Terms

How we use cookies

Our website, like many others, stores and retrieves information on your browser using cookies.

If you want to learn more about the general uses of cookies, please visit cookie-usage – all about cookies.

In your browser you can choose to change your privacy preferences to prevent non-essential cookies being set.

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.

We use Google Analytics to provide this service, which uses four first party cookies. The data collected is not shared with any other party.

The information obtained with these cookies anonymised and we make no attempt to use it identify individual visitors, or influence your experience of the site while you are visiting it. If you do not allow these cookies we will not be able to include your visit in our statistics.

About the Google Analytics Cookies

Google Analytics sets first party cookies via a piece of JavaScript code which must be added to every page that site owners want to track. It sets four cookies automatically, and a fifth via opt-in (this relates to sharing information about your traffic with Google).Globally and in the European Union member states Google sets the following cookies:

__utma Cookie

A persistent cookie – remains on a computer, unless it expires or the cookie cache is cleared. It tracks visitors. Metrics associated with the Google __utma cookie include: first visit (unique visit), last visit (returning visit). This also includes Days and Visits to purchase calculations which afford ecommerce websites with data intelligence around purchasing sales funnels.

__utmb Cookie & __utmc Cookie

These cookies work in tandem to calculate visit length. Google __utmb cookie demarks the exact arrival time, then Google __utmc registers the precise exit time of the user. Because __utmb counts entrance visits, it is a session cookie, and expires at the end of the session, e.g. when the user leaves the page. A timestamp of 30 minutes must pass before Google cookie __utmc expires. Given__utmc cannot tell if a browser or website session ends. Therefore, if no new page view is recorded in 30 minutes the cookie is expired.This is a standard ‘grace period’ in web analytics.
Ominture and WebTrends among many others follow the same procedure.

__utmz Cookie

Cookie __utmz monitors the HTTP Referrer and notes where a visitor arrived from, with the referrer siloed into type (Search engine (organic or cpc), direct, social and unaccounted). From the HTTP Referrer the __utmz Cookie also registers, what keyword generated the visit plus geolocation data.This cookie lasts six months. In tracking terms this Cookie is perhaps the most important as it will tell you about your traffic and help with conversion information such as what source / medium / keyword to attribute for a Goal Conversion.

__utmv Cookie

Google __utmv Cookie lasts “forever”. It is a persistant cookie. It is used for segmentation, data experimentation and the __utmv works hand in hand with the __utmz cookie to improve cookie targeting capabilities

Privacy Policy

This Privacy Policy explains what happens to any personal data that you provide to us, or that we collect from you whilst you visit our site.

We do update this Policy from time to time so please do review this Policy regularly.

Information We Collect

In running and maintaining our website we may collect and process the following data about you:

  1. Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
  2. Information provided voluntarily by you. For example, when you register for information or make a purchase.
  3. Information that you provide when you communicate with us by any means.

Use of Cookies

Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer fin order to assist us in improving our website.

We may gather information about your general internet use by using the cookie.  Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever

You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.

Our advertisers may also use cookies, over which we have no control.  Such cookies (if used) would be downloaded once you click on advertisements on our website.

Use of Your Information

We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:

  1. To provide information to you that you request from us relating to our products or services.
  2. To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
  3. To inform you of any changes to our website, services or goods and products.

If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.

Where your consent has been provided in advance we may allow selected third parties to use your data to enable them to provide you with information regarding unrelated goods and services which we believe may interest you.  Where such consent has been provided it can be withdrawn by you at any time.

Storing Your Personal Data

In operating our website it may become necessary to transfer data that we collect from you to locations outside of the UK for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our up most to ensure that all reasonable steps are taken to make sure that your data is treated stored securely.

Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, Sending such information is entirely at your own risk.

Disclosing Your Information

We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:

  1. In the event that we sell any or all of our business to the buyer.
  2. Where we are legally required by law to disclose your personal information.
  3. To further fraud protection and reduce the risk of fraud.

Third Party Links

On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.

Access to Information

In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.

Contacting Us

Please do not hesitate to contact us regarding any matter relating to this Privacy Policy.

Terms & Conditions
of Business

Definitions

  • In these conditions the term ‘Company’ means Planet Interactive Arts Ltd, it’s managers and appointed agents.
  • The terms ‘Customer’, ‘Purchaser’ and ‘Client’ mean the person or company requesting services, advice or work from the Company, whether paid for or not.
  • The term ‘Agent’ means any agent or third party appointed by the Company to provide services, assistance or work on behalf of the Client.
  • The term ‘writing’ includes letters, electronic mail, text message, online chat and other comparable means of communication.
  • The terms ‘work’, ‘advice’, ‘goods’, ‘services’ shall be deemed to include all supplies to the Client by the Company whether of a physical or intellectual nature.
  • This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. Once a quotation or invoice has been accepted by the client, by means of a purchase order or payment being made the client has accepted these terms and conditions in full.

1: Basis of the supply of Services

1.1 It is the intention that all of the terms of the Contract between the Client and the Company are contained in these Conditions and in the documents/advertisement/specifications/quotations supplied to the Client. Please read carefully all documentation to ensure that it accords with your requirements.

1.2 All prices are exclusive of any applicable Value Added Tax (VAT). Prices quoted will be at the rates published by the Company and which from time-to-time may be modified at the sole discretion of the Company. The Company will notify the Client of any such changes to prices with no less than 30 days notice and any changes will not apply to work agreed or in progress.

1.3 Any additional expenses including, but not limited to, Insurance, Travel, Accommodation, Development, Agent’s Fees, Postage etc. will be agreed in writing in advance of work being undertaken or orders placed with third parties.

2: Intellectual and Company Copyright

2.1 All designs, work,  services, written material, brochures, booklets, digital content, advice and systems provided for the Client are for the sole and exclusive use of the Client in the part of the business for which the work was undertaken. Such work remains the property of the Company and may not be copied, reproduced, disseminated, sold, given or traded with any third party and may not be used outside the direct division, area, company, or organisation for whom the work was supplied, without the express written permission of the Company.

2.2 Copyright

The copyrights of general artwork, commissioned artwork, illustrations, conceptual design, design, website design, digital design, development coding, commissioned photography, commissioned video, animation, social content and copy belong to the Company until full payment for the work has been made. At this point all ownership will be transferred to the Client, and work created can be freely used for the intent with which is was produced.

If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. You agree to indemnify the Company from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any work we produce for the purposes of promoting our services unless you request otherwise in writing.

2.3 Estimates

An Estimate is an approximation of cost and should be used as a guide only. If you require a full quotation you must supply a full and detailed brief of requirements. All estimates for work are valid for thirty (30) days, after which time all proposed work will have to be re-estimated. We take no responsibility for a re-estimated price differing from an original estimate.

2.4 Quotes

All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. At this point the price could differ from an original quote.

2.5 Illegal Matter

The Company reserves the right not to print, post or make live any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material created for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

2.6 Consequential Loss

The Company accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.

2.7 Financial Loss

The Company accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by The Company.

2.8 Force Majeure

The Company accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

2.9 Liability

The Company shall not be liable for any loss to the customer arising from delay caused by circumstances beyond The Company’s control.

2.10 Price Breakdown

The quotes, estimates and invoices we send you will be itemised, showing the cost of the project. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.

2.11 Provision of Materials

You agree to either provide us with the specific copy, images and other information we require in order to create your product, advise us as to where we can locate such materials, or include a provision in your budget with us to get material produced on your behalf. The Company assumes any and all content provided by the Client to be correct. If content is to be created on your behalf by the Company, it will be the responsibility of the Client to check and approve the information. Once approved, the Company accepts no responsibility for errors, omissions or discrepancies which may be present on the final product. Any time required to correct errors, omissions or discrepancies which have arisen in these instances, will be charged to you at our standard rate. We accept no responsibility for any delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of The Company in ascertaining the unsuitability of the materials with which you provide us.

2.12 Systems & code

Any bespoke systems or code, including eCommerce and Content Management Systems, provided to the Client remain the intellectual property of the Company, and as such no access is given to the source code or database, unless otherwise agreed in writing.

2.13 Fonts

Fonts are purchased by The Company and downloaded for sole use on clients work. In the event that artwork is packaged and supplied to a client, or third party, the font will be included in the packaging process. This does not give the client or third party the rights to use or download the supplied fonts. If the font is used or downloaded by the client or third party, a license should be purchased for usage from the font licensee. The Company does not accept liability for the miss-use of the font licence.

2.14 Images

Images can be provided by the Client or purchased by the Company and downloaded for sole use on specific projects. In the event that artwork is packaged and supplied to the Client, or third party, imagery will be included in the packaging process. Purchased images may be subject to specific usage licences which must be adhered to at all times. Specific detail of the licenses can be provided by your Account Manager. The Company does not accept liability for the miss-use of the image licences by Clients or third parties.

2.15 Jobs Put On Hold or Cancelled by the Client

Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly.

3: Delivery

3.1 All work undertaken by the Company will be subject to an agreed delivery date and method agreed in writing with the Client before any agreement is deemed to have taken place.

3.2 All delivery dates are quoted in good faith.

3.3 The Company shall not be liable for any delay in delivery or failure to produce due to Force Majeure, acts of default of the Client, changes to specification or requirement by the Client after initial agreement or any cause beyond the Company’s reasonable control.

3.4 The Company reserves the right to make delivery in instalments subject to clauses 2: 2.8, 2.11 and 2.15.

4: Terms of Payment

4.1 Once approval of a quote or an estimate has been received in writing, an initial project start invoice will be raised. Unless agreed otherwise in writing, a second invoice will be raised halfway through the project, and a final invoice raised on delivery of the project.

4.2 Payment will be made to the Company by Cash, Cheque, Bank Automated Clearing System transfer or any other method if previously agreed in writing by the Company.

4.3 Credit Card payments are not accepted.

4.4 Payment by the Client will be made in full no later than 30 days from date of Invoice.            

4.5 The Company reserves the right to charge interest, at the rates of interest on Business Accounts charged by the Company’s bank on the date that payment becomes overdue, and for all subsequent days thereafter that payments are not made, along with an administration fee to cover the debt recovery costs.

5: Warranties and Liabilities

5.1 The Company does not accept any liability arising from any advice given to the Client except where an act of gross negligence or professional misconduct is committed by the Company or its agents.

5.2 Advice is given to Clients on the clear understanding that all material facts and circumstances have been revealed as to basis upon which the advice is given. Failure to disclose material facts or circumstances by the Client shall not confer any liability on the Company.

5.3 Goods supplied by a third party to the Client, whether directly or indirectly by the Company, shall be subject to the warranties and liability terms of the third-party supplier and the Company does not accept any liability for those goods or services. The Client should therefore acquaint themselves with the terms of the third-party supplier before accepting any order or delivery.

5.4 Any defect or failure in the goods, services or advice provided by the Company must be notified in writing within ten days of completion of any assignment or supply.

5.5 The company does not accept any liability arising from any site or application going live into the public domain before it has been thoroughly tested and signed off by the Company.

6: Basis of the Contract

These conditions apply to all contracts between the Client and the Company. By placing an order with the Company the Client agrees to these Terms and Conditions ofBusiness.

6.1 The Company’s employees or agents are not authorised to enter into any agreement with the Client or to vary any terms of supply of goods, services or advice unless such variations are authorised in writing by a partner or Director of the Company. No quotation shall be considered a binding contract until approval is provided in writing by the Client.

6.2 The Client unconditionally and irrevocably agrees to waive any right to claim damages and/or to rescind the Contract unless the terms of 5.1 have been implemented.

6.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, advice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

6.4 The Company reserves the right to refuse to accept any order for supply of goods, services or advice from the Client and such refusal shall be at the absolute discretion of the Company.

6.5 The Client shall not be entitled to cancel, in whole or in part, any order for supply of goods, services or advice, which the Company has accepted, without such cancellation being agreed in writing by the Company and payment being made in full for all costs, losses and expenses incurred up to and including the date of cancellation, whether or not any work has been delivered in whole or in part.

6.6 The Company reserves the right to make any changes to specification for the work which are required to conform with any applicable safety or other statutory requirements, or which do not materially affect the quality or performance of the work or services undertaken.

7: Insolvency

7.1 Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, the Company, without prejudice to other remedies, shall:

(i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and;

(ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.    

8: Termination

The Company shall be entitled to terminate the Contract by giving no less than 7 days’ notice in writing to the Client where the following circumstances occur:

8.1 The Client commits an irremediable breach of the Contract, or commits repeated remediable breaches of the Contract.

8.2 The Client makes any voluntary arrangement with creditors or (being a sole trader or firm) becomes bankrupt or (being a Company) becomes subject to an Administration Order or goes into liquidation.

8.3 The Client ceases to carry on business.

8.4 Where all current works are completed, and the Company declines to accept further work from the Client. In the case of termination by the Company in circumstances, as outlined in Clauses 8.1, 8.2 and 8.3 above, the Company shall require payment to made, in full, for all costs, losses and expenses incurred, up to and including the date of cancellation, whether or not any work has been delivered in whole or in part.    

9: Law                  

9.1 This Contract shall be governed by and construed and interpreted in accordance with the Law of England and Wales and any Court proceedings commenced by either party shall be either in the Reading District Registry or Newbury County Court. Under the Contracts (Rights of Third Parties) Act 1999 no non-party may benefit from the terms of any Contract between the Company and the Client.