the sofraichemedia.com domain name, the “So Fraiche Media Website”, or “Website”), You agree to be bound by both these Terms And Conditions (the “Terms of Service”) as well as the So Fraiche Media Privacy Policy, Which is available at,www.sofraichemedia.com/terms-and-conditions, and which is incoprorated herein by reference. If you do not agree to any of these terms, then please do not use the So Fraiche Media Website and exit this site immediately.

2. So Fraiche Media Website

These Terms of Service apply to all users of the So Fraiche Media Website, including users who are also contributors of video content, information, and other materials or services on the Website. As a part of our service, the So Fraiche Media Website may contain links to third party websites that are not owned or controlled by So Fraiche Media. So Fraiche Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, So Fraiche Media will not and cannot censor or edit the content of any third-party site. So Fraiche Media’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. By using the Website, you expressly relieve So Fraiche Media from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the So Fraiche Media Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

So Fraiche Media hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, non commercial use; (ii) you will not copy or distribute any part of the Website in any medium without So Fraiche Media’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service and will not use the Website in violation of the law or these terms of service.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the So Fraiche Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, So Fraiche Media grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. So Fraiche Media reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

4. Right to Refuse Services:

So Fraiche Media reserves the right to refuse anyone from making a purchase from So Fraiche Media. So Fraiche Media will provide a reason as to why the service might be refused, such as if there is a concern regarding breach of copyright of materials or inappropriate content. Further explanation of copyright breaches can be referred to in the Terms and Conditions available on the website.

5. Custom Video Production & Delivery Policy

So Fraiche Media must receive full payment for the Custom video service prior to the commencement of the production of the video production service. Once payment has been received, the customer will be sent an electronic confirmation and will be contacted by telephone within 2 working days to confirm a date and time for the video shoot. Once the video has been shot, So Fraiche Media will provide a first edit for review within 14 working days, unless otherwise communicated. Once approved by the client, the final edit of the custom video file is converted to .MOV or MP4 format and made available to the customer for online download within 7 working days from the date of approval, unless otherwise communicated by So Fraiche Media. Once the customer downloads the video file, our records are updated and a record of purchase is kept in case the customer wishes to request the video file at a later date. Once requested by the customer, So Fraiche media will verify the request and either send a new URL link making the video file available for online download or reject the request providing a reason why. Please see our previous paragraph on “Right To Refuse Services” for further explanation. At any stage, if a customer is experiencing problems in downloading the video file, they can contact So Fraiche Media support via our contact details info@sofraiche.com

6. Premium Video Production & Delivery Policy

So Fraiche Media must receive an upfront deposit payment equivalent to at least 60% of the quoted price for the Premium video service prior to the commencement of the video production service. Once the deposit payment has been received, the customer will be sent an electronic confirmation and will be contacted by telephone within 2 working days to confirm a date and time for their face-to-face consultation with So Fraiche Media. Once the video has been shot, So Fraiche Media will provide a first edit for review within 14 working days, unless otherwise communicated Once approved by the client, the final edit of the Premium video file is converted to .MOV or MP4 format and made available to the customer for online download within 7 working days from the date of approval, unless otherwise communicated by So Fraiche Media. The customer will also receive a full HD version of their final edited video either by online download and a full resolution DVD copy posted to the customers registered office address, unless otherwise communicated by So Fraiche Media. Once the customer downloads the video files, our records are updated and a record of purchase is kept in case the customer wishes to request the video file at a later date. Once requested, So Fraiche Media will verify the request and either send a new URL link making the video file available for online download or reject the request providing a reason why. Please see our previous paragraph on “Right to refuse services” for further explanation. At any stage, if a customer is experiencing problems in downloading the video file, they can contact So Fraiche Media support via our contact details info@sofraiche.com

7. Payment Terms

Payment for our video production services can be made via Mastercard, Bankcard or Visa. We do not accept methods of payment that are not online transactions such as personal cheques, postal money orders or cash unless stated during our first consultation.

8. Cancellation & Refund Policy

So Fraiche Media must receive a minimum of 24 hours notice either by email to info@sofraiche.com or by phone on the number listed on our website. Requested reschedule or cancellation of a custom video shoot within 24 hours of the scheduled appointment will result in an administration fee of £90.00 payable by the customer to So Fraiche Media. A reschedule fee is payable upon receipt and must be paid by the customer to So Fraiche Media before the date of agreed reschedule.

So Fraiche Media DO NOT issue refunds after the video has been approved by the customer and delivered to the end user, who is responsible for understanding the terms and conditions upon purchasing from So Fraiche Media. However if a customer finds a technical or grammatical error in their video, they can contact us at Cyril@sofraiche.com and we will rectify any errors and provide the corrected video file to the customer within 5 days. The notification of error in relation to a So Fraiche Media video needs to be made by the customer within 1 weeks of receipt of the video file. Any further queries can be submitted and will be answered at So Fraiche Media’s discretion. All So Fraiche Media videos are shot, edited and are delivered with published guidelines. So Fraiche Media reserves the right to post any video related query on to the So Fraiche Media blogs and partnering sites so as to provide useful information for all future customers and users.

If you have any questions about this information, please feel free to contact info@sofraiche.com

9. Intellectual Property Rights

The content on the So Fraiche Media Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to So Fraiche Media, subject to copyright and other intellectual property rights under UK law. So Fraiche Media reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the So Fraiche Media Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the So Fraiche Media Website or the Content therein.

10. User Content

By placing material on or communicating with So Fraiche Media, user hereby grants to So Fraiche Media a royalty-free, perpetual, irrevocable, sub-licensable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. User also agrees to indemnify, defend and hold harmless So Fraiche Media from and against any claims or costs, including attorneys’ fees, arising from the use or distribution of those materials. User further grants So Fraiche Media the right to use your name in connection with the reproduction or distribution of any such material. While So Fraiche Media is not under any obligation to monitor content provided by Users, So Fraiche Media may, in its sole determination, remove any content that it deems objectionable or offensive or unlawful.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USEOF THE SO FRAICHE MEDIA WEBSITE SHALL BE AT YOUR SOLE RISK. SO FRAICHE MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SO FRAICHE MEDIA WEBSITE. SO FRAICHE MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SO FRAICHE MEDIA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SO FRAICHE MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, SO FRAICHE MEDIA , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. Limitation of Liability

IN NO EVENT SHALL SO FRAICHE MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SO FRAICHE MEDIA SO FRAICHE MEDIA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT SO FRAICHE MEDIA SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by So Fraiche Media from its facilities in the United Kingdom. So Fraiche Media makes no representations that the So Fraiche Media Website is appropriate or available for use in other locations. Those who access or use the So Fraiche Media Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.

13. Indemnity

As a condition of use of the So Fraiche Media Website, you agree to defend, indemnify and hold harmless So Fraiche Media, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the So Fraiche Media Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the So Fraiche Media Website.

14. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

15. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by So Fraiche Media without restriction.

16 Service Changes

So Fraiche Media reserves the right with or without notice to the user at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. So Fraiche Media shall have no liability to any user or any third party should So Fraiche Media modify or discontinue service.

17. General

You agree that: (i) the So Fraiche Media Website shall be deemed solely based in the United Kingdom; and (ii) the So Fraiche Media Website shall be deemed a passive website that does not give rise to personal jurisdiction over So Fraiche Media, either specific or general, in jurisdictions other than the United Kingdom. These Terms of Service shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and So Fraiche Media that arises in whole or in part from the So Fraiche Media Website shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom. These Terms of Service, together with the Privacy Policy at [privacy policy URL] and any other legal notices published by So Fraiche Media on the Website, shall constitute the entire agreement between you and So Fraiche Media concerning the So Fraiche Media Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and So Fraiche Media’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. So Fraiche Media reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the So Fraiche Media Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SO FRAICHE MEDIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SO FRAICHE MEDIA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

 

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