TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
Note: You must be above the age of 13 to request or purchase the services of Tennis Film.
In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases Services from the "Supplier";
1.2 "Supplier" means Tennis Film, of tennisfilm.com
1.3 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 PRICE AND PAYMENT
3.1 Payment of the price shall usually be paid on selection of individual products and by contract or Service Level Agreement terms as applicable. Payment can be made by credit/debit card on-line.
3.2 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.
4 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall: 4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Comply with such other requirements as agreed between the parties.
4.4 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.
5 SUPPLIER'S OBLIGATIONS 5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects at the point of dispatch.
5.3 Delivery of the analysis material will be within 10 working days of receipt of the application and payment unless otherwise agreed by contract/Service Level Agreement.
5.4 Data protection: All analysis including, video and statistics, will be destroyed after Customer receipt and not given or shown to individuals other than the Supplier. This is to preserve confidentiality and Customer privacy.
6 LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
6.3 The Supplier cannot accept liability for items lost in the post en route to the Customer.
Returns/refunds policy: Where a Customer cancels their order before receiving the analysis material, the Supplier shall offer the Customer a 50% refund. Where a Customer fails to complete the recquired survey or uploading for reasons unrelated to the Supplier; there is a 100% refund. Both parties must return or destroy information received from the other if asked to do so.
8 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 Tennis Film’s PROPERTY The contents of the Tennis Film website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of Tennis Film.
Format and layout of the analysis is the property of Tennis Film.
All Tennis Film logos are copyright of Clay Reuter, 2015.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforcable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforcable provision eliminated.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of the United States of America and the parties hereby submit to the exclusive jurisdiction of the American courts.