Print Buddy Ltd T/a Print Buddy (a trading style of the Company) collectively referred to in this document as ‘the Company’. All work is carried out by the Company is done so on the understanding that the client has agreed to the Company Terms and Conditions as set out below.
Project Acceptance: At the time of estimation, the Company will provide the customer with a written or electronic copy of estimate or quotation. By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions set out herein.
Print Proof Agreement: If the Company has provided you with a proof, your signing this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing this agreement, you absolve the Company of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed this agreement and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold the Company responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against the Company for any aspect of the work with which you are later dissatisfied. Signing this contract means that, as long as the finished product is consistent with the proof if supplied, you must pay in full for the work. These terms are final and non-negotiable.
Making Changes After Proof Stage (Print Only): If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proof Agreement” above). Once the proof is signed off or agreed, whether verbally or via email, we incur charged and this is passed on to you as part of the total charge.
Print Quality (Print Only): Every effort will be made to obtain the best possible colour reproduction on customer”s work but because of the nature of the processes involved, the Company cannot guarantee an exact match in colour or texture between any materials that you may have supplied us, and the printed article.
Quantity Supplied (Print Only): Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.
Claims (Print Only): Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company within three clear days of delivery (or, in the case of non-delivery, within 5 days of dispatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 7 days of dispatch). All other claims must be made in writing to the Company within 5 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Standing Material (Print Only): All materials (including but not limited to film, plates, negatives and positives) produced and used by the Company during the production process remain the property of the Company. Where these materials are provided by the client, they remain the property of the client. The Company reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.
Payment Terms (Print): A 50% deposit is required to start work on any artwork and a full balance upon final confirmation of artwork. All work must be paid for prior to printing. In the event of unforeseen additional work due to conditions on surface or changes to the design by the client that may require extra time or detail, this price could change. Print only prices are for press ready artwork supplied as a pdf or illustrator file to the correct size and orientation, origination is included. If additional work is required to the files supplied or we are asked to recreate an artwork, this will be charged at £30 per hour. Please do not ask for a credit as are refusal often offends.
Website Updates & Site Maintenance: These are charged at our standard rate per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job or hours taken from a prepaid package if you have this account with us.
Hosting & Email Accounts Hosting: Hosting for websites is charged from £150 plus VAT per year. No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. Where a CMS (Content Management System) license and functionality is purchased, hosting is charged from £300 plus VAT per annum. One pop email account is provided, all additional email addresses will be forwarded to this or another email address which must be provided by the client.
The Company take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. The Company take no responsibility for the content of emails including attachments and viruses.
Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name purchased by the Company on their behalf be transferred to another host, a release fee of £50 + VAT will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by the Company on the client”s behalf.
Domain Names: Domain name of the client’s choice (subject to availability) can be provided as part of our hosting package by the Company. This cannot be a domain name already registered with another provider, but must be an additional one in such cases. Delay in websites going live because of administrative issues will not result in a delay in the site going live on the domain name that we have purchased on your behalf. Once the site is live on the domain name, all outstanding payment is due. It is not the Company’s responsibility if there is a delay in the transfer of a domain name held with another provider, and this will not be accepted as a reason to delay payment in full of all outstanding monies.
Systems: Any systems, including eCommerce, bespoke systems and Content Management Systems (CMS), provided to the client remain the intellectual property of the Company and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution. The Company websites are built on the Linux or Coldfusion platforms and may not work on Windows servers or other non-Linux, Coldfusion systems.
E-commerce/CMS: E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, the Company’s job is done. The Company offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. Additional training and support packages are available, and again the prices for these services are available on request.
Warranty: The Company guarantees all of its websites/bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by the Company proving to be faulty or defective will be repaired/replaced free of charge to the working standard equivalent to launch.
The Buyer acknowledges that it is the Buyer’s responsibility to ensure that the facilities and functions of the Licensed Materials meet the Buyer’s requirements.
If a problem is found upon investigation not to be the Compnay’s responsibility, the Compnay may charge the Buyer immediately for all reasonable costs and expenses incurred by the Company in the course of or in consequence of such investigation.
Website Approval: Once a client has agreed the look and feel proof for the website and instructed the Company to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.
Once a complete website, or changes to a website are made live on the website on the clients instruction, it is deemed that the site and/or the content of the site have been approved and the work is therefore completed.
Clients have a period of 14 days in which to revert back any further changes and corrections after which Hughes & Co reserve the right to make additional charges for further work.
Exceptions (Web): We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with the Company: Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.
Payment Terms (Web): When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site”s location on our server, you must review the site and ask for any amendments to be made within one weeks. The site can be kept live for a longer period if you specifically request this.
We will put the site live on its own domain name, you are not permitted to point your own domain name to the test site on the Company servers. If this is found to be the case, we reserve the right to remove the site from our server.
Copyright: Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to the Company.
If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify the Company from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
Estimates: All estimates for work are valid for thirty (14) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.
Illegal Matter: The Company reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer”s advice in settlement of any claim.
Consequential Loss: The Company accept no liability whatsoever for consequential or third party losses, resulting from a delay in delivery or loss in service provided by the Company howsoever caused.
Financial Loss: The Company accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by the Company.
Force Majeure: The Company accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Liability: The Company shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond the Company”s control.
Price Breakdown: The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.
Jobs Put On Hold or Cancelled by the Client: Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.
Credit Terms: For invoices not settled within the agreed credit terms of 7 days from invoice date, we reserve the right to charge interest on the overdue debt at 2% above the Barclays base rate at the time and an administration fee to cover the debt recovery costs.
Insolvency: Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they 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 a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, the Company, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days” notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
Data Protection: The Company agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.
Issued with effect 01/01/2010
Prices: Prices at www.myprintuddy.co.uk can change at any time. In case of any price mistakes, Print Buddy reserves the right to change or cancel the order.
Order Deadlines: Print ready artwork must be supplied by the order deadlines quoted on our website. Our production deadlines and turnarounds only start once artwork has been correctly supplied , signed off and fully paid.
Product Colours: All prices are for CYMYK colour printing, unless stated. If you require Pantone colours please contact us accordingly for us to give you a bespoke quotation.
Some variation is colour is expected during the print production. This should be expected and accepted as reasonable. Print Buddy offer no liability in respect of such variations.
The print result is dependent on many factors, including the character of the paper from individual manufacturers, e.g. the degree of whiteness, the grain direction and/or whether the product is gloss/matt/silk, the print site’s climate conditions, such as temperature or air humidity. Should colour deviations within the tolerance range arise for reasons of this sort, then due to the way our system works the fullest use to capacity of our forms and machines this will not constitute a reason for complaint. Colour deviations also may happen for product using i.e. UV, Spot UV, any kind of lamination, sealer or media. The CMYK colour model, referred to as process colour or four colour, is a subtractive colour model, used in colour printing, also used to describe the printing process itself. CMYK refers to the four inks used in most colour printing: cyan, magenta, yellow, and key black. Though it varies by print house, press operator, press manufacturer and press run, ink is typically applied in the order of the abbreviation. We cannot give guarantee of colour matching to your product (include re-print) at all. Should you require colour matching you must send us a hard copy, however we cannot guarantee an exact colour match.
Please be aware that a colour on your screen or on your printout from an ink-jet printer will look slightly different to the finished print product. A computer screen shows colours using the RGB System; an offset printer uses CMYK.
Paper Weight and Materials: Print Buddy purchase paper and material from various suppliers and paper mills. We are unable to give 100% guarantee that the same paper will be used for different products ordered. Please allow for a 5% variation in paper weight (gsm).
For technical production reasons, we unfortunately cannot take into consideration the grain of the paper when placing your order. We therefore cannot always rule out the possibility, under certain circumstances, of slight opening when sheets are folded. Opening can be prevented by scoring papers weighing over 170gsm.
Files and Artwork: The client is held responsible for all content and images used on the artwork. We do not spell or grammar check work and cannot be held responsible for spelling, grammar or contact information errors on the artwork.
Print Buddy cannot be held responsible if the client supplies copyrighted images on their artwork.
Artwork must be supplied with a 3mm bleed on each side of the artwork, 2mm for business cards. Important information must be placed at least 6mm from the edge of the artwork. We cannot be held responsible for information that is trimmed too close to the edge if you have not followed our guidelines.
All PDF documents must be supplied flatted and saved as PDF X1a files.
General: All the terms and conditions and/or any transactions occurring online at www.myprintuddy.co.uk, via email or by phone are subject to English law. Print Buddy is not responsible for the delay and/or damages resulting from Machinery Breakdown, Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. The tools available on our website to create document is the property of Print Buddy and its affiliated companies. The Buyer’s order shall be deemed an acceptance of the Seller’s terms. The Terms and conditions shall in all respects be governed by English law.
Reservations: All orders are subject to acceptance by Print Buddy. We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time even after we receive the order.
Returns: Due to the nature of the product, no returns can be made once the order is processed and/or shipped. Any claims for defects, damages, or shortages must be made in writing within two (2) business days after receipt of the merchandise. We will replace only those orders that were processed incorrectly. The replacement of the order will take place only after the receipt of returned merchandise. We will not replace the order if it is determined by us that the order was misused or mishandle by the buyer or part of the order was used by the buyer and part of the order is being returned.
Payment: Orders are accepted on the basis of payment in advance, via Paypal, Direct Debit or bank transfer payment. We do not provide credit facilities for print services and orders will not be processed until payment has cleared.
Warranty: Print Buddy neither makes any explicit warranty nor implies or accepts any responsibility other than possible replacement of the products that Buyer is buying. Print Buddy may but does not guarantee the replacement of the defective product, or credit the amount of the purchase price.
Product Quantities and Defect Tolerances: We always overprint however some prints may be damaged during the finishing process (trimming, folding, packaging etc). Allow for 10% short quantities.
Shipping: Print Buddy will arrange for shipping with the carrier on behalf of the buyer. The Buyer will be fully responsible for the shipping and handling cost. Print Buddy will not be responsible for the delay in delivery, loss or damage of the order while the order is with the shipping carrier.
Limitation of Liability: Print Buddy will not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from anybody’s performance or non-performance of our obligations. Print Buddy shall not be liable to anyone for any kind of financial losses, cost, expenses, damages and/or other economic damages. The Buyer agrees that the Buyer will not hold Print Buddy responsible for any and all loss, cost, expense, and damages (including legal costs) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Print Buddy and its affiliated company (S) on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person’s right to privacy or other personal rights.
The customer shall be responsible for obtaining all necessary authorities and consents to reproduce (non-exhaustively) artwork, photographs, copyright text and the like prior to instructing Print Buddy to reproduce the same. The customer shall indemnify and hold blameless us against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that that the reproduction of the materials by us infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
Assignment of Copyright: All design work commissioned or ordered by the customer and originated by Print Buddy shall, as to its material elements and as to the copyright or design right in relation to it, belongs to Print Buddy.
The customer shall not have any right to reproduce or authorise any other person to reproduce any such design work in whole or in part or do any act which would, in the absence of written authorisation by Print Buddy, infringe any copyright or design right which may subsist in relation to any such design work.
We may, at the request of the customer, assign the copyright and design right of design work to the customer upon payment of our expenses in relation to such assignment.
Breach of copyright in relation to design work commissioned or ordered by the customer where the customer has not received written authorisation for the reproduction of the artwork or where the artwork has been used without copyright being assigned to the customer will incur a fixed charge of £260 per breach.
Cancellations and Refunds: If you would like to cancel your order once it has been placed you must notify Print Buddy at the earliest opportunity. Once the order has been placed we are unable to guarantee that the production process of your job can be stopped. Orders that are already being processed, in production, or in dispatch, cannot be cancelled or refunded.