16. Data Protection – By placing an order with the printing.com reseller, the customer consents to its details being passed (g) The customer acknowledges and agrees that if the printing.com reseller in question and/or PDC reasonably considers that
on to PDC for accounting and marketing purposes. The details will be kept by PDC even after the customer’s trading relationship the Website is being used for any purpose that PDC and/or the printing.com reseller in question reasonably considers to be in
with the printing.com reseller has terminated. PDC and the printing.com reseller may use the customer’s personal data to let breach of any of the above provisions or otherwise, in the common sense of the word, improper then it may, without prior
customers know about goods and services similar to the goods or services provided to the customer previously and any others notice, take down the Website in question without incurring any liability whatsoever to the customer.
matters that PDC or the printing.com reseller consider may be of interest to customers.
(h) The customer acknowledges and agrees that it is not envisaged that any Website will exceed such bandwidth as the
17. Force majeure – The printing.com reseller shall be under no liability (and shall not be obliged to refund all or part of any printing.com reseller acting (having regard to the size of the customer and the intended purpose of the Website and the fact
fees paid by the customer) if it shall be unable to perform any obligation which is owed by it to the customer for any reason that it is envisaged that only low volumes of traffic will be driven through the Website) reasonably considers appropriate, to
beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power the extent that such bandwidth is materially exceeded and/or is regularly exceeded PDC may, without prior notice take down
supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability the Website in question, without incurring any liability whatsoever to the customer.
to procure materials or services required for the performance of the contract, any loss of access to any network (including the
(i) The customer acknowledges and agrees that in respect of Update Centre, it will be provided with a password and it must
internet) or any act or omission of any ISP or similar which arises other than as consequence of PDC being in breach of any
keep that password confidential to ensure that no unauthorised person accesses Update Centre. In this regard, the customer
agreement with the ISP or Website host (or similar) in question. During the continuance of such a contingency the customer
shall indemnify and hold PDC and the printing.com reseller and all their agents and representatives harmless against all claims,
may by written notice to the printing.com reseller elect to terminate the contract and pay for work done and materials used,
demands, actions, costs, expenses (including, but not limited, to legal costs and disbursements), losses and damages arising
but subject thereto shall otherwise accept delivery when available.
from or suffered or incurred by reason of any unauthorised access to Update Centre.
18. Variation to Terms and Conditions – These terms and conditions may be amended by the printing.com reseller and/or
(j) The customer acknowledges and agrees that the printing.com reseller in question will have no liability for any element of
PDC from time to time (but not for the avoidance of doubt by any customers). The latest version of these terms and conditions
the Website that was not created by it or on its behalf or which was supplied by the customer and further, the customer
may be accessed via the PDC Website.
acknowledges and agrees that the PDC reseller shall only be liable in respect of any inaccuracy of any element of the Website
19. Websites and Website Services that has been created by it or on its behalf if having been notified of such inaccuracy, which notification must be within 28
days of delivery, the printing.com reseller in question has, after having been supplied with everything it reasonably requests
(a) The customer acknowledges and agrees that any code, software, content, graphics, visuals and the look and feel of any
from the customer, failed to rectify the inaccuracy within seven days of being so notified and then the extent of the PDC reseller’s
Website (”the PDCWS IP”) shall, as between the customer and the printing.com reseller, belong to either the printing.com
liability in respect of such liability shall be governed by these terms and conditions.
reseller or PDC. Further, save as expressly granted under the contract with a printing.com reseller, the customer shall have no
right or licence whatsoever in or to the PDC WS IP. (k) As regards the provision of the Website and any related services by the printing.com reseller, any words and phrases which
have a customarily accepted meaning within the IT industry shall have that meaning unless stated otherwise.
(b) The customer acknowledges and agrees that whilst the printing.com reseller will use its reasonable endeavours to ensure
that the Website is, otherwise than for maintenance (whether routine, planned or emergency) accessible at all times, it gives 20. Severability – If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid,
no warranty whatsoever that the Website will be accessible either in whole or in part or otherwise “on line” for any period of void or unenforceable the remaining provisions shall nevertheless continue in full force without being impaired or invalidated
time or that access will be uninterrupted or secure. in any way.
(c) The customer will have access to certain of PDC’s proprietary software (”Update Centre”) that allows the customer to update 21. Invalidity of other terms – Unless expressly agreed to in writing, no other terms (including those contained on any
the content of the Website. However, the printing.com reseller reserves the right to, without incurring any liability whatsoever purchase order supplied by a customer) nor any representation will form part of any contract between the printing.com reseller
to the customer, deny such access and/or otherwise and without giving any reason therefore to cease making Update Centre in question and the customer and these terms and conditions will, in absence of any written agreement between the printing.com
available. reseller and the customer stating otherwise, represent the entirety of the terms of such contract.
(d) The customer agrees that in respect of the Website it will not: 22. Notice – Any notice to be required to be served under any contract between the printing.com reseller in question and the
customer shall be in writing and delivered personally or sent by first class prepaid post to, in the case of the printing.com reseller
(i) do any illegal act including without limitation, drug dealing, violation of national export restrictions, harassment, fraud,
in question, the address of the outlet operated by the printing.com reseller in question and, in the case of the customer, to
trafficking in obscene material, distributing viruses, trojan horses or any other similar harmful or deleterious programming
the address of the customer detailed in the order form. Any such notice shall be deemed properly served, in the case of personal
routines;
delivery on delivery and in the case of posting two working days after the date of posting.
(ii) do any act which either PDC or the printing.com reseller in question has reasonably requested the customer
23. Law – These terms and conditions and all other express terms of the contract with customers shall be governed and construed
not to do;
in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any
(iii) do or attempt to do any act which violates any system or network security which, without limitation, shall include contract between the printing.com reseller and the customer into which these terms are incorporated.
unauthorised access and/or probing or scanning of the system security and/or hacking;
(iv) involve itself in spamming, mail bombing, system flooding or anything similar;
(v) provide any false or misleading information to the printing.com reseller or over the Website;
(vi) use the Website for chat pages, contests or any other high volume activities without the express written permission
of the printing.com reseller in question;
(vii) permit anything to appear on the Website that is or could reasonably considered to be defamatory, politically extreme,
immoral, obscene, blasphemous or which could otherwise reasonably be held to offend public decency.
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