Fidelity Print www.fidelityprint.co.uk Online business printing

Fidelity Solutions www.fidelitysolutions.co.uk Online Marketing Solutions

Terms of Business

In these Terms of Business:

“We” “Us” “Ourselves” “Seller” means Fidelity Solutions Ltd T/A Fidelity

“You” or “Your” “Buyer” means the person, firm or company purchasing goods and/or accepting services from Fidelity Solutions Ltd.

“Work” means all goods and services supplied by the “Seller” to the “Buyer”.

"Preliminary Work" means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, colour matching).

"Electronic File" means any text, illustration or other matter supplied or produced by either Party in digitised form on disc or by internet transfer or any other communication link.

"Periodical Publications" means publications produced at (normally regular) intervals.

“The Site” or “the Website” means a site on the worldwide web maintained by or on behalf of the Seller.

Description of Services

Fidelity offers:

• Graphic design templates and printing for the business and corporate markets.
• The ability to store printed material from previous orders, images, pictures and logos under "My Account" on Fidelity’s websites.
• Upload function for submitting files directly for print.
• Generation and upload of graphic design templates and other media specific to “the client” in to “My Account” area.
• Provision of an account for the purposes of storing, managing, editing and ordering printed materials by a specific account holder.
• Graphic design, marketing advice and consultancy, web design & hosting services, advertising.

Terms and conditions

These TERMS AND CONDITIONS govern your access and use of our services. By accessing or using the functions of the Site you agree to be bound by these TERMS AND CONDITIONS and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these TERMS AND CONDITIONS. The contract made by you online with us incorporates these TERMS AND CONDITIONS, which shall prevail over any and all terms and conditions, proposed by you.

Fidelity reserves the full right to make modifications or changes to our sites, services, customer’s template/s that are stored on the web site and previously ordered, and to these TERMS AND CONDITIONS at any time without prior notice. Any legal entity or private person that accesses this site should review these TERMS AND CONDITIONS each time of access to this Site.

Product and Operational Terms

Product Specification

We have a policy of continuous product development and reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales.

Products supplied may differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.

We endeavour to display and describe as accurately as possible the printed colours of our products that appear on the website. However we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product delivered.

Materials supplied or specified by the Buyer

Electronic Files

It is the Buyer's responsibility to maintain a copy of any original Electronic File provided by the Buyer.

The Seller shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed in writing.

If an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action the Seller may make a charge for any resulting additional cost incurred or may reject the file without prejudice to his rights to payment for work done/material purchased.

Proofs and variations

The Seller shall incur no liability for any errors not corrected by the Buyer where the Buyer has been provided with proofs. The Buyer's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Seller's judgement, changes there from made by the Buyer shall be charged extra.

Where the Buyer specifically waives any requirement to examine proofs the Seller is indemnified by the Buyer against any and all errors in the finished Work.
Variation in finishing of goods within a reasonable tolerance by the seller shall be deemed acceptable by the buyer.

Order & Delivery

Time for Production

We will endeavour to process your order and manufacture your printed items within five (5) working days.

Delivery

Upon completion of the printing, all printed items will be sent by regular post unless otherwise stated. We will deliver your order within eight (8) working days, depending on your delivery address.

Time of delivery is not of the essence in these terms and conditions. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

We cannot guarantee that products ordered will be dispatched jointly. We guarantee that we will do everything we can, within reasonable cost, in order to always minimize your cost for delivery.

Rights for Limited Use

The Site and all its Content - constituted by fonts, software tools, text, images, graphics, photographs, document layouts, artwork and other information on the Site - are the copyrighted property of Fidelity, and/or its subsidiaries (referred to herein as "Fidelity") or the copyrighted property of parties from whom Fidelity has licensed such property. All rights in the Site and its Content are reserved worldwide and it is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these TERMS AND CONDITIONS.

Content on this Site and Your Associated Rights

Fidelity can at any time without prior notice add to, delete from, or modify any part of the Content. All design elements created using the design tool of the Site can be made available for use by other parties in the future. You do not obtain any right or claim to any of the design elements through your creation of a template and/or your incorporation of a design element into one or more products. Other Fidelity customers may use the design tools to create designs (e.g. logos) that have similar or identical combinations of these elements and Fidelity does not guarantee that your design will not have similarities to designs designed and used by other parties. Fidelity provides no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing the trademark or other rights of another party. It is solely your responsibility to obtain appropriate advice as to whether the design is legally available for your use and does not infringe the rights of another party.

You may use this Site and its Content for the sole purpose of creating, designing, and ordering products or services (referred to herein as "Products") solely through Fidelity. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Apart from the finished Products as they are supplied by Fidelity, you are not entitled to use any portion of the Content from Fidelity.

Conducts of Use

You agree to use the Site in a responsible manner that is in full compliance with these TERMS AND CONDITIONS and with your local laws and regulations, including export and import regulations. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.

Fidelity may terminate its service to customers found to be using the Site to engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products.

By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Fidelity to produce the Products on your behalf.

Changes to Service

We reserve the right to change the conditions of these terms of service. Should we modify these terms in any way the updated version will appear within the TERMS AND CONDITIONS of the Site.

We reserve the right to terminate any account at any time. We reserve the right to amend the Fidelity service at any time providing such changes do not adversely alter the nature and quality of the service.

You agree that Fidelity may without prior consent delete your account and any related materials including personal information, data, text, files, images and all other materials and that Fidelity may prevent any further access by you to any such data. In particular, it is our absolute policy to reject any materials, which we, at our discretion, consider to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).

You agree that Fidelity shall not be liable for any loss or damages to you or any third party resulting from the deletion of such information or resulting in any way from the termination of your account and that you will keep Fidelity fully and effectively indemnified against all losses, liabilities, damages and costs (including legal costs on a full indemnity basis) suffered by them as a result of the printing in good faith of any material submitted by you.

Payment and Credit Facilities

You must pay by credit card, PayPal account, or debit card at the time of order. Payment will be taken in full at the time of the order.

The price of any product is the price in force at the date and time of your order.

You undertake that all details you provide to us for the purpose of purchasing products which may be offered by us on our website will be correct; that the credit card, PayPal account or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit card, PayPal account or debit card details before accepting your order.

The contract shall not have been concluded until we have received your valid credit card charge, PayPal charge, or debit card payment details.

We are entitled to refuse any order placed by you.

Credit Facilities

Credit facilities may be granted to applicants who complete the Seller’s Credit Account Application Form and who satisfy the Seller’s criteria as set out from time to time. Where facilities are granted the Seller reserves the right to withdraw them at any time, without having to give their reasons and, in such a case, all outstanding invoices become due and payable immediately.

Estimates are given exclusive of tax and the Seller reserves the right to charge and the Buyer will pay any VAT or other tax payable.

All work carried out shall be charged. This includes all Preliminary Work whether or not the Buyer agrees to that work being taken forward to production.

If Credit Facilities have been granted, payment is due by the end of the month following the month of Invoice. If any item(s) remain unpaid by that due date charges will apply, in accordance with s5A and/or s6 of the Late Payment Commercial Debt (Interest) Act 1998 or any subsequent enactment. In addition, all invoices will become due and payable immediately and will be treated as overdue items, with appropriate charges applied and all costs reasonably incurred in collecting the debt payable by the Buyer.

Unless otherwise agreed in writing, the price of the Work will be "ex-works" and delivery shall be charged extra.

Should the Work be suspended or delayed by the Buyer for any reason the Seller shall be entitled to charge for storage and for loss of or wastage of resources that cannot otherwise be used.

Should the suspension or delay in above extend beyond 30 days the Seller shall be entitled to immediate payment for work already carried out, materials specially ordered and any other additional costs.

You and your information

Privacy Policy

Fidelity knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. By visiting our Site and any of the sites offered by Fidelity, you are accepting the practices described in this Privacy Policy.

Information You Give Us

We receive and store any information or content that you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as facilitating when you reorder print material, responding to your requests, providing our services (e.g., storage of picture, images and logos), and in other ways in communicating with you.

Your Credit Card Information

We do not hold any credit card information and do not have access to any credit card information. All credit card transactions are done on a secure server and cannot be access by a third party.

Automatic Information

We receive and store certain types of information whenever you interact with us. For example, like many Websites, we use "cookies," and we obtain certain types of information when your Web browser accesses our Sites. Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) click stream to, through, and from our Website, including date and time. We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use.

Security of Your Personal Information

Fidelity is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always choose to log out before leaving a site or service to protect access to your information from subsequent users.

While there are always risks associated with providing personal data, whether in person, by phone or via the internet or other technologies, and no system of technology is completely safe or "tamper"/"hacker" proof, Fidelity has endeavoured to take reasonable precautions which are appropriate to the nature of the information to prevent and minimize such risks in connection with your use of this site.

Eligibility and Account Administration

Fidelity 's policy is to request that "Minors" (the age of Minors is below 18 years of age) do not make purchases or engage in other legal acts on the Site without the consent of a parent or legal guardian. You must be 18 years or older to create a user account on the Site. By signing up for a user account you represent and warrant that you are 18 years or older and that you in addition have the right, authority and capacity to understand, agree and comply with these conditions and the Terms of Use.

When registering you must provide accurate, complete and true registration information. If you have been provided with a default password for registration we advise you to change it immediately for security purposes. Upon initial registration you will be asked to create a username and password, you will be responsible for keeping these confidential, and for all activities relating to your chosen username.

Image Gallery

Pictures, images or logos uploaded to your image gallery will be protected from any external access. To access them, you will need to enter your username and password.

Personal Information Shared

We will not provide your personal information without your consent. In the event of part or all of the business changing hands your personal data will be transferred to the new owner or operator who will act in accordance with the terms under which you gave your personal data.

Data Protection Act

Fidelity Solutions Ltd is registered with the Information Commissioner’s Office under the Data Protection Act 1998. Registration Number Z1020200. More information about your rights under the Data Protection Act can be found at www.ico.gov.uk

Your rights to claim if you are not happy - Claims and Liability

Claims

Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the Seller and the carrier within three clear days of delivery (or, in the case of non-delivery, within 3 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the Seller and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 7 days of notification of despatch). If damage has occurred during transit the buyer must mark the delivery note of delivery service as such or the claim will not be recoverable by the seller from the delivery service.  All other claims must be made in writing to the Seller within 14 days of delivery. The Seller shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Buyer proves that (i) it was not possible to comply with the requirements and (ii) the claim was made as soon as reasonably possible.

If the Work is defective so that the Buyer may in law reject it, said rejection must take place within 7 days of delivery of the goods, failing which the Buyer will be deemed to have accepted the Work.

In the event of all or any claims or rejections the Seller reserves the right to inspect the Work within seven days of the claim or rejection being notified.

Liability

Insofar as is permitted by law where Work is defective for any reason, including negligence, the Seller's liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work.

Where the Seller performs its obligations to rectify defective Work under this condition the Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Buyer shall not be entitled to any further claim in respect of the Work nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.

Defective Work must be returned to the Seller before replacement or credits can be issued. If the subject Work is not available to the Seller the Seller will hold that the Buyer has accepted the Work and no credits or replacement Work will be provided.

The Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the work or for any loss to the Buyer arising from delay in transit, whether as a result of the Seller's negligence or otherwise.

Where the Seller offers to replace defective Work the Buyer must accept such an offer unless he can show clear cause for refusing so to do. If the Buyer opts to have the work re-done by any third party without reference to the Seller the Buyer automatically revokes his right to any remedy from the Seller, including but not exclusively the right to a credit in respect of Work done by the Seller.

Where the Work will be forwarded by or on behalf of the Buyer to a third party for further processing the Buyer will be deemed to have inspected and approved the Work prior to forwarding and the Seller accepts no liability for claims arising subsequent to the third party’s processing.

The Seller reserves the right to reject any work forwarded to him after initial processing by a third party as soon as is reasonably practicable without processing the work any further. Should the Buyer require the Seller notwithstanding to continue, then the Seller is only obliged to do so after confirmation from the Buyer in writing.

Nothing in these conditions shall exclude the Seller's liability for death or personal injury as a result of its negligence.

Risk and storage

Buyer's property and all property supplied to the Seller by or on behalf of the Buyer shall while it is in the possession of the Seller or in transit to or from the Buyer be deemed to be at Buyer's risk unless otherwise agreed in writing and the Buyer should insure accordingly.

Insolvency

Without prejudice to other remedies, if the Buyer becomes insolvent, the Seller shall have the right not to proceed further with the contract or any other work for the Buyer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Buyer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.

General Lien

Without prejudice to other remedies, in respect of all unpaid debts due from the Buyer the Seller shall have a general lien on all goods and property of or provided by the Buyer in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property as agent for the Buyer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the Buyer for any balance remaining be discharged from all liability in respect of such goods or property.

Periodical publications

A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice must be given after completion of work on any one issue. Nevertheless the Seller may terminate any such contract forthwith should any sum due thereunder remain unpaid.

Force majeure

The Seller shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the Buyer; 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 Buyer may by written notice to the Seller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Law

These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.

Notices

All specifications and notices relied on by either party and all variations to this agreement must be in writing and include a duly authorised signature.

Consumers

Nothing in these Terms shall affect the rights of Consumers.

Severability

All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.

Fidelity Solutions Ltd T/A Fidelity

Registered Address:
Unit 24 Station Road Industrial Estate
Ampthill
Bedfordshire
MK45 2QY

Registered in England & Wales 1999. Company Number 3894928

01525 300001
01525 300002

www.fidelityprint.co.uk

www.fidelitysolutions.co.uk