Terms and Conditions: for BTC Print Design and IT & Website
Please read carefully before you use this site for any orders or service.
Interpretation and Definitions
“BTC” means BTC Print and Design. Any reference to “the seller” “the service provider” and “the first party” shall be deemed to be BTC Print and Design.
“Customer” means the person(s) obtaining a product or service from BTC Print and Design. Any reference to “the buyer” “the service seeker” and second party” shall be deemed to be the Customer.
“BTC Price List” means the prices for the services and works carried out as set by BTC Print and Design as at the time of your order. The prices are subject to change from time to time at the absolute discretion of BTC Print and Design. Prices may vary dependant on whether on-line or in the shop or other place of business.
“Site” means the site belonging to BTC Print and Design, which at the time
of print is www.btcprintdesign.com and can be amended from time to time at the absolute discretion of BTC Print and Design. Any reference to “website” shall be deemed to have the same meaning as the Site.
“Work” means all goods (by way of intermediate or finished product)and
services supplied by the Seller to the Buyer.
“Intermediates” means all products produced during the manufacturing process including non-exhaustively discs, film, plate, intellectual property.
“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, through a modem, or by ISDN or any other communication link.
“Periodical Publications” means publications produced at (normally regular) intervals.
“Insolvency” means the Buyer is in a position where it is unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him.
1. By accessing or using the Site in any form or order makes the Customer bound to follow the terms and conditions written here.
2. These terms and conditions bind both BTC and the Customer into a binding contract. All orders made by using this Site binds the Customer to these terms and conditions.
3. 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.
4. Any additional work required of the Seller by reason of the Buyer supplying inadequate copy, incomplete or incorrect instructions or insufficient materials; or late delivery of the same shall be charged.
5. BTC Print Price List
a. All prices in the BTC Price List are for works to be carried out over 5 to 7 working days.
b. For works to be carried out over 3 to 5 working days, there is a minimum of a 15% extra charge above the BTC Price List.
c. For works to be carried out at a 3 day collection service, there shall be a minimum of a 30% extra charge above the BTC Price List.
d. For the express 24 hour service and 3-day production, final ready artwork has to be submitted before 10am, after 10am it will start from the next working day (Please see our artwork guidance). Confirmation of submission and receipt is needed from both parties respectively.
e. Delivery time is not included within this time estimate provided for the service. The Customer must allow for extra time for delivery.
6. For in-shop order an initial payment of at list 50% (fifty percent) as a deposit is due once an order confirmation is sent from BTC to the Customer. This confirmation may be given by hand, sent via e-mail or by post. A further and final 50% must be paid once artwork is approved and confirmed. The seller at his discretion, may ask for part or full payment in advance of starting the work.
7. Artwork is not included in the BTC Print Price List. Cost of artwork is dependent on design created. A one-time amendment is allowed in each artwork. Any extra time will be chargeable on an hourly basis. BTC’s designer’s hourly rate at the date of print is £30.00 per hour. These hourly rates can be amended from time to time at BTC’s absolute discretion. The service provider has sole ownership of all artwork design by service
provider. Any completed artwork will be held for 6 months for any further print. Any further amendment will be at extra cost.
8. BTC will provide two options as a mock-up for any artwork or design. If the Customer wants to make amendments, they will have to bear the incurred charges.
9. After approval of any artwork by the Customer, BTC cannot be held responsible for any errors that may be present within this approved artwork.
10. All the correct contents and text for printing have to be supplied by the Customer in atimely manner before artwork is started. BTC will not take any responsibility for the Customer’s content and text. By providing the content and text, the Customer confirms they are not breaching any copyright and trademark laws or regulation.
11. In the event of any breach of any copyright or trademark laws or regulations, or similar, the Customer will indemnify BTC against all claims, costs and expenditure in relation to those breaches.
12. Estimates are based on the Seller’s current costs of production and, unless otherwise agreed in writing, are subject to amendment to meet any rise or fall in such costs that have taken place by the time of delivery.
13. BTC IT related work:
a. website or e-commerce website, all content and pictures will be provided by the customer. BTC will not take any responsibility for any copyright issues from any third parties for the content or pictures provided by the customer.
b. Any unpaid/outstanding payments for any services provided, such as IT service (Information Technology) e.g. website design, e- commerce sites, and maintenance of these services will result in cancellation of all services provided.
c. BTC will not take any responsibility for any unpaid website, e- commerce or RMS (restaurant management software) resulting in the loss or cancellation of the domain or hosting.
d. Any customer wanting to terminate their website or IT related services will have to pay all outstanding payments. The domain name will only be transferred to the customer subject to domain name availability.
e. BTC IT hold the rights for any website coding they have created for their customer for any IT related projects. The Administration site or ecommerce coding cannot be transferred to the customer.
14. 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.
15. Delivery charge is not included in the BTC Price List; it may vary on basis of urgency.
a. Delivery of the Work shall be accepted when tendered.
b. Unless otherwise agreed in writing completion and delivery times are a guide only and, whilst the Seller will make every effort to adhere to proposed timescales, time is not of the essence in any contract with the Buyer. Delivery
times may be given as per those provided by the courier service used.
c. Unless otherwise agreed in writing, (in which case an extra charge may be made) delivery will be to kerbside at the Buyer’s address and the Buyer will make arrangements for off-loading and for any additional transportation to its storage facility.
d. Subject to any agreement as per 14(c) above, delivery involving difficult access and/or unreasonable distance from vehicular access shall entitle the Seller to make an extra charge to reflect its extra costs.
e. Should expedited delivery be agreed the Seller shall be entitled to make an extra charge to cover any overtime or any other additional costs.
16. BTC on-line prices may differ from the BTC Price List at the shop.
17. VAT will be added on each order and the Customer must pay the VAT.
18. The service provider has the sole ownership of the Intellectual property. This means all copyright, design, artwork and website, web based software and e-commerce projects and all other Intellectual property.
19. The service provider has the right to change production time for technical issues/reasons.
20. The service provider holds the right to decline any order without any explanation.
21. Every order has three phases:
a. First phase work, means preparatory work made for an individual order such as concept building, design, artwork and colour matching. The lead-time for the order starts once the final mock-up for the art work or design is approved by the buyer. All payments need to be cleared prior to the 1st phase of the order.
b. Second phase of work is the production and quality control.
c. Third phase is handing over the products to the Customer.
22. Payment shall be due before the product is given to the seller before the printing process. The final payment is to be received by the seller once the buyer has approved the artwork and design. All goods that will be dispatched only when payments and accounts have been settled. 23. Any goods received by the Customer damaged or partially damaged goods need to be communicated to BTC no later than three days of receipt of the goods. 24. Any cancellations of orders made after agreement of these terms will incur an initial cancellation fee of £35.00 + VAT. Any cancellations made once the work has commenced will be charged on a “work carried out basis” e.g. if the first phase is underway approximately 50% of the fees will be payable, if the order has reached the second phase then all monies paid is non-refundable.
25. Any costs and disbursements incurred by BTC in relation to the Customers order will be payable by the Customer in full e.g. specific suppliers paid for the Customers specific order. Invoices will be provided for these costs.
26. Should the Work be suspended or delayed by the Buyer for any reason the Seller shallbe entitled to charge for storage and for loss of or wastage of resources that cannot otherwise be used.
27. Should the suspension or delay in clause 25 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.
28. Any unpaid/outstanding payments must be paid by the customer within five working days.
29. 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.
30. Materials supplied or specified by the Buyer
30.1 Electronic Files
a. It is the Buyer’s responsibility to maintain a copy of any original Electronic File provided by the Buyer.
b. The Seller shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed in writing.
c. Without prejudice to clause 29.1(b), 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.
30.2 Other Materials
a. Metal, film and other materials owned by the Buyer and supplied to the Seller for the production of type, plates, film-setting, negatives, positives, electronic files and the like shall remain the Buyer’s exclusive property. However where the Seller generates the content, the Seller may, in order to protect his intellectual property rights and at his absolute discretion, replace such material with unused
material of a similar or better quality.
b. The Seller may reject any film, discs, paper, plates, electronic files or other materials supplied or specified by the Buyer which appear to him to be unsuitable for the purpose intended. 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 the Seller in ascertaining the unsuitability of the materials then that amount shall
not be charged to the Buyer.
c. Without prejudice to clause 29.2(b), where materials are so supplied or specified, and the Seller so advises the Buyer, and the Buyer instructs the Seller in writing to proceed anyway, the Seller will use reasonable endeavours to secure the best results, but shall have no liability for the quality of the end-product(s).
d. Quantities of materials supplied shall be adequate to cover normal spoilage. Any costs incurred as a result of shortages, including re- starting jobs, duplicating masters etc. will be charged in addition to the estimated price.
30.3 Risk and storage
a. 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.
b. The Seller shall be entitled to make a reasonable charge for the storage of any Buyer’s property left with the Seller before receipt of the order or after notification to the Buyer of completion of the work.
30.4 Finished Goods
a. The risk in the Work and all goods delivered in connection with the Work shall pass to the Buyer on delivery and the Buyer should insure accordingly.
b. On completion of the Work, the Seller will store the Buyer’s materials and Work for a maximum of one month, after which time they will be destroyed without further notice.
31. Materials and equipment supplied by the Seller
a. Metal, film and other materials owned by the Seller and used in the production of intermediates, type, plates, film-setting, negatives, positives, electronic files and other production processes, together with items thereby produced, shall remain the Seller’s exclusive property.
b. Type shall be distributed and film and plates, tapes, discs, electronic files or other work destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, storage shall be charged.
c. The Seller shall not be obliged to download any digital data from his equipment or supply the same to the Buyer on disc, tape or by any communication link.
32. Retention of Title
a. The Work remains the Seller’s property until the Buyer has paid for it and discharged all other debts owing to the Seller.
b. If the Buyer becomes subject to Insolvency and the Work has not been paid for in full the Seller may take the goods back and, if necessary, enter the Buyer’s premises to do so, or to inspect and / or label the goods so as to identify them clearly.
c. If the Buyer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for the Seller in a separate account until any sum owing to the Seller has been discharged from such proceeds.
d. Where the Buyer is in breach of these Terms or performs any act of Bankruptcy or Insolvency the Seller reserves the right to approach the Buyer’s customer and to offer the Work directly to them, notwithstanding the fact that this will involve advising the Buyer’s customer that the Buyer is in breach or in default.
33. Proofs and variations
a. 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.
b. 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.
c. 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.
d. Variations in quantity: Every endeavour will be made to deliver the correct
quantity ordered, but estimates are conditional upon margins of 5 percent for
work being allowed for overs or unders, the same to be charged or deducted,
unless otherwise agreed in writing.
34. Claims and Liability
33.1 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 7 clear days of delivery (or, in the case of non-delivery, within 7 days of notification
of despatch). 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.
33.2 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.
33.3 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.
33.4 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.
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.
36. 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.
37. Illegal matter
The Seller shall not be required to print any matter, which in his opinion is or may be of
an illegal or libellous nature or an infringement of the proprietary or other rights of any
third party. The Seller shall be indemnified by the Buyer in respect of any claims, costs
and expenses arising out of the printing by the Seller for the Buyer of any illegal or
unlawful matter including matter, which is libellous or infringes copyright, patent, design
or any other proprietary or personal rights. The indemnity shall include (without limitation)
any amounts paid on a lawyer’s advice in settlement of any claim that any matter is
libellous or such an infringement.
38. 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
there under remain unpaid.
39. 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.
40. Data Protection
The Buyer is hereby notified that the Seller may transfer personal information about the
Buyer to a Credit Agency pursuant to clause 28 above.
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.
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.
Nothing in these Terms shall affect the rights of Consumers.
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
45. RMS – Restaurant Management System/Online ordering/Tables reservation’s Monthly fee/charge amount has to be paid in advance on the 1st of every month. Unpaid monthly charge will lead to the system not being supported and will be closed down. The customer must pay every 1st of the month by direct debit or standing order to keep the RMS (Restaurant Management Software/Online order) live. Monthly charges may increase if extra services are / need to be provided to maintain the services.
46. If the customer would like to end the website service at any time, then handover will occur once the outstanding payment has been paid. The customer will then own the domain name. The source code is the property of BTC Print Design and will not be handed over.