Terms of service

TERMS OF SERVICE

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OVERVIEW

This website is operated by Hyper Creative. Throughout the site, the terms “we”, “us” and “our” refer to Hyper Creative. Hyper Creative offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

Custom Orders:

Any custom product that is approved by proof is not eligible for a return, refund or Credit Voucher. Any item that has been modified in any way by cutting a specific length of material or creating a design in any way.

Hyper Creative reserve the right to not refund for any design time used in the process of creating an order. Or other time used in planning, preparing artwork, designing products, redrawing logos or other designs to be suitable to print or setting up proofs for client approval. This design time will be removed from any Credit Voucher applied to your account processed if an order is cancelled.

Cancelling by you - for all or part of an order (if applicable)
We understand that sometimes things change and you may need to cancel your order.
Cancellations must be made by the person on the order and must be in writing by email.

Changing to a new product may be made free of charge. However, if you are unable to find a suitable alternative, a Credit Voucher for the value of the order will be added to your account. Credit Vouchers will be valid for 6 months from the date of issue and cannot be extended.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

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.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - 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.

SECTION 8 - 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.

SECTION 9 - 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, libelous, 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 libelous 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.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - 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.

SECTION 12 - 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.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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 Hyper Creative, 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hyper Creative 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.

SECTION 15 - SEVERABILITY

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.

SECTION 16 - TERMINATION

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 Service.
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).

SECTION 17 - 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.

SECTION 18 - 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 Hyper Creative Ltd, 1 The Barns, Bulrushes Business Park, Coombe Hill Road, East Grinstead, RH19 4LZ.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - EVENT BRANDING TERMS OF SERVICE

Cancellations: At any time you can cancel your order with us, any costs incurred will be chargeable.
Any deposits or funds paid will be held as credit towards future events or projects. An amount will be agreed after cancelation about the costs incurred upto the point of cancellation which will determine the value of the credit.

Credits must be used within 6 months of the date you notify us of cancellation.

Events cancelled within 30 working days of the event do not qualify for any refunds or credit used towards future projects, any funds outstanding are due within 7 days of cancellation. Failure to pay this by midnight on 7th day (whether a weekday, weekend or holiday) will incur a 10% late payment fee and 5% interest every month thereafter.

We prepare project timelines for all our events, which may be a PDF project pipeline, or may be provided by email, or can also be shared by phone or in person contact to provide key dates where certain actions are required by the client.

Hyper Creative holds the right to take any and all of the following actions in the instance where a client fails to meet the stated deadlines. Hyper Creative has the right to: - Charge additional fees in order to meet the original deadline. These fees are decided on a case by case basis and are calculated solely by Hyper Creative. Refusal to pay these fees will result in the cancellation of your order with no refunds available or obligation to complete the project. The value of all works already begun will always be non-refundable. - Charges will be incurred in full for all required tools, equipment, travel costs and installation team that cannot be cancelled as a result of a missed deadline. Tools and equipment costs might include scaffold towers, cherry pickers and specialist ladders etc. Travel costs may include flight expenses and railway tickets. Both lists are not exhaustive. - Alter all of the subsequent deadlines, including the date of installation to accommodate the missed deadlines. Please note that all new deadlines will be subject to the current Hyper Creative schedule of work and may be longer periods of time than the original timescales.

Should deadlines be missed by the client, then Hyper Creative reserve the right to refuse to complete any items quoted for the event.

SECTION 21 - ISSUES ARISING ON AN INSTALL

When we provide installation services, we hold the right to cancel the install for any reason if the key requirement are not met. These can include, but are not limited to:

Client failure to be present during the install, sizes are wrong, material have not arrived and the client has failed to notify us 1 working day before. Any surface not being prepared ready for us to work, including fresh paint, obstructions infront of the surfaces, damp, flaking paint, surfaces or areas not being build or prepared correctly. Heaters or air con units being present on the surface, or the surface.

If we have to come back to complete any further install work due to any issues arising due to the clients issues, these are chargeable.

If there are issues on an install that are caused as a result of Hyper Creative, or it's workers this is upto the discretion of the Hyper Creative team on how we deal with this.

If issues arise where both parties are at fault, then the client remains responsible for the full cost of any and all costs arising in order to complete the work. This includes reprinting / remaking items, installers time, travel, accommodation and any other costs that may arise in order to complete the work at a different time or date.

In the event that items need to be replaced regardless of who's fault - Hyper Creative and it's staff or contractors shall not be liable to any damages or costs incurred in rectifying or repairing any surfaces or products affected.

This includes any wall preparation works, decoration, or labour time needed to prepare surfaces in the instance that a design or product needs to be removed or replaced. - These costs and any others are the client's responsibility.

It is upto the discretion of the Hyper team to determine whether any costs will be covered, for example replacement products, installation works, design services and other forms of work.

As a company policy we state that any designs or issues with designs must be considered from at least 1 meter distance from the design. This is a realistic distance to view large format products. So things like pixelation, small marks, bumps from wall texture, joins / alignment of wall panels, scuffs or other such small details are not supposed to be considered at a very close distance. The designs need to be viewed and assessed at 1m distance or more from the print.

If designs are above 5 square meters, then an extra 20cm should be added to the 1m distance for every 1m in size.

The larger the design the further away you should consider it.

Our products are hand made and hand installed and therefore have to be considered with that in mind. 

SECTION 22 - UNSUITABLE SURFACES

Walls, windows or any other surface that has not been correctly prepared ready for graphic installation will give Hyper Creative and any subcontractors the right to refuse to complete an install, or disqualification of the right to a refund or return.

Clients are responsible for ensuring their surfaces are correctly prepared for the install to take place.

This includes, but is not limited to - Walls being left 6 weeks after painting before any graphics or signs are installed, windows being clear of any existing graphics or films or other obstructions, picture frames or other such obstructions on walls or surfaces. Any desks, cupboards, pods, plants or any other furniture or obstructing items. Also any surfaces that are showing signs of problems - Flaking paint, damp, cracks, surfaces that are not smooth or ready for application

Clients must provide photos of all the surfaces clearly showing where the items are to go and clearly specify at the time which product they are looking for. Failure to do this may result in assumptions from our team on the products and services we offer.

For example if you book is for install and we quote for the product and install time, and upon arrival the wall is higher than we can reach without some access equipment, then we may have to cancel the install and charge to come back, as well as charing for access equipment hire. This is one example of the clients responsibly to correctly inform prior to receiving the quote all information required prior to going ahead with the project.

Hyper Creative reserve the right to refuse to work on any given project - including the right to deem any surface as "Not suitable for graphic application" and can refuse to complete any installation work - and are not liable to offer refunds or credits for any items or services paid or cancelled installation services.

SECTION 22 - ADVICE

We provide the best advice we can to make suggestions on the best products to offer. But it is the clients responsibly to use common sense and also read recommend advice on the best product for the surface or project. Hyper Creative cannot take responsibility for any items that are not suitable, as it is the clients responsibility to inform themselves on the best products to choose.

SECTION 23 - OBSTRUCTIONS

We need at least 1m clear access infront of any surface we are fitting onto, and failure to provide this may mean an install is cancelled and a client will need to pay to have the items installed on another date or time. We reserve the right to cancel the install in this circumstance.

SECTION 23 - INSTALL TIMINGS

We estimate all the install timings for work we quote for. However these are always an estimate. If an install takes longer than we have estimated then we 

If we have estimated an install, and the work is completed before the end of the allowed time, this time is not in any way able to be refunded, or claimed by the client for credit or in exchanged for any future services. Install timings are always estimated and booked in blocks of time quoted. Often this will be half day and full day. Which is estimated at 4 hours and 7 hours respectively. 

If an install runs over, and then falls outside the hours of 9-5pm this may be charged at an out of hours rate, which will be more than the in working hours rate. Weekend and holiday rates are calculated separately at higher rates again.

SECTION 24 - REFUNDS

In the event of a client overpaying for any item or service, Hyper Creative reserve the right to offer a credit for future work instead of a refund.

For all other returns and refunds, please see our return policy.

SECTION 25 - MAINTAINING YOUR PRODUCTS

Products should be stored in a safe, dry space and it is the clients responsibility to look after the product and to maintain the product over time. Leave adhesive wall vinyl products unrolled for a few hours before installing. Weighing them down with weights to flatten the design can help to make them easier to handle during the install process.

For all adhesive wall products please ensure that the walls have been left 4-6 weeks after painting before any vinyl is applied to the surface. Failure to do this will breach any warranty.

After installation ensure that the temperature of the wall and area around the wall are kept consistent. Our products are designed to be kept at normal room temperature of around 20 degrees. This includes evenings, weekends and holidays to ensure the product is kept the best conditions and will last for years.

Any fluctuation in temperature may cause the material to lift or peel, as the products are a thin plastic and subject to expand or contract with temperature change. To prevent this you can also use a clear silicone along the edges of the wall vinyl to stop this happening. This is the clients responsibility to maintain the area.

If a wall vinyl is fitted onto an external wall, these are likely to change in temperature more than an internal plasterboard wall, so these kinds of walls are even more important to be kept at a constituent temperature.

This also means not putting the products on walls with a heating / cooling source like a radiator or air con unit. As these can cause the glue to soften and vinyls can peel. Installing on these surfaces is at the clients risk.

This also means keeping the products away from sunlight exposure as this can cause the products to heat up and again glue softens. This will also ensure the products do in fade with direct sunlight exposure over time.

This also goes for any products that are painted, as paints can also discolour / fade in direct sunlight.

Wall vinyls are installed with overlaps between panels to stop the wall covering from separating, but overtime the vinyl may shrink slightly and this may leave some shrink back between panels. This is normal with the product and if installed properly this should not separate between the panels.

CUSTOMS & DUTIES

Some of our signs - partially LED like Neon signs are imported and so come with some customs and duties costs. 80% of these costs are VAT - so if you are registered these can be claimed back on your next VAT return.
These costs are to be covered by the client - and delay on paying them may incur additional costs - as the sign may be returned to sender - which will incur a high additional cost.

MOISTURE

We do not recommend installing the wall vinyls or other adhesive products in humid environments such as swimming pools or bathrooms, as the steam can also cause the product to fail. We do have some specialist products we can offer for these areas.

CLEANING

Wall coverings and other vinyl products can be cleaned using water and a cloth. Do not use an abrasive surface to scratch the product or it will damage. - Cleaning products can be used on laminated wall vinyls, if you are not sure if your product is laminated, please get in touch or check the proof you were sent.

Ask our team for O&M's for the products you have bought and we can provide more info from the material suppliers where we have it.

  

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@hyper-creative.co.uk.

 

 

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