TERMS & CONDITIONS
(a) Delivery of printed work and other tangible items by the dorweb shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to collect the work) or (where the dorweb is obliged to deliver the work) actual delivery of the work to the customer by the dorweb. Where the customer is obliged to collect the work, customer’s failure to collect the work on the day on which the dorweb is contractually obliged to have it ready for collection shall be classed as a customer delay. Where the dorweb is obliged to deliver the work to the customer but the customer provides the dorweb with incomplete or incorrect delivery information or is not available to accept delivery, then provided that the dorweb has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a customer delay. Delivery of digital work is considered to occur once placed on a server for the customer’s approval and once approved the dorweb shall endeavour to make the digital work live within one working day (unless requested otherwise by the customer).
(b) Unless otherwise specified the price quoted is for collection of the work from the dorweb, a charge may be made to cover any extra costs involved for delivery to a different address.
(c) Should work be suspended at the request of, or delayed through any default of the customer, for a period of 30 days or more the dorweb shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
(d) Risk of loss of or damage to work completed by the dorweb shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by the dorweb until the dorweb has received payment in full in respect of the work.
(e) In the unlikely event that the dorweb deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of the dorweb’s confirmation to the customer of its agreement to re-print the work.
8. Claims – Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the dorweb within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to the dorweb within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to the dorweb within 28 days of delivery. The dorweb shall not be liable in respect of any claim unless the aforementioned requirements have been complied with. Digital work will consist of those elements detailed on the project proposal and the dorweb shall be under no obligation whatsoever to provide anything more (including any extra functionality) howsoever in respect of the digital work (including any network access) other than that detailed in the project proposal. Any claim that the elements detailed in the project proposal have not been provided must be made in writing to the printing.com reseller within 28 days of delivery. The dorweb shall not be liable in respect of any claim if the claim in question is notified outside the aforementioned timescale.
11. 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), the dorweb reserves the right to (a) charge interest on the overdue debt at the statutory rate from time to time in force and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment and (b) suspend work for the customer and remove / take down digital work completed to that point until payment has been received.
(a) Agreed projects will be set out in written project proposals that include (i) a payment schedule for the work and (ii) a specification, milestones and approximate delivery dates. Digital work is not provided on a Guaranteed Turnaround basis and the dorweb may adjust delivery dates for milestones and will keep the customer appraised of progress and any delays due to technical obstacles and / or resourcing limitations, any extension to delivery dates will not entitle the customer to a refund of payments already made.
(b) Any amendments to the specification set out in project proposals could result in additional costs to the customer, the dorweb will raise and discuss any additional costs and agree such terms with the customer before carrying out work on modifications to the specification.
(c) The dorweb will notify the customer when a milestone has been completed and / or raise an invoice as set out in the project proposal payment of which shall be acceptance and sign-off on work completed at that point.
(d) The dorweb will endeavour to ensure that web pages work in current and recent versions of preeminent web browsers (such as Firefox, Chrome, Explorer and Safari) at the time of undertaking the project. The customer acknowledges that technology is fast moving and the dorweb cannot give absolute assurance as to how web pages will look and work on any given browser or device released from time to time.
(e) The customer acknowledges and agrees that any code, software, content, graphics, visuals and the look and feel of any website, mobile application or similar services (”the dorweb application”) shall, as between the customer and the dorweb, belong to dorweb. Further, save as expressly granted under the contract with a dorweb, the customer shall have no right or licence whatsoever in or to the dorweb application:
(f) The dorweb application may utilize a range of technologies including open source software and items supplied under license by third parties (“Third Party Content”). The customer acknowledges and agrees that the dorweb ability to make the dorweb application available may be dependent on the dorweb having the benefit of licences in respect of such Third Party Content, which licences may be ended at any time and accordingly, if the dorweb loses the benefit of such licences it will not be under any obligation to continue to make the dorweb application available. The customer further acknowledges and agrees that provisions of such licences may be deemed incorporated into these terms and conditions.
(g) The customer acknowledges and agrees that whilst the dorweb will use its reasonable endeavours to ensure that the dorweb application is, otherwise than for maintenance (whether routine, planned or emergency) accessible at all times, it gives no warranty whatsoever that the dorweb application will be accessible either in whole or in part or otherwise “on line” for any period of time or that access will be uninterrupted or secure.
(h) The customer agrees that in respect of the dorweb application it will not:
(i) do any illegal act including without limitation, drug dealing, violation of national export restrictions, harassment, fraud, trafficking in obscene material, distributing viruses, trojan horses or any other similar harmful or deleterious programming routines;
(ii) do any act which dorweb in question has reasonably requested the customer not to do;
(iii) do or attempt to do any act which violates any system or network security which, without limitation, shall include 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 dorweb or over the dorweb application;
(vi) use the dorweb application for chat pages, contests or any other high volume activities without the express written permission of the dorweb in question;
(i) The customer acknowledges and agrees that if the dorweb in question reasonably considers that the dorweb application is being used for any purpose that the dorweb in question reasonably considers to be in breach of any of the above provisions or otherwise, in the common sense of the word, improper, then it may without prior notice take down the dorweb application in question without incurring any liability whatsoever to the customer.
(j) The customer acknowledges and agrees that it is not envisaged that any dorweb application will exceed such bandwidth as dorweb acting reasonably considers appropriate (having regard to the fact that it is envisaged that only low volumes of traffic will be driven through the dorweb application), to the extent that such bandwidth is materially exceeded and/or is regularly exceeded dorweb may apply caps or throttling to bandwidth supplied or, without prior notice suspend or otherwise take down the dorweb application in question, without incurring any liability whatsoever to the customer.
(k) The customer acknowledges and agrees that the dorweb in question will have no liability for any element of the dorweb application that was not created by it or on its behalf or which was supplied by the customer and further, the customer acknowledges and agrees that the dorweb shall only be liable in respect of any inaccuracy of any element of the dorweb application 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 dorweb in question has, after having been supplied with everything it reasonably requests from the customer, failed to rectify the inaccuracy within seven days of being so notified and then the extent of the dorweb liability in respect of such liability shall be governed by these terms and conditions.
(l) As regards the provision of the dorweb application and any related services by the dorweb, any words and phrases which have a customarily accepted meaning within the IT industry shall have that meaning unless stated otherwise.