Terms & Conditions
The following terms and conditions apply to the agreement between Encore Performers Performers (a trading name of Dreamscape Design Limited ("hereafter referred to as Encore Performers Performers") and the individual or company applying for the provision of services by Encore Performers Performers ("the Customer").
IT IS HEREBY AGREED as follows:
1. DEFINITIONS
Below is a summary of the definitions of the following words used in this agreement:
"Confidential Information" - information which is treated as confidential by either Encore Performers or the Customer.
"Fees" - the fees (including any VAT) due for the provision of the Encore Performers Services as specified in the Encore Performers Price List other agreed fee.
"Material" - text, images, audio file or video file.
"Price List" - a list of Encore Performers’s current standard prices for each of the Services available.
"Services" - the services provided by Encore Performers to the Customer.
2. PAYMENT AND SERVICES
2.1. Encore Performers agrees to provide the services for the payment of the agreed Fees.
2.2. The Customer agrees to make payment for the Services using the online signup form and checkout procedure.
2.5 The Services will not be provided until payment of the agreed Fees are received in full.
3. CUSTOMER AUTHORISATION AND OBLIGATIONS
3.1. The Customer acknowledges and accepts that to enable Encore Performers to provide the Services it must co-operate with Encore Performers as required by Encore Performers and, without limitation in particular:
3.1.1. the Customer must provide Encore Performers with accurate details of its contact details, physical addresses and domain name and promptly notify Encore Performers of any alterations thereto from time to time;
3.1.2. keep the username and password provided by Encore Performers secure so that such username and password are only used by the Customer or people authorised by the Customer;
4. ENCORE PERFORMERS WARRANTIES AND LIMITATION OF LIABILITY
4.1. You acknowledge and agree that we are unable to control the content of the information sent via the Encore Performers network and/or the Service. We hereby exclude all liability of any kind for the transmission or reception of material of whatever nature.
4.2. Encore Performers shall not be liable to the Customer for loss of profits, goodwill or any type of special, indirect, incidental or consequential loss (including but not limited to loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Encore Performers had been advised of the possibility of the Customer incurring such loss; and
4.2.1. Encore Performers shall have no liability in respect of any product or services to be supplied by the Customer or any third party.
4.2.2. Save as expressly provided herein, all other terms and conditions, warranties or representations whether expressed or implied (by statute or otherwise) relating to the Solution and the supply of the Solution or imposing liability on Encore Performers is hereby excluded.
5. TERMINATION
5.1. Encore Performers may terminate the Agreement between Encore Performers and the Customer by notifying the customer in writing with immediate effect if:
5.1.1. the Customer is in breach of any of its obligations under this Agreement;
5.1.2. a petition for bankruptcy is presented against the Customer; or
5.1.3 the Customer provides Encore Performers with inaccurate or misleading information for the purpose of purchasing Services.
5.2 In the event that any of the circumstances identified in clause 5.1 arises, Encore Performers shall have the option of terminating the Agreement between Encore Performers and the Customer.
6. CONFIDENTIALITY
Encore Performers acknowledges that this Agreement creates a confidential relationship between Encore Performers and the Customer and that information concerning the Customer's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning the Customer is hereinafter collectively referred to as "Confidential Information."
6.1. Encore Performers agrees to take reasonable steps to ensure that its staff and subcontractors are bound by the provisions of this clause.
6.2. This Clause shall not apply to information that is or becomes public knowledge otherwise than through the default of the party concerned, or is already in the receiving party's possession, or is legally acquired by such party from a third party, or is required by law to be disclosed.
6.3. Encore Performers are fully compliant with the data protection act.
6.4. Encore Performers may seek, and the Customer shall not unreasonably withhold, permission to publicise Encore Performers’s involvement directly by its trademark symbol affixed to the website or through press and other media.
7. DATA PROTECTION
7.1 By signing up to Encore Performers’s Services you agree that we may add you and your details into the Encore Performers Directory of Performers.
8. DOMAIN NAMES AND WEB SITE HOSTING
The following terms and conditions apply to all domain name and website hosting services offered by Encore Performers. By ordering any of these services from Encore Performers you are agreeing to the following terms and conditions:
8.1. Customers are prohibited from transmitting on or through any of Encore Performers's services, any material that is, in Encore Performers's sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation. The following are examples of activities that are not permitted - illegal files, pornography, adult services, escort services, private files, MP3 files, slander / libel, promotion of violence or terrorism, racial / social / political discrimination.
8.2. Encore Performers's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Encore Performers reserves the right to remove such illegal material from its servers.
8.3. Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
8.4. Customers must safeguard their username and password to prevent unauthorised access to the server.
8.5. We do not guarantee that backups will be made of data stored on our servers. It is the responsibility of the website owner to ensure that important data is backed up at regular intervals.
8.6. Harassment via email, whether through language, frequency, or size of messages, is prohibited.
8.7. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
8.8. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
8.9. Dreamscape Design reserves the right to change, or amend these terms and conditions at any time, without prior notice. We will however inform any clients who may be affected by these changes.
8.10. Dreamscape Design reserves the right to move your data to a different server with no previous notice.