terms and conditions
1. printing.com resellers – Each printing.com outlet is owned and operated by printing.com reseller or failing to make payment by the time such payment is due) (a court or other competent authority to take the Website down then it may without (iv) involve itself in spamming, mail bombing, system fl ooding or anything
printing.com plc or individually owned and operated under licence from printing.com “Customer Delay”). any liability whatsoever to the customer and without giving any prior notice to the similar;
(UK Franchise) Ltd, a company registered in England and Wales (registered number
(b) Should work be suspended at the request of or delayed through any default of the
customer, take the Website in question down.
(v) provide any false or misleading information to the printing.com reseller or
04362849) whose registered offi ce is at Third Avenue, The Village, Trafford Park,
customer including a Customer Delay for a period of 30 days or more the printing. 16. Data Protection – By placing an order with the printing.com reseller, the over the Website;
Manchester M17 1FG (”PDC”). The particulars of ownership of each printing.com
com reseller shall then be entitled to payment in full for the work and/or services customer consents to its details being passed on to PDC for accounting and
outlet can be found at the premises of each licence holder or via the printing.com
ordered. marketing purposes. The details will be kept by PDC even after the customer’s trading
(vi) use the Website for chat pages, contests or any other high volume activities
website at: www.printing.com (the “PDC Website”).
(c) The printing.com reseller shall be entitled to payment in full before the Website
relationship with the printing.com reseller has terminated. PDC and the printing.com
without the express written permission of the printing.com reseller in question;
2. Price variation – Price estimates are based on the printing.com reseller’s current
will be on-line.
reseller may use the customer’s personal data to let customers know about goods (vii) permit anything to appear on the Website that is or could reasonably
costs of production and, unless otherwise agreed, are subject to amendment on or at and services similar to the goods or services provided to the customer previously and considered to be defamatory, politically extreme, immoral, obscene,
any time after acceptance, where such amendment is required in order to meet any 10. Claims – The Website will consist of those elements detailed on the Order Form any others matters that PDC or the printing.com reseller consider may be of interest blasphemous or which could otherwise reasonably be held to offend public
rise or fall in such costs. and the printing.com reseller shall be under no obligation whatsoever to provide to customers.
decency.
anything more (including any extra functionality) howsoever in respect of the Website
3. Tax – The printing.com reseller reserves the right to charge the amount of any
(including any network access) other than that detailed in the Order Form. Any claim
17. Force majeure – The printing.com reseller shall be under no liability (and shall
(g) The customer acknowledges and agrees that if the printing.com reseller in
value added tax payable whether or not included on the estimate or invoice.
that the elements detailed in the Order Form have not been provided must be made
not be obliged to refund all or part of any fees paid by the customer) if it shall be
question and/or PDC reasonably considers that the Website is being used for any
4. Preliminary work – All work carried out, whether experimentally or otherwise, at in writing to the printing.com reseller within 28 days of delivery. The printing.com
unable to perform any obligation which is owed by it to the customer for any reason
purpose that PDC and/or the printing.com reseller in question reasonably considers to
customer’s request shall be chargeable. reseller shall not be liable in respect of any claim if the claim in question is notifi ed
beyond his control including (without limiting the foregoing) Act of God, legislation,
be in breach of any of the above provisions or otherwise, in the common sense of the
war, fi re, fl ood, drought, failure of power supply, lock-out, strike or other action
word, improper, then it may without prior notice take down the Website in question
5. Copy – Where any additional work of whatever nature is necessary as a result of
outside the aforementioned timescale.
taken by employees in contemplation or furtherance of a dispute or owing to any
without incurring any liability whatsoever to the customer.
anything, including any copy supplied by a customer not being clear and/or legible, 11. Liability – The printing.com reseller gives no warranties or guarantees or makes inability to procure materials or services required for the performance of the contract,
the printing.com reseller shall be entitled to make additional charges on a time and any representations as to the merchantability or fi tness for a particular purpose of any loss of access to any network (including the internet) or any act or omission of
(h) The customer acknowledges and agrees that it is not envisaged that any Website
materials basis to cover such additional work. any completed work (including any Website and/or web booklet) the subject of a any ISP, Website host, or similar which arises other than as consequence of PDC being
will exceed such bandwidth as the printing.com reseller acting (having regard to
6. Proofs – Mock ups or proofs of all work may be submitted for customer’s approval
customer’s order and all other warranties, conditions, guarantees or representations, in breach of any agreement with the ISP or Website host (or similar) in question.
the size of the customer and the intended purpose of the Website and the fact that
and the printing.com reseller shall incur no liability for any errors not corrected by
whether express or implied, oral or in writing, except as expressly stated in these During the continuance of such a contingency the customer may by written notice to
it is envisaged that only low volumes of traffi c will be driven through the Website)
the customer in the mock ups or proofs so submitted. Additional charges shall be
terms and conditions are hereby excluded. Further, the printing.com reseller shall not the printing.com reseller elect to terminate the contract and pay for work done and
reasonably considers appropriate, to the extent that such bandwidth is materially
made for any additional mock ups or proofs that are required as a result of alterations
be liable for any indirect, special or consequential damages, loss of profi ts, economic materials used, but subject thereto shall otherwise accept delivery when available.
exceeded and/or is regularly exceeded PDC may, without prior notice take down the
Website in question, without incurring any liability whatsoever to the customer.
required by the customer. When style, type or layout is left to the printing.com
loss, loss of goodwill or loss of anticipated savings or loss of data including any
18. Variation to Terms and Conditions – These terms and conditions may be
reseller’s discretion, any subsequent changes to such style, type or layout required by
data stored on or accessible through a Website. The total aggregate liability of the
amended by the printing.com reseller and/or PDC from time to time (but not for
(i) The customer acknowledges and agrees that in respect of Update Centre, it will
the customer shall be subject to additional charges on a time and materials basis.
printing.com reseller in respect of any and all causes of action arising out of or in
connection with the customer’s order and the printing.com reseller’s performance
the avoidance of doubt by any customers). The latest version of these terms and
be provided with a password and it must keep that password confi dential to ensure
7. Copyright – (a) Unless negotiated and agreed in writing, the copyright of general of services pursuant to such order (whether for breach of contract, strict liability,
conditions may be accessed via the PDC Website.
that no unauthorised person accesses Update Centre. In this regard, the customer
shall indemnify and hold PDC and the printing.com reseller and all their agents
artwork, commissioned artwork and illustrations and anything else whatsoever tort (including, without limitation, negligence), misrepresentation or otherwise) 19. Websites and Website Services
and representatives harmless against all claims, demands, actions, costs, expenses
(including any code text and/or content) prepared, developed or created by the shall (subject to the provisions of paragraph 10) be limited to the sums paid to the (a) The customer acknowledges and agrees that any code, software, content,
(including, but not limited, to legal costs and disbursements), losses and damages
printing.com reseller including in connection with any website and/or web booklet printing.com reseller by the customer in respect of the order pursuant to which graphics, visuals and the look and feel of any Website (”the PDCWS IP”) shall, as
arising from or suffered or incurred by reason of any unauthorised access to Update
created by any printing.com reseller (”a Website”) shall vest in and belong to the liability has arisen. Nothing in these terms and conditions shall be construed so as to between the customer and the printing.com reseller, belong to either the printing.
Centre.
printing.com reseller. The printing.com reseller may use any artwork or printing or limit or exclude liability which cannot, pursuant to English Law, be excluded or limited com reseller or PDC. Further, save as expressly granted under the contract with a
website produced by itself for the purposes of promoting itself and/or PDC. The including for death or personal injury or liability in respect of fraud or fraudulent printing.com reseller, the customer shall have no right or licence whatsoever in or to
(j) The customer acknowledges and agrees that the printing.com reseller in question
customer shall be responsible for obtaining all necessary authorities and consents misrepresentation. the PDC WS IP.
will have no liability for any element of the Website that was not created by it or
to reproduce pictures, artwork, photographs, copyright text and/or any other
on its behalf or which was supplied by the customer and further, the customer
reproducible materials (”Materials”) prior to instructing the printing.com reseller
12. Customer’s property – The customer’s property and all property supplied to the (b) The customer acknowledges and agrees that whilst the printing.com reseller
acknowledges and agrees that the PDC reseller shall only be liable in respect of any
to reproduce the same. The customer shall indemnify and hold PDC, the printing.
printing.com reseller by or on behalf of the customer shall while it is in the possession will use its reasonable endeavours to ensure that the Website is, otherwise than for
inaccuracy of any element of the Website that has been created by it or on its behalf
com reseller and all of their agents and representatives harmless against all claims,
of the printing.com reseller or in transit to or from the customer be deemed to be maintenance (whether routine, planned or emergency) accessible at all times, it gives
if having been notifi ed of such inaccuracy, which notifi cation must be within 28 days
demands, actions, costs, expenses (including but not limited to legal costs and
at customer’s risk unless otherwise agreed and the customer should insure such no warranty whatsoever that the Website will be accessible either in whole or in part
of delivery, the printing.com reseller in question has, after having been supplied with
disbursements), losses and damages arising from or suffered or incurred by reason of
property accordingly. or otherwise “on line” for any period of time or that access will be uninterrupted or
everything it reasonably requests from the customer, failed to rectify the inaccuracy
any claim (including but not limited to the defence of such claim) that the use and/ 13. Credit terms and payment – For invoices not settled within the agreed credit
secure.
within seven days of being so notifi ed and then the extent of the PDC reseller’s
or reproduction of the Materials by the printing.com reseller infringes the intellectual terms or for payments returned unpaid (such as cheques, credit cards or similar), the (c) Web booklets are hosted by Yudu Limited. The customer acknowledges and agrees
liability in respect of such liability shall be governed by these terms and conditions.
property or other rights of any third party or misuses the confi dential information of printing.com reseller reserves the right to charge interest at the statutory rate from it has read, understands and agrees to be bound by Yudu’s Terms of Use (which
(k) As regards the provision of the Website and any related services by the printing.
a third party. time to time in force and an administration fee to cover its debt recovery costs and can be found on Yudu’s website www.yudu.com/info/terms-and-conditions) and
com reseller, any words and phrases which have a customarily accepted meaning
(b) All design, text, illustrations, graphics, photographs, diagrams, drawings, logos
any other costs relating to the collection of payment. the customer further acknowledges and agrees that provisions equivalent to such
within the IT industry shall have that meaning unless stated otherwise.
and the selection and arrangement thereof, and all source code and all other material 14. Insolvency – If the customer ceases to pay its debts in the ordinary course of
terms of use are deemed incorporated into these terms and conditions. Accordingly,
content of any Website owned, controlled or operated by PDC and PDC’s Buying business or cannot pay its debts as they become due or being a company is deemed
the customer acknowledges and agrees that a breach of Yudu’s Terms of Use shall
20. Severability – If any provision of these terms and conditions is held by a court of
Guide and PDC’s Marketing Collateral are the intellectual property of printing.com to be unable to pay its debts or has a winding-up petition issued against it or being a
therefore constitute a breach of these terms and conditions.
competent jurisdiction to be invalid, void or unenforceable the remaining provisions
shall nevertheless continue in full force without being impaired or invalidated in
plc or its content providers and as between PDC and the customer all intellectual person commits an act of bankruptcy or has a bankruptcy petition issued against it, (d) Once published on-line amendments to all web booklets are chargeable. The
any way.
property rights (including all copyright) arising out of or connected with such the printing.com reseller without prejudice to other remedies shall (i) have the right customer acknowledges and agrees that PDC’s ability to amend web booklets is
content shall belong to PDC. No reproduction of any part is allowed without written not to proceed further with the contract or any other work for the customer and entirely dependant on PDC having the benefi t of the necessary third party licences,
21. Invalidity of other terms – Unless expressly agreed to in writing, no other
permission. be entitled to charge for work already carried out (whether completed or not) and which licences may be ended at any time and accordingly, if PDC loses the benefi t of
terms (including those contained on any purchase order supplied by a customer) nor
8. Company imprint – Anything created by or on behalf of the printing.com reseller
materials purchased for the customer, such charge to be an immediate debt due to such licences it will not be under any obligation to amend any web booklet.
any representation will form part of any contract between the printing.com reseller
in question and the customer and these terms and conditions will, in absence of
for or on behalf of the customer may carry the PDC imprint and / or text linked to any
the printing.com reseller, and (ii) in respect of all unpaid debts due from the customer
(e) The customer will have access to certain of PDC’s proprietary software (”Update
any written agreement between the printing.com reseller and the customer stating
Website owned or operated by or on behalf of PDC which will be positioned at the
have a general lien on all goods and property in the printing.com reseller’s possession
Centre”) that allows the customer to update the content of the Website (excluding
otherwise, represent the entirety of the terms of such contract.
printing.com reseller’s discretion.
(whether worked on or not) and shall be entitled on the expiration of 14 days’
web booklets). However, the printing.com reseller reserves the right to, without
notice to dispose of such goods or property in such manner and at such price as the
9. Delivery and payment – Delivery shall occur on the completion of the creation
incurring any liability whatsoever to the customer, deny such access and/or otherwise
22. Notice – Any notice to be required to be served under any contract between the
printing.com reseller thinks fi t and to apply the proceeds towards such debts.
by the printing.com reseller of the number of web pages as set out in the order form
and without giving any reason therefore to cease making Update Centre available.
printing.com reseller in question and the customer shall be in writing and delivered
personally or sent by fi rst class prepaid post to, in the case of the printing.com
at which point the printing.com reseller shall be entitled to payment in full (and
15. Illegal matter – (a) The printing.com reseller shall not be required to produce all
(f) The customer agrees that in respect of the Website it will not:
reseller in question, the address of the outlet operated by the printing.com reseller
accordingly the printing.com reseller in question will be entitled to payment in full
or any part of a Website (including any text and/or graphics appearing on a Website)
(i) do any illegal act including without limitation, drug dealing, violation of
in question and, in the case of the customer, to the address of the customer detailed
before the Website comes on-line). The customer acknowledges and agrees that
which in its opinion is or may be of an illegal, libelous, immoral, blasphemous, morally
national export restrictions, harassment, fraud, traffi cking in obscene material,
in the order form. Any such notice shall be deemed properly served, in the case of
whilst the printing.com reseller in question will agree with the customer an estimated
offensive, politically extreme, obscene or fraudulent nature or an infringement of the
distributing viruses, trojan horses or any other similar harmful or deleterious
personal delivery on delivery and in the case of posting two working days after the
date by which the Website will be “on-line” such a date is only an estimate and time
intellectual property or other rights or any third party (”Offending Matter”). (b) The
programming routines;
date of posting.
is not of the essence as regards the Website coming on-line and accordingly, the
customer shall indemnify and hold PDC and the printing.com reseller and all their
printing.com reseller shall have no liability to the customer if the Website isn’t on-line
agents and representatives harmless against all claims, demands, costs, expenses
(ii) do any act which either PDC or the printing.com reseller in question has
23. Law – These terms and conditions and all other express terms of the contract
by such estimated date. The customer will still be obliged to pay in full for the order in
(including but not limited to legal costs and disbursements), losses and damages with customers shall be governed and construed in accordance with English law.
reasonably requested the customer not to do;
respect of which delivery was after the estimated delivery date. In addition:
arising from or suffered or incurred by reason of the work it is required to produce English Courts shall have jurisdiction in relation to any matters arising in connection
pursuant to a customer order being or becoming Offending Matter. (c) Without (iii) do or attempt to do any act which violates any system or network security with any contract between the printing.com reseller and the customer into which
(a) These services rely on the customer not delaying the progress of the order in prejudice to any other right or remedy the printing.com reseller may have under these which, without limitation, shall include unauthorised access and/or probing or
these terms are incorporated.
any way (which delays include but are not limited to the customer not approving terms and conditions or at law, in the event that the printing.com reseller in question
scanning of the system security and/or hacking;
proofs or mock ups or failing to provide copy or content by the time specifi ed by the reasonably believes that any Website contains Offending Matter or if required by any
34
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36