Terms and Conditions
Welcome to the productionwizard.com Terms & Conditions ("User Agreement"). The services available at productionwizard.com are provided by Production Wizard Ltd, located at Crown House, 72 Hammersmith Road, London W14 8TH. Company registration number 7625291.
This User Agreement outlines the terms and conditions that apply to your use of the services available under the domain productionwizard.com (the "Site"). If you do not accept to be bound by this User Agreement, you should not use or access our services.
You must read, agree with and accept all of the terms and conditions contained within this User Agreement, including those terms and conditions expressly set out below and those incorporated by reference, before you may register as a user of the Site. We recommend that you also read the information contained in the other pages referred to in this document, as they contain additional terms and conditions which apply to you as a productionwizard.com user.
If you have any questions about this User Agreement, please contact us by e-mail
We may amend this User Agreement at any time and shall give you notice ("Notice") by either e-mail in accordance with your notification preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective.
This User Agreement is effective from 1st February 2011.
You may not use our services unless you are eligible to do so.
Persons under the age of 18 years may not use our services. Our services are unavailable to anyone under 18 years old. If you are under 18 you are only eligible to use our services through a parent/guardian or under the supervision of a parent/guardian.
Our services are only available to business users and are not available to consumers (individuals acting outside the course of their business).
If you register as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
1. USER ID
Upon completion of registration, you must decide upon a User ID and password and you are responsible for any/all actions taken under that User ID and password. Using your User ID and password will enable you to utilise the Site. You should make every effort to keep your password safe. It should not be disclosed to any other person and no other person should be allowed, either directly or indirectly, to use your User ID or password. You must not transfer or sell your User ID.
2. PRODUCTIONWIZARD.COM IS A PLATFORM
2.1 Productionwizard.com is not an auctioneer
The Site is a platform allowing registered users to request and quote for media services, any time, anywhere, in a variety of price formats. Productionwizard.com does not review requests submitted by bookers and does not quote for requests submitted through the Site and is not involved in discussions or transactions between bookers and suppliers. As a result, Productionwizard.com has no control over the quality, safety or legality of the suppliers, the truth or accuracy of the quotes. You should not assume that the quotes, Health and Safety Certification and Liability Insurance levels provided by suppliers are valid and legal simply because it is listed on the Site. Productionwizard.com is not responsible for ensuring that bookers and suppliers actually complete a transaction. You accept full responsibility for the legality of your actions under laws applying to you.
2.2 Identity verification
Techniques used by us verify the accuracy of the information supplied to us by our users when they register on the Site. However, because user verification on the Internet is difficult, productionwizard.com cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our booker feedback rating system will also help you to evaluate the supplier with whom you are dealing.
2.3 Information Control
Productionwizard.com does not control the information supplied by users made available through the Site. Users information may be offensive, harmful, inaccurate, or deceptive and you are therefore urged to use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with under age persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that productionwizard.com is not responsible for the acts or omissions of Site users.
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release productionwizard.com (and our directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
3. YOUR INFORMATION
"Your Information" is defined as any information you provide to us or other users in relation to the productionwizard.com service including the registration process (including, without limitation, any description of services provided), and any other content that you post within the Site. You are solely responsible for Your Information, and productionwizard.com is a platform for the online distribution and publication of Your Information.
Your Information and your activities on our Site must not be:
a) false, inaccurate or misleading;
b) offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c) infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d) fraudulent or involve the hire or sale of counterfeit or stolen items;
e) in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
f) obscene, violent, indecent or contain pornography;
Your Information and your activities on our Site also must not:
g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h) link directly or indirectly to or include descriptions of goods or services that you do not have a right to link to or include;
i) contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j) cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
3.3 Show reels
Productionwizard.com is not responsible for verifying that show reels are not infringing the copyright, trade mark or other intellectual property rights of third parties. Third parties can notify us in the event that they believe their intellectual property rights have been infringed, and we may remove such infringing items and/or suspend infringing suppliers.
3.4 Access and Interference
The majority of the information on the Site is updated on a real time basis and is proprietary or is licensed to productionwizard.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. In addition, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of productionwizard.com and the appropriate third party, as applicable; (3) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (4) bypass measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
3.5 Your Information
You must not supply any item through the Site (or complete any transaction initiated using the Site) that, by paying to us the credit fee, could cause us to violate any applicable law.
3.6 Your Use of Other Users' Information
Our service allows bookers to access suppliers contact information so as to enable interaction among productionwizard.com users. As a supplier you have access to the company name of the booker.
By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information obtained through the Site you may only use such information for: (a) productionwizard.com related communications that are not unsolicited commercial messages and relate to your genuine participation in a productionwizard.com project request, (b) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review the information you have collected about them. Note that law enforcement personnel are given different rights with respect to information they access.
Productionwizard.com and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a productionwizard.com employee or a productionwizard.com registrant, even a booker who has purchased from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.
4. PROJECTS REQUESTS, SUPPLIERS AND QUOTES
4.1 Booker Requests
As a booker, you have no legal obligation to complete a transaction with a supplier.
4.2 Supplier Details
As a supplier, you must ensure that you are legally able to supply each service selected on the Site. Your details must include only text descriptions, graphics, pictures and other content relevant to the supply of the service(s). You are responsible for ensuring that you have the right to use all the content provided in your details and we have the right to host it on our servers.
Without limiting any other remedies, productionwizard.com may suspend or terminate your account if we suspect that you have engaged in, are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
You must not manipulate the price of any quotes or interfere with other user's request(s) or quote(s). Without limitation, you must not: (a) quote for a project where you are the booker, or procure or encourage any person to do so on your behalf; (b) create projects or submit quotes using a false User ID.
4.5 No Cancellation
You acknowledge that productionwizard.com will begin forwarding e-mails and SMS messages to you as soon as a project request has been submitted to us. You understand that productionwizard.com is unable to cancel any project request once submitted.
Without limiting our other solutions, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your project requests and refuse to provide our services without notice to you if: (a) you breach this User Agreement or the documents incorporated by reference; (b) despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause us financial loss or legal liability.
You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
7. NO WARRANTY
Although we make every effort, we (and officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services. Operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
8. TRANSFER OF DATA
The protection of users privacy is a very important issue to us. Please note that Your Information will be stored and processed on our computers in the United Kingdom. The laws on holding personal data in the United Kingdom may be more stringent than the laws applicable outside of the UK and productionwizard.com will hold and transmit your information in a safe, confidential and secure environment.
If you object to your Information being transferred or used in this way please do not register.
9. LIMITATION OF LIABILITY
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, we (including officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party, and the liability of our officers, directors, agents and employees, in any circumstance will be limited to £50.
10.1 Premium Services
Registration on productionwizard.com is free at the point of account creation, although you will remain responsible for the costs of accessing the Site and communicating with other users.Productionwizard.com offers a range of premium services for which it charges an access fee. The price of the various subscription options is listed where appropriate throughout the Site, and users will have the opportunity to view and confirm applicable fees and subscriptions before committing to payment. Subscriptions are offered on a pay monthly or pay yearly basis. Company Accounts (Share, Group, Professional, Enterprise) are only available on a pay monthly basis. Users who pay subscriptions are referred to as Members.
Production Wizard reserves the right to alter its fee structure at any time. Advertised fees and subscriptions for any and all services on productionwizard.com will be considered current until such time as Production Wizard makes a change to the fees and subscriptions. If a change is made, it will not affect existing subscriptions paid by Members until the completion of the membership period that they have paid for. Members will be informed by email of any changes to productionwizard.com s fees and subscriptions.
Production Wizard is under no obligation to provide subscription services to any user beyond the expiry of their pre-paid subscription.
10.2 Payment of Fees [and Subscriptions]
Payment of fees and subscriptions is handled by our payment partners, Paypal and Production Wizard will not be liable for any error on the part of Paypal. Please see clause 12. DISPUTE RESOLUTION for details on payment disputes. In the event of payment being made to Productionwizard.com by fraudulent use of a payment card, Production Wizard will cease to collect payments from that card from the date that Production Wizard is made aware of the alleged fraudulent use. Production Wizard will not be liable to return funds that have been paid before the date that Production Wizard is made aware of the alleged fraudulent use of the card. Production Wizard may, at its discretion, return payment to the person entitled thereto.
10.3 Cancellation of paid membership
Members may cancel their paid subscription at any time, by giving written notice of cancellation to Production Wizard by email or by Special Delivery post in accordance with clause 11 NOTICES.
Annual subscriptions can be cancelled by giving notice to Production Wizard [not less than 14 days before the renewal date] and will take effect on the renewal date. In the event of insufficient notice being given, Production Wizard will not guarantee cancellation of the membership or reimbursement of any payments made in relation to subscriptions/fees.
Cancellation notices in respect of monthly subscriptions which are received by Production Wizard on or before the 16th of the month will take effect at the end of the validity period covered by your last monthly payment. Cancellation notices received after the 16th of the month will take effect at the end of the month following the end of the validity period covered by your last monthly payment.
Unless otherwise explicitly stated, notices to productionwizard.com must be sent by registered mail to, Production Wizard Ltd, Crown House, 72 Hammersmith Road, London W14 8TH. Notices to you will be sent to the address provided by you to productionwizard.com during the registration process (receipt is deemed 48 hours after notification is sent).
12. DISPUTE RESOLUTION
Disputes between you and Production Wizard regarding our services may be reported to Production Wizard by e-mail. Production Wizard seeks to resolve disputes with its users in accordance with its Complaints Policy. A copy of this policy is available on request. Production Wizard will endeavour to resolve all disputes within the time frames laid down in the Complaints Policy, though Production Wizard will have no liability if resolution is not reached, or is reached outside the Complaints Policy time line. Disputes with regard to the payment of fees should be reported to Production Wizard by email or in accordance with clause 11and Production Wizard will endeavour to achieve resolution in cooperation with Paypal. Production Wizard (including our officers, directors, agents and employees) will not be held liable for any loss incurred due to an error on the part of Paypal.
Production Wizard is not responsible for dealing with disputes between users of the Site, which must be resolved between the users concerned. (See clause 2.4 above.)
13. THIRD PARTY RIGHTS
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
14. GOVERNING LAW AND LEGAL COMPLIANCE
This User Agreement shall be governed by and construed in accordance with English law and subject to the jurisdiction of the English courts. Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with us or with other users regardless of what you agree with us (now) or with that user (later).
The laws of your country may differ from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we approve or validate any transaction, even if you have successfully made similar project requests or quotations in the past.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
You agree that this User Agreement and all incorporated agreements may be assigned by Production Wizard, in our sole discretion, to a third party in the event of a merger or acquisition, or to any associated company of Production Wizard.
You and Production Wizard are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this User Agreement.
Headings and clause numbering in this User Agreement are for convenience only and do not affect its interpretation.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. All other undertakings, agreements, warranties, conditions, representations or terms, express or implied (whether by statute, common law or otherwise), are excluded to the fullest extent permitted by law.