Terms and Conditions of Use
1) Orders are accepted subject to the Terms and Conditions below. Any modification to these Terms and Conditions will only be binding if it is evidenced in writing and signed by a director of Print Monkey Ltd.
2) Acceptance of a customer's order takes place when an order confirmation (written, email or fax) is despatched to the customer, when an order is authorised using the Print Monkey online order system, or when preliminary work is undertaken on the customer's instructions.
3) We reserve the right to decline any order without giving any reason.
4) Your Print Monkey account is for your personal use only. You must not divulge your username and/or password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
5) Print Monkey clients must not use the email facility in the online ordering system to participate in any form of unsolicited emailing or spam.
6) To protect your privacy, we never distribute your name or email address to third parties.
7) We take reasonable steps to back up the data on our servers. However, the data stored on our servers is not guaranteed to be backed up.
8) We reserve the right to cancel your account at any time without notice.
9) We shall not be held liable for any loss or damage caused by the use or misuse, unavailability or removal of services.
10) We reserve the right to amend and update these Terms and Conditions at any time without notice.
11) By logging into your account, by default you are indicating your acceptance of these Terms and Conditions.
12) The provision of all products, services, software and information is on an "as is" basis.
13) Value Added Tax will be charged, if applicable, at the current rate on the date of supply, whether or not included on the quote, order and/or invoice.
14) All work carried out at a customer's request, whether experimentally or otherwise, shall be charged.
15) A charge may be made to cover any additional work involved where the design data supplied or specified is not clear or legible, or in the prescribed format / specification to produce satisfactory results.
16) Where design data is supplied or specified by the customer or their agent, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification.
17) Where we are aware that defects in the data are so severe and cannot be remedied, we will halt further processing awaiting your instructions. The work to this point will be chargeable.
18) Proofs may be submitted for customer's approval and we shall incur no liability for any errors not corrected and communicated by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra.
19) Artwork designs are usually archived, enabling us to reprint, amend or extract data from previous orders. However, we make no guarantee that files will be archived. Retrieval and amendment of designs is a chargeable service.
20) Unless previously negotiated and agreed in writing, the ownership and copyright of all general artwork, wholly-commissioned or partly-commissioned artwork, and any artwork or illustrations which are re-drawn or modified by Print Monkey' employees or agents, belong to Print Monkey, except where the whole printed product design is uploaded to our website or transferred to us by the customer as a digital file to be printed "as is". In particular, the copyright of any artwork generated via the Print Monkey online ordering system belongs to Print Monkey, and that artwork remains the property of Print Monkey and may not be used by third parties without the prior written consent of a Print Monkey director.
21) The customer is responsible for all the design data they supply. The customer agrees to obtain the necessary authority to reproduce any pictures, artwork, photographs, logos etc., and agrees that they will indemnify Print Monkey and our agents from any claim arising thereof.
22) All website content, design and software are the copyright of Print Monkey Ltd.
23) We entrust delivery of your goods to third party carriers, whose services we select on the basis of value for money. Their performance is carefully monitored and if we find they are falling short of their advertised claims and the situation cannot be remedied, we will cease to use their services. We aim to ensure that the percentage of failures to successes in meeting service levels are contained within reasonable limits, but if your goods do not arrive on time we will not be held liable.
24) Delivery of work shall be accepted by the customer when tendered, and thereupon the ownership shall pass to the customer and payment shall become due.
25) Unless otherwise specified the price quoted is for delivery of the work to the customer' s address as set out in the order. A charge may be made to cover any extra costs involved for delivery to a different address.
26) Should expedited delivery be agreed, an extra charge may be applied to cover any overtime or any other additional costs involved.
27) Should work be suspended at the request of the customer, or delayed through any default of the customer, for a period of 30 days, Print Monkey shall then be entitled to payment for work already carried out, for materials specially ordered and for any other additional costs, including storage.
28) Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins for 5 per cent for single-colour work and 10 per cent for other work being allowed for overs or shortage.
29) Advice of damage, delay or partial loss of goods in transit or of non-delivery must be made in writing to Print Monkey and to the carrier within three working days of delivery (or in the case of non-delivery, within 14 days of despatch of the goods) and any claim in respect thereof must be made in writing to us and to the carrier within seven clear days of delivery (or in the case of non-delivery, within 28 days of despatch). All other claims must be made in writing to us within 28 days of delivery. We shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
30) Limitation of Liability - Print Monkey' sole liability in respect of any defect or failure of any goods or services supplied, or for any shortage in the quantity of goods delivered, or for any loss or injury attributable directly or indirectly thereto is limited to i) making good by replacement or ii) repairing defects or failures resulting from proper use.
31) Without prejudice to the foregoing, Print Monkey shall in no circumstances be liable for i) any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer, or ii) any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made.
32) Print Monkey shall not be liable for any loss to the customer arising from delay in transit of their goods.
33) Customer's property and all property supplied to us by or on behalf of the customer shall, while it is in our possession or in transit to or from the customer, be deemed to be at customer's risk unless otherwise agreed, and the customer should arrange insurance accordingly.
34) We may reject any paper, plates, data, media or other materials supplied or specified by the customer which appear to us to be unsuitable. Additional costs may be charged if materials are found to be unsuitable during production.
35) Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials, artwork or media so supplied or specified.
36) For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt in line with The Late Payment of Commercial Debts (Interest) Act 1998 (currently 8% over the Bank of England base rate) from the day the debt became overdue, and an administration fee to cover the debt recovery costs.
37) If the customer ceases to pay his debts in the ordinary course of business, or cannot pay his 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 him, without prejudice to other remedies we 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 for any materials purchased for the customer, such charge to be an immediate debt due to us, and (ii) in respect of all unpaid debts due from the customer we have a general lien on all goods and property of his in our 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.
38) We shall not be required to print or design any matter which in our opinion is or may be of an illegal or libellous nature or any infringement of the proprietary or other rights of any third party.
39) We shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or 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.
40) 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, we shall not be required to guarantee an exact match in colour or texture between the customer's photograph or transparency, monitor display (local or over the internet) or colour proof and the printed article.
41) Force majeure - We shall be under no liability if we shall be 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 of 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 us, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
42) These conditions and all other express terms of the contract shall be governed and construed in accordance with English Law.