Terms & Conditions - Print & Design Store

WEBSITE AND TRADING TERMS & CONDITIONS FOR “The Print & Design Store“

“The Print & Design Store” is a trading name of “Wave Interactive Limited” hereinafter referred to as “The Print & Design Store” or “The Company” and “PDS”.

Welcome to our website

These terms and conditions relate to all products and services, presented and approved by The Print & Design Store.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, we ask that you do not use our website, thank you .

By placing an order with PDS through the website you are acknowledging that you are forming a contract between yourself and PDS from this point and that this contract will supplant all others, changes to the terms of the contract cannot be made without prior written consent. You will receive confirmation that your order has been accepted via electronic notification. PDS has the right to decline any order.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. The latest version of these terms and conditions may be accessed via the Website.

1. Payment Terms

(1.1) Payment will be made in full as part of the original order process unless agreed in writing in advance. PDS does not accept liability for payment not reaching the intended account due to a customer quoting or processing incorrect account details. Any discounts applied are at the discretion of PDS and PDS have the right to remove such discounts at any time. We do not store any credit or debit card data.

(1.2) No goods or services will be provided or despatched without full payment. They will remain the property of PDS until payment has been received in full. No work will start or continue where payment has not been received. Title in the Products shall pass to the customer upon dispatch from our production hub. All goods delivered or not, remain the property of PDS until full payment has been received.

2. Quotations, Pricing & Tax

(2.1) The price you pay is the price displayed on this website at the time you place your order, and this price will remain valid until the goods and services are supplied or until the order has been cancelled. PDS reserves the right to make any changes to the price after confirmation of the accepted contract/order to take into account changes in costs of production, wages or cost of materials. Any price or quotation is subject to change at any point without notice, including advertised offers.

(2.2) Value added tax is payable on some printed products, where applicable it will then be added to your order. Whether or not shown on the quotation or invoice PDS reserves the right to charge the amount of value added tax, taxes, duties or royalties etc to account for changes in the law or government regulation. You are responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate tax authority. PDS are not obligated to determine whether Taxes apply to you and are not responsible for calculating, collecting, reporting or remitting on your behalf any Taxes to any tax authority arising from any Payment Transaction.

(2.3) Samples may be distributed at PDS’s discretion. If not returned in good condition within 14 days you will be charged the current RRP value of that item and an additional administration fee of £25+vat.

3. Refunds, Cancellation of Work & Work on Hold

(3.1) All refunds are issued at the discretion of PDS. If a refund has been agreed by PDS the refund will be credited online only to the account of the credit card making the original payment unless agreed by PDS. Refunds will take at least 5 to 10 working days to be completed once PDS have agreed the refund.

(3.2) A refund may not be offered or agreed by PDS where PDS offers to replace or rectify defective goods or services, this offer must be accepted by you unless you can clearly show a reason for refusing the offer. In order to replace or rectify any goods or services all defective work must be returned to PDS before a replacement can be issued. If this does not take place PDS will assume that the goods and services have been accepted by you and you do not require any further replacement. If you engage the services of a third party to have any work or services re-done without notification and agreement to PDS we have the right to withdraw our responsibility to rectify the goods or services.

4. Statutory Rights

(4.1) Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).

(4.2) You must inform PDS of your decision to cancel your order via electronic notification. On receiving your request PDS will communicate to you an acknowledgement of receipt. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item.

(4.3) You do not have the right to cancel any goods or services once we have begun the contract that have required personalisation or been made to your own specification. PDS reserves the right to agree to any changes requested by you once the contract has started, a charge might be applied. A deduction might also be applied if work has started but a refund has been agreed by PDS.

(4.4) PDS reserves the right to decline requests to hold an order. If an order is on hold for longer than 14 days from start of the contract a 10% charge of the total value of the original order will be made in addition to a one off £25.00 administration fee. PDS reserves the right to cancel and or, discard your order after 28 days of ordering.

5. Quantities

(5.1) You acknowledge and accept that minor variations regarding quantities are inherent within the print process and that slight variations are immaterial and that PDS shall have no liability in respect of any variations. You will be charged at the contracted rate for the quantity that is delivered if within 5%. PDS will however endeavour to ascertain that you receive the correct quantity ordered, ensuring at a minimum within this scope.

6. Claims

(6.1) Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to PDS so as to reach us within 48 hours of delivery. Any claims regarding the quality of goods received should also be made in writing to PDS so as to reach us within 48 hours of delivery. You must also have given written a communication to the carrier.

(6.2) PDS requires you to inspect all goods at the time of receiving them. If there is a claim relating to damage, delay or partial loss whilst the goods were in transit this must be shown on the delivery note at the time of the delivery, failure to provide this will remove PDS from any liability.

(6.3) You may be asked to provide photographic evidence of any damage etc. and, or be asked to store the goods for up to 30 days whilst an investigation by PDS is considered.

(6.4) If PDS offers to rectify, replace or refund part or all of your order you must have returned any goods received in the condition you received them before any refund or resolution can be approved. Delivery costs must be accommodated by you and PDS reserve the right to charge an administration fee of £25.00.

7. Buyer’s Obligations for ‘LARGE FORMAT’ Products

(a) Co-operate with the Company in all matters relating to the Goods; and

(b) Provide to the Company, in a timely manner, a full and concise Purchase Order and/or other information as the Company may require to ensure that the order is accurate in all respects, plus, correct artwork.

(7.1) Artwork: The Buyer will provide ‘print ready artwork’ in accordance with the attached artwork specification supplied from the Company. Where the Buyer or their agent does not do this and delivery is required within 72 hours of the provision of artwork (including notification of FTP address details or equivalent from where the artwork is to be downloaded) then the Company reserves the right to charge the Buyer for Pre Press time for each artwork piece and for each dimension in which it is required to convert the artwork into ‘print ready artwork’. Our standard charge for Pre Press time is £26 per half hour.

(7.2) Dimensions: The Buyer will specify the height and width, visual size and finished size from outer edge to opposite outer edge of hemmed / pocketed / kedered (extra material of printed pieces). The Company will use its best endeavours to achieve those dimensions but it is deemed that the Buyer will accept the dimensions achieved by the Company providing they are within 2% of those dimensions (width(s) and height(s)) specified by the buyer. This tolerance can be reduced for those printed pieces where the Buyer specifies they are to be installed in advised tension systems (such as Universal, Nova, Springflex and Traxx). In these instances the Buyer must always specify the tolerance, which should not be less than 15mm, and this tolerance is accepted in writing by the Company in it’s Order Confirmation document.

(7.3) Colours: Best colours are achieved when the Buyer provides the Company with a cromalin or printed proof to match to; and / or specifies RAL numbers or coated pantone numbers to be achieved for designated areas of block colour. Where the Buyer or their agent does not provide such information then the Buyer is deemed to accept the colours on the print(s) produced by the Company’s ‘print from file process’.

(7.4) Sample or Test Prints: Where the Buyer requires a sample or test print prior to authorising production of their order the Company at their sole discretion will provide such prints at a cost of £75 for up to a maximum of 5 square metres of print. (This cost includes delivery of the sample). Such additional charges can be refunded to the Buyer in whole or in part, at the sole discretion of the Company, when the Buyer places their order which were the subject of the buyers request for the sample or test prints.

(7.5) Company’s Right to use Buyer’s Artwork: Unless refused in writing by the buyer at the time of placing their order(s) with the Company then the Company will presume, and be so indemnified by the Buyer, that it has the Buyer’s permission, and that of their client, to use any artwork provided to demonstrate the Company’s services in its website, brochures and any other promotional products.

8. Delivery and Acceptance Prior to Installation of ‘LARGE FORMAT’ Products

(8.1) It is the Buyer’s sole responsibility to inspect the goods, at the address specified by the buyer, prior to their installation / display. Inspection should cover – substrate used, colours, print quality, dimensions, perimeter or other finishing, the appearance of the Goods when they are backlit (if that is to be their use). If that cannot be done at the Buyer’s specified delivery address then arrangements can be made to carry out this inspection at the Company’s premises prior to despatch of the Goods. Where the Buyer declines to carry out an inspection prior to installation it will be deemed that the Buyer has accepted the Goods as correct. If, after installation / display of the Goods, the goods are rejected for any reason whether or not such rejection has been caused by the Company’s production / delivery process, then all costs to do with takedown / reinstallation / loss of media value / any other claims are the sole responsibility of the Buyer.

(8.2) If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to or declines to deliver the Goods on time because the Buyer has breached any of its obligations the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). For the avoidance of doubt any payment due upon delivery shall remain payable notwithstanding non-delivery due to the Buyer’s failure to accept delivery.

(8.3) Where specified in the Contract, the Company may deliver the Goods in instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.

(8.4) Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence).

(8.5) If in the Buyer’s reasonable opinion the Goods are not in accordance with the Agreement the Buyer must reject them by notice in writing within 2 working days of delivery stating in what respect he believes the Goods are deficient (‘Rejection Notice’). Alternatively the Buyer shall accept them (‘Acceptance’). Any delivery sent by the Company to the Buyer via overnight courier should be signed for ‘unchecked’ or ‘damaged’. Failure to do so will prevent the Company from making a claim against the courier and the Company will deem that the goods have been accepted by the Buyer.

(8.6) In the event of a Rejection Notice within 2 working days of delivery the Buyer shall return the Goods to the Company and the Company shall repair or replace them at its option and in due course make them available for delivery again. Inspection of the goods by the Company, or its agents, will be permitted to inspect the Goods in-situ if required.

(8.7) If the Buyer shall fail to issue a written Rejection Notice within 2 working days of delivery or if he shall make use of the Goods then Acceptance shall be deemed to have occurred at such time or immediately following the expiry of such period.

(8.8) The Buyer should note that the Company will only issue credit notes against rejected goods on receipt of returned goods to the Company for inspection. Relevant photographic evidence of any rejection will be required prior to any replacement Goods being reprinted to show in detail the alleged problem(s). The Company reserves the right not to reprint Goods prior to having the original Goods returned in such cases where colour; and /or print quality have been highlighted as the reason for the rejection.

9. Manufacturer Warranty for ‘LARGE FORMAT’ Products

(9.1) Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company. For marketing purposes PDS may have altered or changed some large format product names from the manufacturer’s original title. This will not affect any warranty or guarantee that The Company has been able to transfer to the buyer.

(9.2) The Company warrants that (subject to the other provisions of these conditions) the goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and be reasonably fit for use upon the Site or in the location if such details have been advised and accepted by the Company. The warranty issued will vary according to the usage and intended location of the goods, as specified by the Buyer. The Company reserves the right to revoke any warranty where the Buyer, contrary to advice given by the Company, insists on a specification of Goods that is deemed by the Company to be unsuitable for the intended usage and/or location as notified by the Buyer.

(a) Goods supplied for indoor use will be warranted for a minimum period of 18 months from date of invoice. The Company must be advised of the intended usage by the Buyer at the point of placing a Purchase Order with the Company for this warranty to be effective.

(b) Goods supplied for outdoor use will be warranted for a minimum period of 12 months from the date of invoice. The Company must be advised of the intended usage by the Buyer at the point of placing a Purchase Order with the Company for this warranty to be effective.

(c) Any signage Goods which are supplied with a 2-component, water based lacquer finish will be warranted against undue pollution and colour degradation for 5 years from date of invoice.

(9.3) The Company shall not be liable for a breach of any of the warranties in condition 9.2 unless:

(a) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit by the carrier, within 2 working days of the time when the Buyer discovers or ought to have discovered the defect; and

(b) the Company is given a reasonable opportunity after receiving the notice of examining such Goods.

(9.4) The Company shall not be liable for a breach of any of the warranties in condition 9.2 if:

(a) the Buyer makes any further use of such Goods after giving such notice; or

(b) the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation use or maintenance of the Goods or (if there are none) good trade practice; or

(9.5) Subject to condition 9.3 and condition 9.4, if any of the Goods do not conform with any of the warranties in condition 9.2 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Goods or the parts of such Goods which are defective to the Company.

(9.6) If the Company complies with condition 9.5 it shall have no further liability for a breach of any of the warranties in condition 9.2 in respect of such Goods.

10. Materials Supplied by you

(10.1) PDS shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or identified by you.. Additional costs may be incurred if these are deemed to be unsuitable during the production process unless where these additional costs could have been foreseen before production commences without causing moderate delay.

(10.2) You agree to provide PDS with adequate quantities of materials to cover normal spoilage, PDS shall have no liability for any shortfall in quantity (an insufficient supply).

(10.3) Guidelines are provided for you to upload any data to PDS as part of your order, PDS accepts no responsibility if you do not follow this advice and as a result the product is of poor quality. You agree that any data uploaded by you onto the PDS site will be done at your own risk, PDS is not liable for any uploaded data during the uploading process or after which is lost or damaged.

(10.4) PDS strongly recommends that you retain a copy of any data that is uploaded. PDS is permitted by law to be able to delete your material/data stored by us at any time. PDS may establish policies and limits concerning the storage of material and or data uploaded by you and the sum of any material that may be uploaded by you. PDS may also change their policies and limits at any time with or without notice to you.

(10.5) Any personal information about someone else that you provide PDS you agree to have received their consent in advance. You must not upload any information that will breach any third party rights to such data unless you have the consent of the third party. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their rights.

(10.6) You agree that PDS can remove any material or data uploaded by you or not to fulfil any order if, in our opinion, such material or data does not conform to the standards already detailed in this document. PDS will process a full refund for an order we do not fulfil under these circumstances, however an administrative charge or any additional charges relating to any work already carried out by PDS may occur.

(10.7) PDS reserves the right to refuse any order that requires the printing or involvement of illegal, libellous, an inappropriate disposition, extreme or political nature, or infringement of PDS or other rights of any third party. Equally PDS reserves the right to refuse any print or involvement that in their opinion may or may not be prejudicial or detrimental to their business or good of PDS.

(10.8) Without prejudice to terms and conditions portraying to copyright, you agree to indemnify and hold PDS harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.

(10.9) PDS accepts no responsibility for any losses however caused relating to the suitability of use of any of it’s products or services for the purpose intended, this responsibility rests solely on you.

11. Copyright

(11.1) Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by PDS shall vest in and belong to PDS. PDS may use any artwork or printing produced by PDS for the purpose of promoting itself.

(11.2) You agree to be responsible for all necessary approvals and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials in advance of instructing PDS to replicate the same. You agree to guard and shield PDS and its agents/representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by PDS infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.

(11.3) All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website owned, controlled or operated by PDS are the intellectual property of PDS and as between PDS and you all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to PDS. No reproduction of any part is allowed without written permission.

12. Liability

(12.1) PDS provides no warranties or guarantees or makes any account as to the merchantability or fitness for an actual purpose of any completed work/goods of your order and all other warranties, conditions, guarantees or accounts, whether expressed or implied, oral or in writing, except as expressly stated in the terms and conditions are hereby excluded.

(12.2) PDS accepts no responsibility for any loss or damage arising from delay in transit or the supply of goods unless you have followed the notification of claims procedure set out in the terms and conditions.

(12.3) PDS shall not be liable for any indirect, special or consequential damages, even if foreseeable, of loss of profits or contracts, economic loss, loss of goodwill or loss of anticipated savings or loss of data, waste of management or office time incurred by you.

(12.4) The total collective liability of PDS regarding any products purchased through the website is strictly limited to the purchase price of that product, including any delivery costs. This is in respect of any and all causes of action arising out of or in connection with your order and the works carried out by PDS to meet that request, whether breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise.

(12.5) Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.

(12.6) Nothing in these terms and conditions shall affect the rights of a consumer.

13. Production

(13.1) Products supplied by PDS will have been made to your specification or personalised by you, you will not have any right to cancel the supply of any of the Products once we have begun carrying out the contract i.e. we have confirmed your order in writing (by email). Once artwork has been uploaded, our automatic processes may make it impossible to cancel your order. If it is possible to make changes, a minimum charge of £25+VAT will be applied or we shall be entitled to make additional charges on a time and materials basis to cover such additional work already carried out. Production shall be deemed to begin when the following conditions are met: payment has been made, artwork has been uploaded and accepted and the order has been confirmed. If these events take place after 5pm on a production day, production will be deemed to begin on the next production day. Your order confirmation will contain an estimated delivery date based upon the nature of your order, which is typically the next working day after production is completed.

(13.2) Unless there are exceptional circumstances, your Products will be dispatched for delivery on the last production day in accordance with the production service chosen by you during the ordering process:

Small Format Print

Standard: typically 4 production days.
Express: typically 2 production days.

Large Format Print

Standard: typically 4-5 production days.
Express(Upon request only currently): typically 2-3 production days.

Please note larger quantities and items that require complex finishing – e.g. folding, creasing, binding, stitching, die-cutting – will require longer production time. We will inform you of the production time for your order at the point of order and delivery date in your confirmation email.

(13.3) After production, we dispatch all finished orders by courier for next day delivery. Some postcodes include but not exclusively Northern Ireland (BT), the Scottish Highlands & Islands (AB31-38, AB41-45, AB51-56, FK19-21, HS, IV, KA27-28, KW, PA20-88, PH5-10, PH15-26, PH30-44, ZE), Isle of Man (IM), or Isle of Wight (PO31-41) may take between 3 and 5 working days, and may incur an extra charge.

(13.4) Production days are held to be working days: Monday to Friday inclusive unless notified otherwise, e.g. for some UK Bank Holidays.

(13.5) Where production is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.

(13.6) The responsibility for collection and or delivery of Products lies with the customer. Any carriage arranged by PDS is on the customer’s behalf and PDS and it’s suppliers are not liable for any delays arising out of that carriage. Title in the Products shall pass to the customer upon dispatch from any of our/our suppliers production facilities.

14. Delivery

(14.1) Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.

(14.2) PDS accepts no responsibility for deliveries being missed due to non payment. It is the customer’s responsibility to ensure that full payment is made before delivery can take place.

(14.3) International transit times are approximate and may be subject to customs clearance. Local country restrictions apply. PDS will not be held responsible for any delay of delivery of the goods with international deliveries.

(14.4) PDS cannot be held responsible for any customs and excise charges that may occur from the import or export of your goods.

(14.5) Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us. We reserve the right to make an additional delivery charge for re-dispatch of the Products to the correct delivery address.

(14.6) All products will be signed for upon delivery, if anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient, we will incur no liability provided that parcel was delivered to the address provided by the purchaser.

(14.7) Delivery to temporary addresses such as hotels, exhibition and conference centers etc. is entirely at the risk of the customer and in some circumstances our suppliers/couriers may reserve the right to refuse delivery to these addresses.

(14.8) You must notify us in writing within 2 working days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action. These are the terms set by our suppliers and we can unfortunately make any claim after this period.

15. Quality

(15.1) You agree that any proof copies you may receive issued by PDS are not colour exact and are circulated for content checking purposes only.

(15.2) You understand that all reasonable efforts shall be made by PDS to obtain the best possible colour reproduction on your work but variation is inherent in the print process due to computer hardware set-ups and ink tolerances. It is understood and accepted as reasonable that, PDS shall not be required to guarantee an exact match in colour or texture between your photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by PDS or another party) or any other materials or data supplied by you and the printed article requested in your order. You also agree that spot colour matches from Pantone cannot be created using the full colour process.

(15.3) You agree that all artwork will be printed using CMYK unless you request in writing otherwise, you agree that any changes to this will incur an additional fee.

16. Proofs

(16.1) Electronic proofs of all work may be circulated for your approval. PDS shall incur no liability for any errors subsequently discovered by you once you have accepted the proof. You accept that once the proof has been approved you cannot change your order without incurring additional charges for further alterations. Where style, type or layout is left to the discretion of PDS, any subsequent changes to these areas required by you shall be subject to additional charges on a time and materials basis. You agree that if you choose not to receive a proof we shall have no liability to you for any errors in the order subsequently discovered by you.

(16.2) Where any additional work of any nature is necessary as an outcome of copy supplied by you not being clear and/or legible, PDS shall be entitled to make additional charges on a time and materials basis to cover such additional work.

(16.3) Unless specifically confirmed in writing to the contrary, all files supplied to PDS must be in PDF/x-1a format and PDS only quote for one design per kind, any additional are chargeable unless stated.

(16.4) Unless otherwise specifically requested in writing any work that may carry the PDS imprint will be positioned at PDSs discretion.

Your statutory rights are not affected by these terms and conditions.

17. Force Majeure

(17.1) PDS shall be under no liability or responsibility if it shall be unable to perform, or is delayed by, or unable to procure materials required, any obligation that is caused by events outside their reasonable control (without limiting the foregoing) Act of God, the acts/decrees/legislation/regulations or restrictions of any government, war (whether declared or not), invasion, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, drought, failure of power supply, impossibility of the use of public or private telecommunications networks, means of using public or private transport, civil commotion, riot, terrorist attack or threat of, lock-out, strike or other industrial action.

(17.2) If such a situation should arise for the continuation of the period PDS will have an extension of time to fulfil the initial contract, PDS will take reasonable undertakings to bring Force Majeure to a close or obligations to be performed despite the situation. PDS and you will be entitled by written notice to terminate the contract in whole or in part. PDS will not incur any liability whatsoever to you. If the contract is terminated under these circumstances, you must pay for any work already carried out and materials used.

18. Reseller

(18.1) The reseller accepts that PDS own the copyright in such materials and reserves all copyright therein. PDS reserves the right, in its sole discretion and without incurring any liability to Reseller, to update, improve, replace, discontinue, modify or alter the specifications for and functionality of the products or the online service from time to time.

(18.2) The reseller may use these materials to market and promote the products under the terms and conditions of this agreement. The reseller must receive written consent prior to these materials being reproduced, modified, distributed or otherwise used in whole or in part in any manner. The reseller must be able to evidence, if requested the use of PDS services within no more than 4 months either side of date of download. The reseller may not use these materials to market and promote services that differ from those provided by PDS.

(18.3) Subject to the terms and conditions of this agreement, PDS hereby grants the reseller and its authorised users a license to the products as set forth in the Terms and conditions; provided that the reseller’s license shall apply only to its internal use in production in the reseller’s support centre and for demonstration of the products to prospective users and not for any other purpose, including providing managed services.

(18.4) The product images may not be linked to or appear on web pages or other media containing inappropriate material such as but not limited to, material that is obscene including (child pornography), sexually explicit, defamatory, libellous, threatening, abusive, hateful, excessively violent, racially offensive or that PDS otherwise deems harmful or offensive. By using these images, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to download and use these images. Upon termination of this agreement and as directed by PDS, the reseller shall: remove all copies of the above materials provided by PDS and provide evidence to confirm.

19. Complaints

(19.1) If you have a complaint you must put this into writing within 2 working days of receiving your goods. The complaint will be assessed and if PDS deems it necessary, a reprint may be offered. Any complaints made after 2 working days are automatically void of any offer to reprint and will not be assessed.

20. Variation to Terms and Conditions

(20.1) These terms and conditions may be amended from time to time without notice. The latest version of these terms and conditions may be accessed via the Website. The terms and conditions that will apply to you are those that are in force at the time that you place your order from PDS excluding any changes made to these guidelines due to law or government intervention or by PDS through written notification at the time of receiving your order confirmation. In these circumstances PDS have the right to assume that you have accepted these changes unless you let them know to the contrary within 5 working days of receiving your product(s).

21. Law

(21.1) These terms and conditions and all other express terms of the contract with you shall be governed and construed in accordance with English and Welsh law. The courts of England and Wales shall have jurisdiction in relation to any matters arising in connection with any contract between you and PDS into which these terms are incorporated.