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getprinted.co.uk STANDARD CONDITIONS OF CONTRACT-SALE OF SERVICES These terms and conditions shall govern the contract between the Company trading as (getprinted.co.uk Ltd) and our Clients. These Terms and Conditions supersede any previous terms and conditions distributed in any form. getprinted.co.uk reserves the right to change any rates and any of the terms and conditions at any time and without prior notice . 1. SCOPE OF CONTRACT (a) getprinted.co.uk and its suppliers, provides printing, advertising, web consultancy, design advice and any services relating to the marketing of the ClientÕs goods and/or services and:- (i) may on request pitch/tender for such work (a P'itch") and/or (ii) will provide such advice in accordance with a brief agreed in writing ("the Service") (b) In the event of an unsuccessful Pitch the Client will not use any designs, documents, concepts, ideas, or any information provided as part of the Pitch and return all materials delivered to it as part of the Pitch immediately upon notification of an unsuccessful pitch or tender. (c) If the Client shall have any complaint about the quality of the Service or goods provided as part of the Service then notice shall be given in writing to getprinted.co.uk within 7 days of delivery. In the absence of such notification the Client shall be deemed to have accepted the supply. 2. CLIENT'S DUTY TO PROVIDE INFORMATION The Client shall be solely responsible for providing getprinted.co.uk with all necessary information concerning its goods/services, the Service (including the scope of use required), the market and generally getprinted.co.uk shall not be responsible for any shortcomings in such information. The Client accepts that its knowledge and experience in its industry sector and the manufacture, processing and packaging of its goods/services is vital in this regard. The client agrees to getprinted.co.uk definition of acceptable means of supplying data to the company. Text is to be supplied to getprinted.co.uk in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by getprinted.co.uk via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and getprinted.co.uk will not be held responsible for any image quality which the client later deems to be unacceptable. getprinted.co.uk cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services. 3. RIGHTS OF REFUSAL getprinted.co.uk will not include in its designs, any text, copy, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. getprinted.co.uk also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that getprinted.co.uk does include in all good faith, and then finds out that it contravenes these terms and conditions, the customer is obliged to allow getprinted.co.uk to remove the contravention without hindrance, or penalty. getprinted.co.uk is to be held in no way responsible for any such data being included. 4. DELIVERY AND PROJECT DURATION Any delivery times of the Service stated by getprinted.co.uk are reasonable estimates and getprinted.co.uk shall not be responsible for any delay that is not directly attributable to the fault of getprinted.co.uk. Time shall not be of the essence of the contract unless it is expressly agreed in writing. Any indication given by getprinted.co.uk of a design project's duration is to be considered by the customer to be an estimation. getprinted.co.uk cannot be held responsible for any project over-runs, whatever the cause. 5. CONTRACT PRICES/TITLE (a) The Contract Price, quote, estimate or invoice is made up of printing and related services, design studio costs with additional charges for extras and modifications, expenses, third party costs, handling charges, VAT, local taxes etc. At the time of proposal, getprinted.co.uk may provide the customer with a written estimate or quotation if requested. The client can accept and order by any means, verbally, by email or by sending an official order in reply to the estimate or quotation which binds the client to accept getprinted.co.uk's terms and conditions. (b) Any estimate for a whole or part of the Contract Price shall remain valid for 1 month and is given in good faith and shall be treated as an estimate only and all errors and omissions shall be accepted. (c) The customer will be provided with an Invoice either before, part way through or at the end of a project. At this time any amount due will become payable and the customer will be required to pay in full within 30 days. Any queries regarding invoices should be brought to our attention within 7 days. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 2% per month of the outstanding amount. Payments may be made by PayPal, BACS (Bank details available upon request), or (for overseas customers), £ Sterling international money order or previously agreed electronic funds transfer. Publication and/or release of work produced by getprinted.co.uk on behalf of the client, may not take place before cleared funds have been received. Returned monies will incur an additional fee of £50 per returned item and interest at standard bank rates. getprinted.co.uk reserves the right to consider an account to be in default in the event of a returned payment. An account may be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned payment. getprinted.co.uk shall be considered entitled to remove the customerÕs material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, printing, design and artwork, sub-contractors, illustrators, photographers and image libraries, hosting, domain registration and search engine submission. Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay getprinted.co.uk reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions. (d) Title to or license to use any property or intellectual property forming part of the Service shall pass to the Client when and only when the full Contract Price for the Service has been paid. Charges for any additional services over and above the estimated design and as supplied, will become fully payable upon notification of such by getprinted.co.uk to the client. Any printing, design, copywriting, drawing, idea or code created for the customer by getprinted.co.uk, or any of it's contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of getprinted.co.uk and any of it's relevant sub-contractors. All printing or design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. getprinted.co.uk will not be held responsible for any and all damages resulting from such claims. getprinted.co.uk is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold getprinted.co.uk responsible for any such loss or damage. (e) Where the Contract is quoted in stages then each stage shall be undertaken in accordance with these conditions and getprinted.co.uk shall be entitled to be paid upon completion of each stage. (f) getprinted.co.uk may, at its discretion, invoice up to 100 percentage of the total estimated fees and/or costs in advance and getprinted.co.uk reserves the right not to commence work until this has been settled. (g) All approved third party costs may be invoiced prior to commissioning and getprinted.co.uk reserves the right to wait until such costs have been paid before commencing work. (h) The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the initial design will be liable to a separate charge. The customer also agrees that getprinted.co.uk holds no responsibility for any amendments made by any third party, before or after a design is published. 6. COPYRIGHTS AND TRADEMARKS By supplying text, images and other data to getprinted.co.uk for inclusion in the customer's marketing or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. By supplying images, text, or any other data to getprinted.co.uk, the customer grants getprinted.co.uk permission to use this material freely in the pursuit of the design. Should getprinted.co.uk, or the customer supply an image, text, audio clip or any other file for use in a print item, exhibition, advertisement, website, multimedia presentation or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow getprinted.co.uk to remove and/or replace the file. The customer agrees to fully indemnify and hold getprinted.co.uk free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions. 7. INTELLECTUAL PROPERTY (a) Graphic Designs (including electronically displayed designs) Licence of work produced by getprinted.co.uk shall pass to the client upon conditional payment of fees in full under the terms of contract, the licence is only exclusive to the client in these terms and conditions. Any rights in the licence will only apply to the final design chosen by the Client for implementation. (b) Reservation of Technical and Artistic Concepts. getprinted.co.uk will not infringe the Client's rights in the Final Graphic Design but reserves exclusive right to use all other designs software concepts ideas or intellectual property developed during the course of the Service. (c) Multi Designs. If more than one design is chosen by the Client and this was not provided for in the agreed brief for that Service an additional fee will be payable by the Client at our discretion. (d) Sub-contractors Intellectual Property. Usage restrictions may also be appropriate with regards to sub-contracted services such as illustration, photography, stock shots etc. which getprinted.co.uk have purchased or hired on behalf of the client. Appropriate licences may need to be paid for, negotiated or extended for use by the client. The client should consult the agency before any work is used for any other means than the final project created by getprinted.co.uk Photographers, Agents and illustrations etc. may require work to be appropriately credited. Sub-contractors such as illustrators may require the return of original artwork. (e) Originality. getprinted.co.uk warrants that its own design work is original and that it will not knowingly or negligently infringe the rights or intellectual property of a third party but (unless expressly agreed to the contrary) it is under no obligation to make any enquiry in this respect and save to the extent that it is in breach of this warranty it shall have no liability to the Client in respect of any infringement or alleged infringement of intellectual property or passing off. (f) Further Assurance. getprinted.co.uk will on demand and at the cost of the Client execute such reasonable documents and do such reasonable things as are necessary to give effect to this clause. (g) getprinted.co.uk asserts its moral rights (the statutory right to be identified as the author of work and not to have work treated in a derogatory manner) in work arising in respect of the performance of the Service. 8. CANCELLATION OF CONTRACT (a) The client can cancel a contract at any time but remains responsible for the payment of all work up to the date of cancellation as well as for forward bookings or other, which cannot be cancelled or otherwise utilised. Licence to use any work created by getprinted.co.uk upon cancellation by the client will only pass upon payment in full. The balance of all monies due must be paid immediately upon invoice. (b) getprinted.co.uk shall be entitled to terminate the Contract if any part of the Contract Price is outstanding (and not disputed) 7 days after the due date or if the Client shall go into liquidation, receivership or equivalent or if it shall enter into an agreement with its creditors for any reason or if in the reasonable opinion of the Agency the continued association of getprinted.co.uk with the Client or the particular project or work upon which getprinted.co.uk is engaged at the time is or might be damaging to the goodwill and reputation of getprinted.co.uk. 9. DUTY OF CONFIDENTIALITY Each party will use its best endeavours to preserve the confidential information of the other and will comply with the other's reasonable requirements in this regard. The Client recognises that getprinted.co.uk.'s method of working and pricing structures are proprietary and are not generally in the public domain. 10. CLIENT'S RESPONSIBILITY FOR IMPLEMENTATION (b) Failure to consult getprinted.co.uk on implementation, printing specifics etc. may result in unsatisfactory implementation. (c) In the case of electronically displayed designs, clients are reminded that they may need to obtain relevant licences for the use of proprietary software. (d) When required as part of the Service getprinted.co.uk will advise on implementation based upon normal production methods and techniques and upon information provided by the Client. No warranty or representation is given concerning implementation by the client or 3rd parties. 11. LIMITATION OF LIABILITY getprinted.co.uk makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. getprinted.co.uk shall not be responsible for any errors apparent in artwork, copy or proofs that have been signed off by or on behalf of the Client. getprinted.co.uk will not be held responsible for any and all damages resulting from products and/or services it supplies. getprinted.co.uk is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold getprinted.co.uk responsible for any such loss or damage. Any claim against getprinted.co.uk shall be limited to the relevant fee(s) paid by the customer. getprinted.co.uk reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. getprinted.co.uk will not knowingly perform any actions to contravene these and the client also agrees to be so bound. getprinted.co.uk and its clients agree to comply with printers terms and conditions which sometimes include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. The Client accepts reasonable tolerances in relation to the Service including in respect of, inter alia, printing, paper quality and colour. getprinted.co.uk recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed. Any complaints regarding any part of our service should be brought to our attention as soon as possible, or within 7 days of invoice. 12. PUBLICITY AND EXAMPLES When the Services are in the public domain the Agency shall have rights of reasonable publicity and if so requested the Client shall provide getprinted.co.uk with 6 free samples of the work of in use. The customer agrees to allow getprinted.co.uk to place a small credit on printed material, exhibition displays, advertisements and/or a link to getprinted.co.uk's own website or on the customer's website unless specifically notified otherwise. This will usually be in the form of a small logo or line of text placed subtly on the final artwork unless requested not to do so. The customer also agrees to allow getprinted.co.uk to place websites and other designs, along with a link to the client's site on a website for demonstration purposes and to use any designs in its own publicity. 13. RESTRICTION Reasonable restrictions on the approaching of employees or offering to engage employees or dealing direct with sub-contractors or suppliers for a limited period of time after contractual relations have come to an end may be required. 14. LEGAL (a) The contract shall be subject to English law and the parties submit to the non-exclusive jurisdiction of the English courts. (b) getprinted.co.uk is a trading name of Gavin Willis Art Direction Ltd. (Company Number 06119883) whose registered office is at 9 Brookfield, Duncan Close, Moulton Park, Northampton. NN3 6WL (c) Any of these provisions which may be unenforcable shall be (to that extent) be severable and shall not effect the meaning or enforceability of any other provision. 15. ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS The placement of an order or brief for design and/or any other services offered by getprinted.co.uk constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a contract for business between the customer and getprinted.co.uk. ADDITIONAL WEB DESIGN AND E-MARKETING TERMS AND CONDITIONS These terms act in addition to the Standard Conditions of contract-sale of services as above and relate to Clients whom appoint us to produce web related projects. 1. WEB DESIGN AND E-MARKETING Once web design or e-marketing is completed to stage one, getprinted.co.uk will provide the customer with the opportunity to review the resulting work. getprinted.co.uk will make one sets of minor changes at no extra cost within the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to main design, images, colour schemes or any navigation features. Any minor changes can be notified to getprinted.co.uk by e-mail, fax or phone. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, getprinted.co.uk cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of getprinted.co.uk until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by getprinted.co.uk remain the copyright of getprinted.co.uk and may only be commercially reproduced or resold with the permission of getprinted.co.uk. The client is expected to test fully any application or programming relating to a site developed by getprinted.co.uk before being made generally available for use. Where 'bugs', errors or other issues are found after the site is live, getprinted.co.uk will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. 2. HOSTING WEBSITES getprinted.co.uk does not offer in-house hosting services. getprinted.co.uk can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. getprinted.co.uk may request that clients change the type of hosting account used if that account is deemed by getprinted.co.uk to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Where applications or sites are developed on servers not recommended by getprinted.co.uk, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment. Fees due to the hosting organisation are the responsibility of the client and getprinted.co.uk are not liable for their payment unless pre-arranged. 3. DOMAIN REGISTRATION getprinted.co.uk cannot guarantee the availability of any domain name. Where getprinted.co.uk is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration. 4. DATABASE, APPLICATION AND E-COMMERCE DEVELOPMENT getprinted.co.uk cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. 5. COMPATIBILITY getprinted.co.uk will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with normal web browsing software. getprinted.co.uk can offer no guarantees of correct function with all browser software. 6. SEARCH ENGINE SUBMISSION Due to the infinite number of considerations that search engines use when determining a site's ranking, getprinted.co.uk cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. 7. E-COMMERCE LAWS AND REQUIREMENTS The clients of getprinted.co.uk agrees to abide by, and comply with all regulations and laws. getprinted.co.uk is not responsible for the content of the Customer's information, and reserves the right to terminate this contract if the Customer's actions or information content is questioned by the law. The Client agrees that they are solely responsible for complying all such laws and will hold harmless, protect, and defend getprinted.co.uk and its subcontractors from any claim, suit, penalty, tax or tariff arising from the Customer's exercise of Internet electronic commerce. To our knowledge there are three major acts and directives that Clients may need to comply with. These acts and directives areÉ Data Protection Act 1998 - need to register with the DPA, Distance Selling Act 2000, Ecommerce Directive 2002, Data Protection. (a) Clients must register under the Data Protection Act if they collect any kind of information about people, these could be customers, employees or potential customers. This information includes names, addresses, telephone numbers and email addresses. (b) Clients must state what they do and intend to do with their subjectÕs data and not deviate from that statement. (c) The Act applies to any size of business. (d) Clients must not export the personal data outside the EC (European Community) without permission from the people you are collecting data on. (e) Clients must ensure that all information is held securely and must be revealed or deleted upon request from the subjects of the information. (f) Clients must only record data which is pertinent to their prime business needs. 8. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS The Consumer Protection (Distance Selling) Regulations 2000 apply to many ecommerce websites. However, they are not applicable to 'business-to-business' transactions. (a) Clients must provide clear information about your products and services before purchase. (b) Clients must be clear about postage and packing costs and whether VAT or any other tax is included in the prices shown on their website. (c) Clients must provide a written confirmation of order following purchase, for example a confirmation email. (d) Clients must allow a 'cooling off' period where by the customer can change their mind and cancel or return the order within 7 working days for most goods. Certain exclusions do apply with items such as perishable and digital goods. (e) Clients must inform their customers of their right to cancel their order with no loss other than return postage and packing. 9. ECOMMERCE DIRECTIVE (a) Clients must display the name of their business, the company registration number (or proprietor's name), geographical address (not a PO Box number), contact information e.g., telephone number and email address, VAT registration number (if registered). (b) Clients may refer to trade or professional schemes if applicable. (c) Clients must provide clear information on price, tax and delivery to buyers. (d) Clients must clearly display their site's Terms and Conditions. (e) Clients must acknowledge all orders. (f) In commercial communication with clients customers, they must clearly identify any electronic communication designed to promote their goods or services. (g) Clients must clearly identify the sender of all electronic communication. (h) Clients must clearly define any promotional offers and the qualifying conditions regarding these offers. At getprinted.co.uk we strive for perfection. If on receipt of your print consignment you are anything less than delighted with the finished work please advise us straightaway. Your issue will be investigated urgently and quickly resolved. Where the problem is clearly something that can be attributed to getprinted.co.uk we will re-print the job, send out replacement printing, and recover the defective batch. In the event that re-printing is not an option we will instead either recover the defective work and credit you in full or, where appropriate, negotiate a partial credit to compensate for less than perfect but useable goods. Where the cause of the problem cannot solely be attributed to getprinted.co.uk we will seek to find a compromise remedy with you, either crediting the job in part or re-printing at a reduced cost. Where the problem can be fully attributed to you, getprinted.co.uk shall not accept liability in any part. In the unlikely event that a satisfactory resolution can not be found between us, getprinted.co.uk will accept the resolution recommended by a third party arbiter. The arbiter being an independent third person accepted by us both. |







