Terms Governing The Use Of Our Services
1. Preliminary Work
All work carried out, whether experimentally or otherwise,
at customer’s request shall be chargeable.
2. Copy
Where any additional work of whatever nature is necessary as
a result of copy supplied by a customer not being clear
and/or legible, AndreoniCards.com shall be entitled
to make additional charges on a time and materials basis to
cover such additional work.
3. Proofs
Proofs of all work may be submitted for customer’s approval
and AndreoniCards.com shall incur no liability for any
errors not corrected by the customer in proofs so submitted.
Additional charges shall be made for any additional proofs
that are required as a result of alterations required by the
customer. When style, type or layout is left to
AndreoniCards.com discretion,
any subsequent changes to such style, type or layout
required by the customer shall be subject to additional
charges on a time and materials basis.
4. Copyright
a.Unless negotiated and agreed in writing, the copyright of
general artwork, commissioned artwork and illustrations and
anything else whatsoever prepared, developed or created by
AndreoniCards.com shall vest in and belong to
AndreoniCards.com. AndreoniCards.com may use any
artwork or printing produced by itself for the purposes of
promoting itself and/or Andreoni. The customer shall be
responsible for obtaining all necessary authorities and
consents to reproduce pictures, artwork, photographs,
copyright text and/or any other reproducible materials
(“Materials”) prior to instructing AndreoniCards.com to
reproduce the same. The customer shall indemnify and hold
AndreoniCards.com and its agents and representatives
harmless against all claims, 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 the reproduction
of the Materials by AndreoniCards.com infringes the
intellectual property or other rights of any third party or
misuses the confidential information of a third party.
b.All design, text, illustrations, graphics, photographs,
diagrams, drawings, logos and the selection and arrangement
thereof, and all source code and all other material content
of any Website owned, controlled or operated by Andreoni and
Andreoni’s Buying Guide and Andreoni’s Marketing Collateral are the
intellectual property of AndreoniCards.com plc or its content
providers and as between Andreoni and the customer all
intellectual property rights (including all copyright)
arising out of or connected with such content shall belong
to Andreoni. No reproduction of any part is allowed without
written permission.
5. Company Imprint
Unless otherwise specifically requested in writing any work
may carry the Andreoni imprint which will be positioned at
AndreoniCards.com’s discretion.
9. Delivery & Payment
AndreoniCards.com shall not be
liable for any loss arising from delay in transit not caused
by AndreoniCards.com.
Turnaround is measured in Working Days (Monday through
Friday less Holidays).
Advice of damage, delay or partial loss of goods in transit
or of non-delivery must be given in writing to
AndreoniCards.com and the carrier within three clear
days of delivery (or, in the case of non-delivery within 28
days of dispatch of the goods) and any claim in respect
thereof must be made in writing to AndreoniCards.com
and the carrier within seven clear days of delivery (or, in
the case of non-delivery, within 42 days of dispatch). All
other claims must be made in writing to AndreoniCards.com
within 28 days of delivery. AndreoniCards.com 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.
10. Liability
AndreoniCards.com gives no warranties or guarantees or makes
any representations as to the merchantability or fitness for
a particular purpose of any completed work the subject of a
customer’s order and all other warranties, conditions,
guarantees or representations, whether express or implied,
oral or in writing, except as expressly stated in these
terms and conditions are hereby excluded. AndreoniCards.com
shall not be liable for any loss arising from delay in
transit not caused by AndreoniCards.com. Further,
AndreoniCards.com shall not be liable for any indirect,
special or consequential damages, loss of profits, economic
loss, loss of goodwill or loss of anticipated savings or
loss of data. The total aggregate liability of
AndreoniCards.com in respect of any and all causes of action
arising out of or in connection with the customer’s order
and AndreoniCards.com’s performance of services pursuant to
such order (whether for breach of contract, strict
liability, tort (including, without limitation, negligence),
misrepresentation or otherwise) shall (subject to the
provisions of paragraph 10) be limited to the sums paid to
AndreoniCards.com by
the customer in respect of the order pursuant to which
liability has arisen. Nothing in these terms and conditions
shall be construed so as to limit or exclude liability which
cannot, pursuant to English Law, be excluded or limited
including for death or personal injury or liability in
respect of fraud or fraudulent misrepresentation.
11. Standing Material
a.Metal and other materials owned by and used by it in the
production of plates, film-setting, negatives, positives and
the like shall remain the exclusive property of Andreoni. Such
items when supplied by the customer shall remain the
customer’s property.
b.Lithographic, together work or other materials supplied by
the customer may be effaced or destroyed immediately after
the order is executed unless written arrangements are made
to the contrary. In the latter event, AndreoniCards.com shall be entitled to make additional charges.
12. Customer’s Property
a.The customer’s property and all property supplied to
AndreoniCards.com by or on behalf of the customer shall
while it is in the possession of AndreoniCards.com
or in transit to or from the customer be deemed to be at
customer’s risk unless otherwise agreed and the customer
should insure such property accordingly.
b.Where a customer fails to collect work within 20 working
days from notification to the customer of completion of the
work, AndreoniCards.com shall be entitled, at its
discretion, to either store the work until actual delivery
or collection is made and charge the customer for the costs
(including insurance) of storage or to destroy such work
(provided that the customer shall nevertheless remain liable
for payment in respect of the relevant order).
13. Materials Supplied by the Customer
a.AndreoniCards.com may reject any paper, plates or other
materials supplied or specified by the customer which it
considers to be unsuitable. Additional cost incurred if
materials are found to be unsuitable during production may
be charged except that if the whole or any part of such
additional cost could have been avoided but for unreasonable
delay by AndreoniCards.com in ascertaining the
unsuitability of the materials then that amount shall not be
charged to the customer.
b.AndreoniCards.com shall have no liability in
respect of any work being of less than reasonably
satisfactory quality as a result of defects in or the
unsuitability of materials supplied or specified by the
customer.
c.AndreoniCards.com shall assume that quantities of
materials supplied shall be adequate to cover normal
spoilage accordingly if the quantities of materials supplied
are not sufficient to cover normal spoilage (“an
Insufficient Supply”) then AndreoniCards.com shall
have no liability for any shortfall in quantity to the
extent that such shortfall arises as a result of such
Insufficient Supply.
14. Credit Terms and Payment
For invoices not settled within the agreed credit terms or
for payments returned unpaid (such as cheques, credit cards
or similar), AndreoniCards.com reserves the right to
charge interest on the overdue debt at 2% above the TD bank
base rate at the time and an administration fee to cover its
debt recovery costs and any other costs relating to the
collection of payment.
15. Insolvency
If the customer ceases to pay its debts in the ordinary
course of business or cannot pay its 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, AndreoniCards.com 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 AndreoniCards.com, and (ii) in respect
of all unpaid debts due from the customer have a general
lien on all goods and property in AndreoniCards.com’s ’s
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
AndreoniCards.com thinks fit and to apply
the proceeds towards such debts.
16. Illegal Matter
a.AndreoniCards.com shall not be required to print
any matter which in its opinion is or may be of an illegal
or libelous nature or an infringement of the proprietary or
other rights or any third party.
b.Without prejudice to paragraph 7 above, the customer shall
indemnify and hold AndreoniCards.com harmless
against all claims, demands, costs, expenses (including but
not limited to legal costs and disbursements), losses and
damages arising from or suffered or incurred by reason of
the work it is required to produce pursuant to a customer
order being or alleged to be defamatory.
17. Full Color Printing
All reasonable efforts shall be made to obtain the best
possible color reproduction on customer’s work but variation
is inherent in the print process and it is understood and
accepted as reasonable that, AndreoniCards.com shall not be required to guarantee an exact match
in color or texture between the customer’s photograph,
transparency, proof, electronic graphic file, previously
printed matter (whether printed by AndreoniCards.com reseller or
other party) or any other materials supplied by the customer
and the printed article the subject of the customer’s order.
18. Data Protection
By placing an order with AndreoniCards.com, the
customer consents to its details being passed on to
Andreoni.com for
accounting and marketing purposes. The details will be kept
by Andreoni.com even after the customer’s trading
relationship with AndreoniCards.com has terminated. Andreoni
and AndreoniCards.com may use the customer’s personal data
to let customers know about goods and services similar to
the goods or services provided to the customer previously
and any others matters that Andreoni.com or
AndreoniCards.com
consider may be of interest to customers.
19. Force Majeure
AndreoniCards.com shall be under no liability if it shall be
unable to perform any obligation which is owed by it to the
customer for any reason beyond his 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 the customer may by written notice to
AndreoniCards.com elect to terminate the contract and
pay for work done and materials used, but subject thereto
shall otherwise accept delivery when available.
20. Variation to Terms and Conditions
These terms and conditions may be amended from time to time.
The latest version of these terms and conditions may be
accessed via the Website.
21. Law
These terms and conditions and all other express terms of
the contract with customers shall be governed and construed
in accordance with Canadian law. Canadian Courts shall have
jurisdiction in relation to any matters arising in
connection with any contract between AndreoniCards.com and the customer into which these terms are
incorporated.
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