Terms & Conditions
(a) These services rely on the customer not delaying the progress of the order in any way (which delays include but are not
limited to the customer not approving proofs or mock ups or failing to provide copy or content by the time specified by the
printing.com reseller or failing to make payment by the time such payment is due) (a “Customer Delay”).
1. printing.com resellers – Each printing.com outlet is owned and operated by printing.com plc or individually owned and
(b) Should work be suspended at the request of or delayed through any default of the customer including a Customer Delay for
operated under licence from printing.com (UK Franchise) Ltd, a company registered in England and Wales (registered number
a period of 30 days or more the printing.com reseller shall then be entitled to payment in full for the work and/or services ordered.
04362849) whose registered office is at Third Avenue, The Village, Trafford Park, Manchester M17 1FG (”PDC”). The particulars
of ownership of each printing.com outlet can be found at the premises of each licence holder or via the printing.com website (c) The printing.com reseller shall be entitled to payment in full before the Website will be on-line.
at: www.printing.com (the “PDC Website”).
10. Claims – The Website will consist of those elements detailed on the Order Form and the printing.com reseller shall be under
2. Price variation – Price estimates are based on the printing.com reseller’s current costs of production and, unless otherwise no obligation whatsoever to provide anything more (including any extra functionality) howsoever in respect of the Website
agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet (including any network access) other than that detailed in the Order Form. Any claim that the elements detailed in the Order
any rise or fall in such costs. Form have not been provided must be made in writing to the printing.com reseller within 28 days of delivery. The printing.com
reseller shall not be liable in respect of any claim if the claim in question is notified outside the aforementioned timescale.
3. Tax – The printing.com reseller reserves the right to charge the amount of any value added tax payable whether or not
included on the estimate or invoice. 11. Liability – The printing.com reseller gives no warranties or guarantees or makes any representations as to the merchantability
or fitness for a particular purpose of any completed work (including any Website) the subject of a customer’s order and all other
4. Preliminary work – All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated
5. Copy – Where any additional work of whatever nature is necessary as a result of anything, including any copy supplied by in these terms and conditions are hereby excluded. Further, the printing.com reseller shall not be liable for any indirect, special
a customer not being clear and/or legible, the printing.com reseller shall be entitled to make additional charges on a time and or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data including
materials basis to cover such additional work. any data stored on or accessible through a Website. The total aggregate liability of the 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
6. Proofs – Mock ups or proofs of all work may be submitted for customer’s approval and the printing.com reseller shall incur
of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence),
no liability for any errors not corrected by the customer in the mock ups or proofs so submitted. Additional charges shall be
misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to the printing.com
made for any additional mock ups or proofs that are required as a result of alterations required by the customer. When style,
reseller by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions
type or layout is left to the printing.com reseller’s discretion, any subsequent changes to such style, type or layout required by
shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including
the customer shall be subject to additional charges on a time and materials basis.
for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
7. Copyright – (a) Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and
12. Customer’s property – The customer’s property and all property supplied to the printing.com reseller by or on behalf of
illustrations and anything else whatsoever (including any code text and/or content) prepared, developed or created by the
the customer shall while it is in the possession of the printing.com reseller or in transit to or from the customer be deemed to
printing.com reseller including in connection with any website created by any printing.com reseller (”a Website”) shall vest in
be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
and belong to the printing.com reseller. The printing.com reseller may use any artwork or printing or website produced by itself
for the purposes of promoting itself and/or PDC. The customer shall be responsible for obtaining all necessary authorities and 13. Credit terms and payment – For invoices not settled within the agreed credit terms or for payments returned unpaid
consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (”Materials”) prior (such as cheques, credit cards or similar), the printing.com reseller reserves the right to charge interest at the statutory rate from
to instructing the printing.com reseller to reproduce the same. The customer shall indemnify and hold PDC, the printing.com time to time in force and an administration fee to cover its debt recovery costs and any other costs relating to the collection
reseller and all of their agents and representatives harmless against all claims, demands, actions, costs, expenses (including but of payment.
not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim
14. Insolvency – If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they
(including but not limited to the defence of such claim) that the use and/or reproduction of the Materials by the printing.com
become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being
reseller infringes the intellectual property or other rights of any third party or misuses the confidential information of a third
a person commits an act of bankruptcy or has a bankruptcy petition issued against it, the printing.com reseller without prejudice
party.
to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be
(b) All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such
and all source code and all other material content of any Website owned, controlled or operated by PDC and PDC’s Buying charge to be an immediate debt due to the printing.com reseller, and (ii) in respect of all unpaid debts due from the customer
Guide and PDC’s Marketing Collateral are the intellectual property of printing.com plc or its content providers and as between have a general lien on all goods and property in the printing.com reseller’s possession (whether worked on or not) and shall
PDC and the customer all intellectual property rights (including all copyright) arising out of or connected with such content be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as the
shall belong to PDC. No reproduction of any part is allowed without written permission. printing.com reseller thinks fit and to apply the proceeds towards such debts.
8. Company imprint – Anything created by or on behalf of the printing.com reseller for or on behalf of the customer may 15. Illegal matter – (a) The printing.com reseller shall not be required to produce all or any part of a Website (including any
carry the PDC imprint and / or text linked to any Website owned or operated by or on behalf of PDC which will be positioned text and/or graphics appearing on a Website) which in its opinion is or may be of an illegal, libelous, immoral, blasphemous,
at the printing.com reseller’s discretion. morally offensive, politically extreme, obscene or fraudulent nature or an infringement of the intellectual property or other rights
or any third party (”Offending Matter”). (b) The customer shall indemnify and hold PDC and the printing.com reseller and all
9. Delivery and payment – Delivery shall occur on the completion of the creation by the printing.com reseller of the number of
their agents and representatives harmless against all claims, demands, costs, expenses (including but not limited to legal costs
web pages as set out in the order form at which point the printing.com reseller shall be entitled to payment in full (and accordingly
and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce
the printing.com reseller in question will be entitled to payment in full before the Website comes on-line). The customer acknowledges
pursuant to a customer order being or becoming Offending Matter. (c) Without prejudice to any other right or remedy the
and agrees that whilst the printing.com reseller in question will agree with the customer an estimated date by which the Website
printing.com reseller may have under these terms and conditions or at law, in the event that the printing.com reseller in question
will be “on-line” such a date is only an estimate and time is not of the essence as regards the Website coming on-line and accordingly,
reasonably believes that any Website contains Offending Matter or if required by any court or other competent authority to
the printing.com reseller shall have no liability to the customer if the Website isn’t on-line by such estimated date. The customer
take the Website down then it may without liability to the customer and without giving any prior notice to the customer, take
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will still be obliged to pay in full for the order in respect of which delivery was late. In addition:
the Website in question down.
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