Terms Of Service
Small Biz Digital Media - Copyright 2020 - All Rights Reserved
1. GENERAL TERMS
The terms ‘this website’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without this website’s prior written consent.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms at any time.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The Small Biz Digital Media office is open Monday to Friday 9a.m. to 5p.m. GMT.
We close for all government observed holidays.
This policies and procedures applies to all Small Biz Digital Media products and services sold on this site or any other site owned by Small Biz Digital Media that includes a link to this page.
You must review these Terms at https://www.smallbizdigitalmedia.com/terms/ on a regular basis to keep yourself informed of any changes.
2. PRODUCTS AND SERVICES
IMPORTANT We request a non-refundable upfront retainer fee for our studio or location-based filmed videos (typically 50% of total project costs) to secure our availability to deliver the service.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
100% money back guarantee covers price of product only. 100% money back guarantee does not cover shipping and handling fee due to the fact that the customer made the decision to try product, therefore the customer accepts to pay the fee to ship the product.
Once a return is received or valid refund request submitted, the refund process will take no more than 30 days. All refunds will be either returned to the original credit card or mailed in check form to the billing name and address. International orders will be refunded back to the original credit card, and PayPal orders will be credited back to the PayPal account.
You have thirty (30) Days from the date of the original purchase to return the product to receive your refund. Any return received after the thirty (30) day time limit will not be processed.
Shipping of the product from Small Biz Digital Media to your door will not be refunded. Shipping of the product to the Small Biz Digital Media Refund Department will not be compensated.
To ensure that your product is not lost or damaged, we strongly recommend sending the product certified mail with a tracking number. If we do not receive the product back and the customer does not have proof that the product was returned we cannot issue a refund.
Valid proof of returning a product includes: delivery confirmation or signature required via the postal service. If the customer has delivery confirmation or signature required, then a full refund will be issued.
Due to loss or missing or slow mail, we will honour any package that is postmarked for up to one year after the purchase of the product.
Any Small Biz Digital Media monthly subscription service, which may start with a free or discounted trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the Small Biz Digital Media service. We will bill the monthly subscription fee to the payment method used when signing up unless updated or changed by subscriber. You must email email@example.com to cancel your subscription before it renews each month in order to avoid automatic billing of the next month’s subscription fees to your payment method.
For Small Biz Digital Media yearly subscription services, you have thirty (30) days from the date of the original purchase to request a full refund. Any refund requests after 30 days will be prorated by the amount of time remaining under the original yearly subscription period. Example: If you purchased a yearly subscription in January of this year and you decided you wanted a refund 6 months from the purchase date, you're prorated refund would be 50% of the purchase price. Small Biz Digital Media yearly service subscribers will be notified via email prior to renewal with the option to renew at the original yearly price.
Excessive returns will not be accepted. Refunds will not be given to any one customer for one specific product more than twice. There is an unlimited amount of orders that a customer can place for one specific product, but the money back guarantee is void after a customer has used it for one specific product more than twice.
3. BILLING AND ACCOUNTS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide accurate and complete purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed. You agree that Small Biz Digital Media may store and use the information you provide for use in maintaining and billing fees to your Account.
4. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
5. THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
6. INTELLECTUAL PROPERTY
You agree that the Small Biz Digital Media, including but not limited to Small Biz Digital Media Products and services, graphics, user interface, audio clips, video clips, editorial content, templates and the scripts and software used to implement Small Biz Digital Media Services, contains proprietary information and material that is owned by Small Biz Digital Media and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Small Biz Digital Media Services in compliance with this Agreement. No portion of the Small Biz Digital Media Services may be reproduced in any form or by any means, without expressed written permission from Small Biz Digital Media. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Small Biz Digital Media Services in any manner, and you shall not exploit the Small Biz Digital Media brand in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Small Biz Digital Media and its licensors reserve the right to change, suspend, remove, or disable access to any Small Biz Digital Media products, content, or other materials comprising a part of the Small Biz Digital Media brand at any time without notice. In no event will Small Biz Digital Media be liable for making these changes. Small Biz Digital Media may also impose limits on the use of or access to certain features or portions of Small Biz Digital Media services, in any case and without notice or liability.
All copyrights in and to Small Biz Digital Media (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Small Biz Digital Media and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF SMALL BIZ DlGITAL MEDIA, EXCEPT FOR USE OF SMALL BIZ DlGITAL MEDIA AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Small Biz Digital Media, the Small Biz Digital Media logo, other Small Biz Digital Media trademarks, service marks, graphics, and logos used in connection with Small Biz Digital Media are trademarks or registered trademarks of Small Biz Digital Media in the U.K. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Small Biz Digital Media Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
7. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
9. DISCLAIMER OF EARNINGS, INCOME AND WARRANTIES
Small Biz Digital Media can not and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, strategies or services. What we can guarantee is your satisfaction with our work. We give you a 30-day 100% satisfaction guarantee on the products we sell, so if you are not happy for any reason with the quality of our work, just ask for your money back. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Small Biz Digital Media, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Small Biz Digital Media and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
13. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
14. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
16. CUSTOMER SERVICE
If you have questions or comments regarding Small Biz Digital Media products and services, please email firstname.lastname@example.org or call 0330 058 2633.