Terms of Use

These terms and conditions apply to all subscriptions that you purchase using this website (“Site”). A subscription will allow you to access and use features and functionality on the Site that are not available to other users. Please read these terms and conditions carefully before ordering any subscriptions. You should print a copy of these terms and conditions for future reference.

1. Information About Us

We are Production Elite and we operate a recruitment service for the Television Industry. The Production Elite website has been created and is managed by Zero One Design Ltd.

2. Your Status

You warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

3. How the Contract is Formed Between Us

To register as a member of Production Elite, you will be asked to enter various details on the Site. After entering these details and reviewing these terms and conditions, you will be asked to click on a button to indicate that you accept these terms and conditions and agree to be bound by them. A contract between us will be formed when you click that button.

4. Subscriptions

4.1 When entering your order details you will be asked to identify the category of subscription that you wish to purchase. The different categories of subscription that we offer are described on the Site (see Freelancer Benefits).

4.2 Please note that we may update and change the features and functionality of the Site from time to time without notice to you. Your subscription will allow you to access the relevant features and functionality of the Site as they exist from time to time.

4.3 Your subscription will automatically be renewed at the end of the relevant subscription period. If you do not want your subscription to automatically renew, you will need to cancel it by logging into your PayPal account and clicking My Preapproved Payments on your profile page at least 48 hours before the renewal date. If you have purchased an annual subscription, we will send you a reminder before your subscription is renewed.

Please think carefully before cancelling your account. Once your account is inactive your profile can no longer be searched by employers and you will be unable to apply for jobs advertised on the site. To ensure you make the most of your membership with Production Elite, please visit the freelancers benefits page.
 

5. Subscription Fees and Payment

5.1 Except in cases of obvious error, the fee payable for your subscription will be as quoted on the Site from time to time. 

5.2 The subscription fee will be payable up-front before your subscription begins and also on each anniversary of the relevant subscription period (unless you have decided not to renew your subscription or if your subscription has been cancelled).

5.3 We may increase our fees from time to time. We will give you 2 weeks notice of any fee increase. The new fee will apply to your next subscription payment after the increase takes effect.

5.4 Payment options will be set out and explained on the Site (see Freelancer Benefits) and may change from time to time. We may use a third party to accept and process payments on our behalf.

5a Placement Booking Fees 

5.5 As a member of the standard and premium service provided by Production Elite, you will be recommended for work, or can apply to vacancies with our clients and registered companies through the website (premium members only). As a member, you authorise us to pass on your CV to these clients through us, as intermediaries. We will always ask for your permission before making CV recommendations and aim to agree the best possible rate for you prior to interview.

We act in a similar way to an agent, charging a booking fee for our service which is calculated according to each position and contract. We will negotiate the contract rate for you with our booking fee included and will clearly outline the breakdown in a written agreement prior to interview and any job offers being made. The fee element will be paid through your contract and you will be asked to agree to pass the fee amount to us upon receipt of an invoice, over the course of the contract term and for any extensions for up to 12 or 18 months in total. You have the option to be taken out of the recruitment process at any stage and fees are only payable for actual days worked as a result of our recommendation.

6. Cancellation Rights

6.1 You may cancel your subscription at any time by notifying us. You will not be entitled to any refund of any subscription fees that you have paid in advance, even if you cancel your subscription before the end of the relevant subscription period. If you cancel your subscription, you will remain registered on the Site and can continue to access the Site in the same way as any other registered user. However, you will not be able to access or use any features or functionality that are reserved to subscribers.

6.2 We may cancel your subscription at any time by notifying you if, in our reasonable opinion, you have committed a material breach of any of these terms and conditions or any of the terms and conditions set out in the applicable Website Terms of Use. For these purposes, if you fail to pay your subscription fee on time or if you breach any part of our Acceptable Use Policy, you will be deemed to be in material breach of these terms and conditions.

7. Our Liability

7.1 We will use reasonable efforts to ensure that the Site is available to you at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site, or an individual function or feature of the Site, may become unavailable from time to time if we are carrying out routine maintenance works or other works required in order to resolve an error in the Site or to otherwise change or upgrade the Site.

7.2 Our total aggregate liability to you under or in relation with these terms and conditions in any 12 month period, including (but not limited to) liability for breach of contract, misrepresentation (whether tortuous or statutory), tort (including but not limited to negligence) and breach of statutory duty, will not exceed the total subscription fees paid by you to us in that 12 month period.

7.3 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any responsibility for or liability arising out of any dealings you have with third parties that take place using or are facilitated by the Site; any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

- loss of income or revenue;

- loss of business;

- loss of profits or contracts;

- loss of anticipated savings;

- loss of data;

- loss of goodwill; and

- wasted management or office time.

7.4 Notwithstanding this, nothing in these terms and conditions will affect any liability we may have for:

- death or personal injury arising from our negligence or our liability;

- fraudulent misrepresentation or misrepresentation; or

- any other liability that cannot by law be excluded or limited.

8. Notices

Notices given under these terms and conditions must be in writing. For these purposes, writing includes email and other electronic communications. We will send notices to the address you provide when ordering your subscription, which you may update from time to time by updating your profile details on the Site. You will send notices to the address we give on the “About Us” section of the Site, which we may update from time to time by amending the Site.

9. Transfer of Rights and Obligations

You may not transfer, assign, charge or otherwise dispose of your rights or obligations arising under these terms and conditions, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations arising under these terms and conditions at any time.

10. Waiver

If we fail to exercise, or delay in exercising, a right, power or remedy provided by these terms and conditions or by law, this will not constitute a waiver of that right, power or remedy. If we waive a breach of any of these terms and conditions, this will not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

11. Severability

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.

12. Rights of Third Parties

A person who is not a party to this agreement may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.

13. Entire Agreement

13.1 These terms and conditions, together with the Website Terms of Use, the Acceptable Use Policy and any other document referred to in them together represent the entire agreement between us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13.2 Subject to clause 7.4, we each acknowledge that in entering into these terms and conditions we have not relied upon, and will have no rights or remedies (whether in tort, under statute or otherwise) in respect of any statements, collateral or other warranties, assurances, undertakings or representations (whether innocently or negligently made) by the other.

14. Our Right to Vary These Terms and Conditions

We may revise and amend these terms and conditions from time to time to reflect changes to the Site, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

15. Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction over any claim or dispute arising under or in connection with these terms and conditions.

Production Elite Website Terms & conditions

These terms and conditions apply to your use of this website (“Site”). Please read these terms and conditions carefully before you start to use the Site. By using the Site, you accept these terms and conditions and agree to be bound by them. If you do not agree to these terms and conditions, please do not use the Site.

We may revise these terms and conditions at any time by amending this page. Please check this page regularly to make sure you are aware of any changes. By continuing to use the Site, you will accept any changes and agree to be bound by them.

Information About Us

We are Production Elite and we operate a recruitment service for the Television Industry. The Production Elite website has been created and is managed by Zero One Design Ltd.

Accessing the Site

Subject to any other contractual obligations we may have to you, we reserve the right to withdraw or restrict your right to access the Site and the services that we offer through the Site at any time.

We will not be liable to you if for any reason the Site is unavailable at any time or for any period. You acknowledge that we may update and change the features and functionality on the Site from time to time.

We may restrict access to some parts of the Site, or the entire Site, to users who have registered with us. If we provide you with a user ID code or other password that allows you to access a restricted part of the Site, you must keep the password secret and ensure that it is not used without your authority. You will be responsible for any access to the Site using your password, even if the access is by another person. We may disable any password at any time if, in our opinion, you have failed to comply with any of these terms and conditions.

When using the Site, you must comply with the provisions of our Acceptable Use Policy. Failure to comply with the Acceptable Use Policy will be a material breach of these terms and conditions.

Intellectual Property Rights

Except where we expressly indicate otherwise, we are the owner or the licensee of all intellectual property rights in and to the Site and all material made available on the Site. All such rights are reserved.

You may print off and download extracts of any page from the Site for your own personal non-commercial use. However, you must not make any hard or digital copies of any materials that you have printed or downloaded from the Site available to any other person or modify them in any way. Where those materials include any illustrations, photographs, video or audio sequences or any graphics, you must not use them separately from any accompanying text. You must always acknowledge us (and any other identified contributors) as the authors of the materials that you have copied. At our request, you must (at our option) return to us or destroy any copies of the materials that you have made.

You must not use any part of the materials on the Site for commercial purposes without first obtaining a licence to do so from us and (where applicable) our licensors. You must not use any trade marks, trade or service names or logos displayed on the Site for any purpose without our prior permission.

Uploading Material to the Site

Certain parts of the Site may allow you to upload materials onto the Site, such as text and photographs.

If you do upload any materials onto the Site, you warrant that they comply with our Acceptable Use Policy and you will indemnify us against any and all costs, losses, damages and expenses (including administrative and legal expenses) that we may suffer or incur as a direct or indirect consequence of any breach of that warranty. We may remove any materials that you upload to the Site if, in our opinion, they do not comply with our Acceptable Use Policy (for example, if we think that you may not have the permission that you need from a third party in order to upload that material to the Site).

Any materials that you upload to the Site will be considered non-confidential and non-proprietary. You agree that we may use, copy, modify, distribute and disclose that material to third parties for any purpose as we see fit.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

Reliance on Information Posted

The materials displayed on the Site are provided “as is” and we make no representations or warranties as to their quality, completeness or accuracy. We exclude all liability (including but not limited to liability for negligence) for any loss or damage that you or anyone else may suffer from relying on any materials displayed on the Site.

The materials on the Site may be updated or changed from time to time. We are under no obligation to update any materials on the Site or to ensure that those materials are current. You should be aware that any of the materials on the Site may be out of date at any given time.

Our Liability

We will use reasonable efforts to ensure that the Site is available to you at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site, or an individual function or feature of the Site, may become unavailable from time to time if we are carrying out routine maintenance works or other works required in order to resolve an error in the Site or to otherwise change or upgrade the Site. Our total aggregate liability to you under or in relation with these terms and conditions in any 12 month period, including (but not limited to) liability for breach of contract, misrepresentation (whether tortuous or statutory), tort (including but not limited to negligence) and breach of statutory duty, will not exceed the total subscription fees (if any) paid by you to us in that 12 month period for a subscription to use the Site. Please note that separate terms and conditions will apply to any such subscription.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any responsibility for or liability arising out of any dealings you have with third parties that take place using or are facilitated by the Site; any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: 

- loss of income or revenue;

- loss of business;

- loss of profits or contracts;

- loss of anticipated savings;

- loss of data;

- loss of goodwill; and

- wasted management or office time.

Notwithstanding this, nothing in these terms and conditions will affect any liability we may have for:

- death or personal injury arising from our negligence or our liability;

- fraudulent misrepresentation or misrepresentation; or

- any other liability that cannot by law be excluded or limited.

Information About You

We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing.

Viruses, Hacking and Other Offences

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site (e.g. via a denial-of-service attack or a distributed denial-of service attack).

If you breach this provision, you may be committing a criminal offence. In the event of a breach, in addition to suspending or restricting your right to access the Site, we may report your actions to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

We will not be liable for any loss or damage caused by a denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site (or to your downloading of any materials displayed on the Site) or on any other website linked to it.

Links from the Site

Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Linking to the Site

You may link to the Site home page http://www.productionelite.co.uk, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it without our prior consent, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice to you.

Jurisdiction and Applicable Law

These terms and conditions will be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction over any claim or dispute arising under or in connection with these terms and conditions.

Production Elite Acceptable Use Policy

This Acceptable Use Policy sets out rules that you must follow when using this website (“Site”). Please read this Acceptable Use Policy carefully before you start to use the Site. By using the Site, you accept this Acceptable Use Policy and agree to be bound by it. If you do not agree to this Acceptable Use Policy, please do not use the Site.

We may revise this Acceptable Use Policy at any time by amending this page. Please check this page regularly to make sure you are aware of any changes. By continuing to use the Site, you will accept any changes and agree to be bound by them.

Information About Us

We are Production Elite and we operate a recruitment service for the Television Industry. The Production Elite website has been created and is managed by Zero One Design Ltd.

Prohibited Uses

You may use the Site only for lawful purposes. You may not use the Site:

- in any way that breaches any applicable law or regulation;

- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

- in any way that infringes the copyright or other intellectual property rights of us or any other person;

- for the purpose of harming or attempting to any person in any way;

- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out below;

- to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

- to send any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

In addition, you must not access without authority or interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site or any equipment or network or software owned or used by any third party.

Interactive Services

We may from time to time provide interactive services on the Site including, without limitation, chat rooms and bulletin boards (“Interactive Services”).

Where we do provide an Interactive Service, we will do our best to assess any possible risks for users (and, in particular, for minors). We will decide in each case whether it is appropriate for us to moderate the Interactive Service and if so, what kind of moderation is appropriate, in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service that we provide.

You are responsible for the manner in which you use any Interactive Service that we provide, including any material that you upload onto the Site using the Interactive Service. We expressly exclude liability for any loss or damage arising from the use of an Interactive Service by you in contravention of this Acceptable Use Policy, whether or not we moderate the Interactive Service.

Minors may only use Interactive Services that we provide if they have first obtained the consent of their parent or guardian. We advise parents who permit their children to use any Interactive Services that it is important that they communicate with their children about their safety online as, even where provided, moderation is not foolproof.

Content Standards

The following content standards apply to any and all material that you upload to the Site, whether via an Interactive Service or otherwise (“Contribution”). These Content Standards apply to each pat of any Contribution as well as to the Contribution as a whole.

Contributions must:

- where they state facts, be accurate;

- where they state opinions, be genuinely held; and

- comply with applicable laws in England and Wales and in any country from which they are posted.

Contributions must not:

- contain any material which is defamatory of any person;

- contain any material which is obscene, offensive or hateful;

- include any sexually explicit material;

- promote violence;

- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

- infringe any copyright, database right, trade mark right other intellectual property rights of any person;

- be likely to deceive any person;

- be made in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

- promote any illegal activity;

- be threatening, abuse or invade any person’s privacy, or cause needless anxiety;

- be likely to harass, upset, embarrass, alarm or annoy any person;

- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

- give the impression that they originate from us, if this is not the case; or

- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Breach and Remedies

If, in our absolute discretion, we think you have breached or are likely to breach this Acceptable Use Policy, we may:

- restrict or block your access to all or part of the Site on a temporary or permanent basis;

- take down any posting or material uploaded by you to the Site on a temporary or permanent basis;

- issue a warning to you;

- commence legal proceedings against you;

- disclose information about the breach to appropriate law enforcement authorities; and/or

- take any other action that we deem appropriate.

A breach of this Acceptable Use Policy will also amount to a material breach of the Terms of Use.

You will indemnify us against any and all costs, losses, damages and expenses (including administrative and legal expenses) that we may suffer or incur as a direct or indirect consequence of any breach by you of this Acceptable Use Policy.

Reporting Suspected Breaches

If you suspect there has been a breach of this Acceptable Use Policy by any third person, you can report the breach by contacting us at: info@productionelite.co.uk.
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