Lobster Pot and Lobster Vision
Terms and Conditions
Definitions
“Platform” means the digital place also referred to as “Lobster Vision” in which Lobster Pictures products and services are accessible, such as time lapse video and photography on https://www.lobstervision.tv/.
“Lobster Pictures” means Lobster Pictures Limited, a private limited company registered in the UK (company number 06220856 with registered office at Verona House, Filwood Road, Bristol, BS16 3RY, UK).
“Client” means the person, company or other body purchasing the Products and/or Services from Lobster Pictures pursuant to the Contract/Proposal.
“User” and/or “Users”means any person(s) who have been given authorisation to use the service and have been supplied user identifications and passwords by the Client (or by Lobster Pictures at the Client’s request).
“Order Summary and Payment Schedule” means the breakdown of payments shown in the table agreed by the Client in the proposal at the time of placing an order with Lobster Pictures.
“Site” means the physical places in which the cameras, products or services are installed.
“Purchase Order or PO” means a written order document placed by the Client in line with their financial, administrative and numbering systems.
“Proposal” and/or “Contract” means the final revision of the legally binding document in which the Client agrees to by sending a Purchase Order or equivalent.
1. Acceptance of Terms
By accessing or using Lobster Pictures website, products, or services, the Client agrees to be bound by these Terms and Conditions. If the Client does not agree with any part of these terms, the Client may not use our website, platform, products, or services.
2. Privacy Policy
Client use of our services is also governed by our Privacy Policy, which can be found at https://lobsterpictures.tv/privacy. Please review the Privacy Policy to understand our practices.
3. Fees and Payment
The Fees payable by the Client for the supply of Product(s) or Services shall be that which is set out and agreed between the Client and Lobster Pictures each time Lobster Pictures accepts a Contract placed by the Client and as specified in the Order Summary and Payment Schedule or Proposal as appropriate (unless varied by the Contract and Lobster Pictures acceptance). All Fees quoted are deemed exclusive of value added tax, unless expressly stated to the contrary.
4. Early termination after installation
In the event of an early project termination all outstanding fees included in the contract proposal must be paid in full unless a specific written, signed and countersigned agreement that states otherwise is agreed by both parties prior to such an event.
5. Cancellation after receipt of a Purchase Order but before installation
If the Client cancels after receiving a PO but prior to installation the Client will be liable to a charge of £3,000 for the first camera and £1,000 for additional cameras.
Cancellation of survey, install or de-rig with less than 48 hours’ notice
If the client cancels a survey, install or de rig with less than 48 hrs notice the technicians’ fees is liable to be charged at a rate of £750 per technician per day.
In such an event, Client accepts to pay for any additional fees already expended by Lobster Pictures in preparation for any non-refundable work such as technician flights, shipping of equipment and hardware to site, and build costs of cameras, mounting solutions and any third-party purchased equipment such as masts. Client accepts to comply with any additional admin fees for time expended on logistics and planning that are requested and deemed reasonable by Lobster Pictures.
6. Installation and Support
Lobster Pictures will test cameras before shipping to the site. If purchasing a remote guided installation, it is the Client’s responsibility to test and install the System under our guidance. Client is solely responsible for complying with all local safety codes and requirements for such installation.
Upon the Client’s request, Lobster Pictures may coordinate with a third-party contractor to install, diagnose and repair issues should they arise, and/or adjust the System or any of its supporting equipment. If this option is selected, Client acknowledges and agrees that the installation services are being provided by a third-party contractor and that Lobster Pictures’s role is to coordinate such services for the Client. Client agrees that Lobster Pictures shall not be held liable, and Client expressly holds Lobster Pictures harmless, for any services or actions performed by the third-party installation contractor.
7. Timelines
The Engagement (including site surveys, health & safety documentation, ordering and building of equipment) will only commence once a valid Purchase Order has been received.
There are a number of dependencies to starting on site and thus the commencement date and its sub-elements (such as the site survey, delivery of equipment and such like) may be varied by mutual agreement between Lobster Pictures and the Client as required.
8. Hardware theft and damages
Client accepts responsibility to ensure that Lobster Pictures camera equipment on the Client's Site remains secure unless insurance is expressly requested by the Client, and no claim can be made without police involvement. In such event, the Client agrees to pay for the cost of replacement of any hardware, shipping and any customs, duties and other related fees required to action resolution.
9. User Registration
If the Client chooses to create an account on our platform, the Client is responsible for maintaining the confidentiality of any account information and password(s). The Client agrees to accept responsibility for all activities that occur under their account(s).
10. Intellectual Property
All content, trademarks, and intellectual property on our website are the property of Lobster Pictures. The Client may not use, reproduce, or distribute any content without prior written consent.
Copyright of imagery is retained by Lobster Pictures. Client is hereby granted a perpetual worldwide licence to use all imagery and video captured, globally and in any media. Lobster Pictures will only use imagery and video from this project for marketing and demonstration purposes, and only with the express written permission of the Client. We understand the majority of projects are commercially confidential.
11. Prohibited Activities
The Client agrees not to engage in any activities that may:
a. Violate any applicable laws or regulations.
b. Infringe upon the rights of others.
c. Interfere with the operation of our website or services.
d. Transmit harmful code or content.
12. Access and Delays in Service
The Client acknowledges that Lobster Pictures has made reasonable efforts to provide the Client with access to the Platform and related services. Further, Lobster Pictures, its affiliates and licensees shall not be liable to the Client for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Platform or the Services for any reason, including, without limitation, electronic or mechanical equipment failures, connection problems, defects, failure of the internet, weather, strikes, walkouts, fire, acts of God, acts of war, pandemics or other like causes.
Lobster Pictures reserves the right to interrupt the operation of the Platform and the Services, as necessary to perform routine or non-routine maintenance, error correction or other changes and to modify or change the Platform and related services.
13. Disclaimer of Warranties
Our website and services are provided "as is" without any warranties, express or implied. We do not guarantee the accuracy, completeness, or reliability of any content.
14. Limitation of Liability
To the fullest extent permitted by law, Lobster Pictures shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
15. Indemnity
The Client agrees to defend, indemnify and hold Lobster Pictures, its members, managers, directors, employees, agents, representatives, predecessors, successors in interest, affiliates, and suppliers harmless from and against all claims, demands, damages, losses, liabilities, costs and expenses, including attorneys’ fees, for any claims or actions brought against Lobster Pictures arising out of any breach by the Client from these Terms and Conditions or other liabilities arising out of your use of the Platform.
16. Governing Law
These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England & Wales and shall be subject to the exclusive jurisdiction of the courts of England & Wales.
17. Modification to Terms
Lobster Pictures reserves the right to update or modify these Terms and Conditions at any time without prior notice. The Clients continued use of our website, products, or services after any changes will constitute the Client's acceptance of such changes.
18. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at info@lobsterpictures.tv or by post at Lobster Pictures, Verona House, Filwood Road, Bristol, BS16 3RY, UK.