Printing Terms And Conditions
1. Definition of Terms
Unless otherwise stated, the following definitions apply to this document:
- “ShoutAbout Ltd” – of 2nd Floor, 58 High Street, Newport, Shropshire, TF10 7AQ.
- “we,” “us” and “our” are references to ShoutAbout Ltd;
- “you,” “your” and “client” are references to the person paying for services from ShoutAbout Ltd having entered into this agreement;
- “order” or “contract” means a request made by the client to us for services to be supplied subject to these terms and conditions;
- “charges” are the charges payable by the client for the provision of services.
- “work”, “the work”, “goods” and “the goods” is the subject matter of the contract between the Client and ShoutAbout Ltd.
- “parties” relates to ShoutAbout Ltd and the Client.
- "services" are design, graphic design, illustration and other services or facilities provided by us to you;
- "deliverables" are all works, materials and products developed by ShoutAbout Ltd in relation to the Services in any media including without limitation designs, diagrams, drawings, artwork and specifications;
- “intellectual property rights” are all patents, rights to inventions, utility models, copyright and related rights, trade and service marks, trade, business and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including without limitation all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may subsist in any part of the world.
- “materials” are all materials and content provided by the client to ShoutAbout Ltd from time to time in connection with the Services.
2. Ordering Process
2.1 Order Acceptance
We reserve the right to refuse, cancel or reject any order made by the client. In such cases, a full refund will be made using the same method of payment as was originally used.
Unless under prior credit agreement, all orders must be paid for in advance.
Every effort will be made to deliver on time, but any delivery day specified is a 'best endeavour' and no liability is accepted for any loss arising from delay or error in the delivery of the goods. We will do our very best to ensure that an order is despatched on the day specified. However we cannot give an exact delivery time guarantee or assure that the delivery will be made on as per our indicated time, as we have to rely on a Third party delivery company / courier. There is a high probability that the delivery times we provide are maintained if orders are received by specified time and are based on Clients supplying 'print ready' artwork. Any delays in artwork not being supplied in a 'Print-Ready 'format may lead to your order missing the desired delivery slot.
2.4 Refunds & Cancellations
Due to nature of products we sell, reimbursements for products already printed or being printed are not possible. It is possible to cancel orders that have not already been produced or sent to print. In that case, we are entitled to charge 5% of the original order cost plus a £20 administration fee to cover time spent processing the order. If your order is in the process of being checked by our artwork department and you decide to cancel, then due to the costs involved - you will only be entitled to a 50% reimbursement of the initial order cost. To avoid these charges a customer can be given a credit for future print work at the discretion of ShoutAbout Ltd.
3.1 Supplied Customer Artwork in 'Print-Ready' format
All artwork supplied by Clients must be supplied in CMYK format. ShoutAbout Ltd cannot be responsible for any colour shift that may occur when converting from RGB to CMYK. All artwork must be supplied as 300dpi Hi-Res PDF's. ShoutAbout Ltd is not responsible for images that may print blurred or pixelated due to customer supplied artwork if it is less than 300dpi. We require 3mm bleed on all edges if the document requires this. If you are unsure of the term 'bleed' then please call and speak to one of our staff. If the artwork supplied is not 'Print Ready' then ShoutAbout Ltd will contact you to make necessary amendments and endeavour to get your order into print as soon as possible. In most cases ShoutAbout Ltd will amend your artwork for you without charge if it is simple, however we may have to charge for alterations which can't be rectified quickly - but we will of course advise you of any costs beforehand. Any delays in artwork not being supplied 'Print Ready' may lead to your order missing the desired delivery slot.
3.2 Printing Defects
Clients must notify ShoutAbout Ltd in writing (via email) within 5 business days of delivery of any defects discovered in the finished goods. In order to receive replacements Clients must return 95% of the delivered product within 7 days of delivery. ShoutAbout Ltd shall not be liable for any costs, expenses incurred by the customer or any other person or 3rd party company arising directly or indirectly out of any print error. In the event that we have printed a document incorrectly and it is found to be our fault then we will supply a full re-print without cost to the customer. If the customer wishes to alter the artwork prior to the re-print then this will be treated as a new order and be consequently charged for.
3.3 Colour Variations
Colour proofs due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed in writing.
3.4 Quantity Changes
Any changes in quantity ordered must be made in writing via email prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order. We reserve the right to alter the delivery date agreed initially due to us having to potentially order in more materials to achieve a desired larger quantity.
3.5 Quantity Variations
We shall be deemed to have fulfilled our contract by delivering a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered if deemed necessary.
3.6 Paper Quality
We cannot give guarantee of the paper quality of previously fulfilled orders, or samples that have been sent to you. Our paper is sourced from different paper mills and merchants, so the paper properties can vary from supplier to supplier, including smoothness, roughness, colour, grain etc.
3.7 Paper Grams (GSM)
We cannot 100% guarantee the weight of the paper (GSM), as we buy from paper merchants with a certificate of paper grams. ( + - ) 5% variation of paper grams (GSM) can happen due to paper being purchased from different suppliers.
Any complaints must be made within 5 business days of receiving your goods. Any complaints made after this time period are void of any right to refund or reprint.
3.9 ShoutAbout’s Use Of Goods
ShoutAbout reserves the right to use the Goods produced for the Client, including without limitation images and hard copies to promote ShoutAbout and its services throughout all forms of media including without limitation websites, brochures, flyers and email marketing.
Unless under prior credit agreement, all orders must be paid for in advance. Full payment must be received and cleared prior to processing the order. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
If accounts are not settled or ShoutAbout Ltd have not been contacted regarding the delay, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice a Solicitor will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
4.3 Returned Cheques
Returned cheques will incur an additional fee of £50.00 per returned cheque.
All invoices will be sent via email. Clients are required to pay their invoice in advance using an available method of your choice, within 7 days of the invoice issue date.
All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company or bank of the client. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All clients are advised to check amounts using accurate recent exchange rates before ordering.
Where applicable all prices quoted are subject to VAT at the current rate. If VAT is noticed on your order after the bill has been paid, you as the customer are still liable to pay the VAT in full. We are bound by law to charge VAT according to HM Customs & Excise guidelines.
5.1 Third Parties
ShoutAbout Ltd can take no responsibility for services provided by third parties through us or otherwise, including printing and delivery of the Client's artwork.
5.2 Correction of Errors
ShoutAbout Ltd takes no responsibility for errors on artwork supplied by the Client, or files provided ‘Print-Ready’. In the case that ShoutAbout Ltd has produced the artwork; the Client is expected to proof read the design before the printing process begins. This will be signed off whereupon the client becomes liable for any mistakes.
Where the Client specifically waives any requirement to examine proofs ShoutAbout Ltd is indemnified by the Client against any and all errors in the finished Work.
5.4 Consequential Loss
ShoutAbout Ltd shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control. Any delivery times given are estimated and might be extended in connection with high volume of orders. If an order is delivered to the wrong delivery addresses due to the customer providing us with the wrong address, ShoutAbout Ltd will re-deliver the package to the correct address and charge for the additional delivery cost.
5.5 Status and Duration of Offers
Proposals and offers are valid for a period of thirty days from the date issued. ShoutAbout Ltd is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the sixty days that the offer is valid. If an acceptable timetable has not been approved by both parties within sixty days of the offer being made, the offer is deemed to have expired.
6. Force Majeure
6.1 Force Majeure
ShoutAbout Ltd shall not be liable to the client or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the obligations of ShoutAbout Ltd in relation to the Services, if the delay or failure was due to any cause beyond the reasonable control of ShoutAbout Ltd. Without prejudice to the generality of the foregoing the following, shall be regarded as causes beyond the reasonable control of ShoutAbout Ltd: Act of God, explosion, flood, tempest, fire or accident, War or threat of war, sabotage, insurrection, civil disturbance or equisition, Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government parliamentary or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving employees of ShoutAbout Ltd or any third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
7. Limitation of Liability
7.1 Intellectual Property Rights
7.1.1 Materials - The client shall ensure that the Materials and/or their use do not infringe the Intellectual Property Rights of a third party or any applicable laws or regulations. ShoutAbout Ltd is entitled (in its sole discretion) to refuse to use any Materials or artwork. The client shall indemnify and hold ShoutAbout Ltd harmless against all and any damages, liability, demands, loss, expenses and costs (including without limitation legal fees) suffered or incurred by or awarded against ShoutAbout Ltd in connection with or arising as a result of any action or claim that the Materials and/or their use infringe the Intellectual Property Rights of a third party or any applicable laws or regulations.
7.1.2 Deliverables - All Intellectual Property Rights and all other rights in the Deliverables (excluding for the avoidance of doubt the Materials) shall be owned by ShoutAbout Ltd. ShoutAbout Ltd hereby licenses all such rights to the client on a non-exclusive, non-transferable, non-assignable basis (with no right to sub-licence) to such extent as is necessary to enable the client to make reasonable use of the Deliverables and the Services as is envisaged by the parties. If the client does not make any payment to ShoutAbout Ltd by the due date or if ShoutAbout Ltd terminates the Contract for the client’s material breach or insolvency this licence will automatically terminate. [ShoutAbout Ltd makes no representation or warranty that the exercise of the rights granted to the client will not infringe the rights of any third party.]
7.1.3 Offers & Proposals - Offers and proposals made by ShoutAbout Ltd to potential clients should be treated as trade secrets and remain the property of ShoutAbout Ltd. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from ShoutAbout Ltd. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
ShoutAbout Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
7.3.1 Clients - ShoutAbout Ltd will not be liable or become involved in any disputes between the client and their clients and cannot be held responsible for any wrongdoing e.g. any disputes re content / images that have been provided to us for inclusion on the design.
7.3.2 Appointed Agents - ShoutAbout Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
7.3.3 Materials - ShoutAbout Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the inclusion of material and information submitted by the client.
8. Rights & Responsibilities
8.1 Right to Terminate
ShoutAbout Ltd reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
8.2 Events Beyond the Control of ShoutAbout Ltd
ShoutAbout Ltd will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of ShoutAbout Ltd.
8.3 Supply and Pricing of Services
ShoutAbout Ltd reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.
This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal action or claim arising from the contract between ShoutAbout Ltd and the Client. The said contract is void where prohibited by law.
9.2 Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
9.3 Change of Terms and Conditions
These terms & conditions may change from time to time. All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.
10. Acceptance of Terms & Conditions
The placement of an order for any services offered by ShoutAbout Ltd constitutes acceptance of the above terms and conditions and forms a Contract between the client and ShoutAbout Ltd. The client agrees to the supply of the Services in accordance with these terms and conditions, acknowledges that it has read and understood these terms and conditions and agrees to be bound by them.
If you have any questions concerning the above stated terms and conditions please contact us.