Terms and Conditions

These terms
1. What these terms cover. These are the terms and conditions on which we supply our digital services (“products”) to you.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
  - You are an individual; and
  - You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
Information about us and how to contact us
1. Who we are. We are Big Screen Social, a trading name of Social Progress Limited, a company registered in England and Wales. Our company registration number is 7819395 and our registered office is at Two Hoots Barn, Crosland Edge, Meltham, Holmfirth, HD9 5RS.
2. How to contact us. You can contact us by telephoning our customer service team at 01484 506336 or by writing to us at email: info@bigscreensocial.com, or at Bridge House, 2 Woodhead Road, Honley, Holmfirth, West Yorkshire, HD9 6PX.
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your sign up or contact form.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
1. How we will accept your order. Our acceptance of your order will depend on what products you are ordering from us, as set out as follows:
  1. if you are purchasing one or more digital walls, you will be asked to complete a sign up form and to make your payment via our website. Once they have been received we shall email you to confirm acceptance of your order and create your account with us; or
  2. if you are purchasing a monthly or annual subscription for a digital wall , you will be asked to complete a sign up form, make your initial payment via our website and set up a payment plan for your monthly or annual payments. Once they have been received, we shall email you to confirm acceptance of your order and create your account with us; or
  3. if you are making an enquiry to purchase our premium event management plan, you will be asked to complete a contact form and we will contact you to discuss and tailor your plan (including, without limitation, a price for such plan) and create an account with us. Once you have accepted our price, we shall send you an email and you will be asked to complete a sign up form make your initial payment via our website and set up a payment plan, if you are making more than a single payment to us.
2. If we cannot accept your order.If we are unable to accept your order, we will inform you of this by email and will not charge you for the product.
3. Your order number. We will assign your email address as your order ID. It will help us if you can tell us the order ID whenever you contact us about your order.
Our products
1. Products may vary slightly from the description or examples given on our website. The images of the products on our website are for illustrative purposes only.
Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
Minor changes to the products. We may change the product to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
Providing the products
1. When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
  1. If the products are single purchase of services, we will begin the services.
  2. If the product is a single purchase of digital service, we will make the digital service available to you upon your activation.
  3. If the products are ongoing services or a subscription to receive digital service. we will supply the digital service to you until either the services are completed or the subscription expires (as the case may be) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
2. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
3. If you do not allow us access to provide services. If you do not allow us to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you we may end the contract and clause 10.2 will apply.
4. What will happen if you do not give required information to us.We may need certain information from you so that we can supply the products to you, for example, a valid email address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
  1. deal with technical problems or make minor technical changes; or
  2. make changes to the product as requested by you or notified by us to you (see clause 6).
6. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 7 days in any month we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.5).
Your rights to end the contract
1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
  1. If what you have bought is misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), if you are a consumer please see clause 12.1 ;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  3. If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period referred to in clause 8.3, but this may be subject to deductions;
  4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
  1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
  2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
  4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
  5. you have a legal right to end the contract because of something we have done wrong.
3. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
  1. Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
  2. Have you bought digital service for activation? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start activation. If we delivered the digital service to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
4. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
5. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
  1. digital products after you have started to download or stream these;
  2. services, once these have been completed, even if the cancellation period is still running; and
  3. sealed audio, sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital service is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) £40 as compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you are a consumer who has changed their mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  1. Phone or email. Call customer services on 01484 506336 or email us at info@bigscreensocial.com. Please provide your name, correspondence address, details of the order and, where available, your phone number and email address.
  2. By post. Print off the cancellation from and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
2. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
  1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a valid email address;
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you £40 as compensation for the net costs we will incur as a result of your breaking the contract.
3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as reasonably possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at (01484) 506336 or write to us at email: info@bigscreensocial.com or at Bridge House, 2 Woodhead Road, Honley, Holmfirth, HD9 6PX.
Your rights in respect of defective products
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is digital service, for example, the Consumer Rights Act 2015 says digital service must be as described, fit for purpose and of satisfactory quality:

if your digital service is faulty, you're entitled to a repair or a replacement.

if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 8.3.

If your product is services, the Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

if you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also clause 8.2.
Price and payment
1. Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.2 for what happens if we discover an error in the price of the product you order.
2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
3. When you must pay and how you must pay. We accept payment with all major credit card types including, without limitation, Visa, MasterCard and American Express. When you must pay depends on what product you are buying:
  1. For digital service, you must pay for the products before we email you with the link so that you can download them, please see clauses 3.1.1 and 3.1.2;
  2. For services, you must pay for the services before we start to provide them, please see clause 3.1.3.
4. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1.
3. When we are liable for damage caused by defective digital service. If defective digital service which we have supplied damages a device or digital service belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
4. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
Our responsibility for loss or damage suffered by you if you are a business
1. Nothing in these terms shall limit or exclude our liability for:
  1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  4. defective products under the Consumer Protection Act 1987;
  5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
2. All terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
3. Subject to clause 15.1:
  1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
How we may use your personal information
1. How we will use your personal information. We will use the personal information you provide to us:
  1. to supply the products to you;
  2. to process your payment for the products; and
  3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
2. We will only give your personal information to third parties where the law either requires or allows us to do so.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the product has been purchased to use in a specific venue and then you wish to use the product in a different venue. However, if you are a consumer you may transfer our guarantee at clause 8.5 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by sending us an email from the original owner detailing the transfer of ownership.
3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

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