Terms and conditions

1. Introduction

1.1    These terms and conditions - the terms - govern every contract made between Polyspiral for the supply of services to any person, firm or company (- the “Client” -).“You” means the person or company who purchases the services from Polyspiral.
 

  1. The terms prevail over any written terms and conditions of the Client.
     

1.3 Any variation to the terms must be agreed in writing and signed by the business owner of Polyspiral.
 

1.4 All contracts between Polyspiral and the Client will be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
 

2. Quotations

  1. All quotations given by Polyspiral will be valid for 30 days from the date of the quotation provided by Polyspiral.

  2. The Client must accept the quotation by signing and returning the order form in accordance with clause 3 below.

  3. If the Client’s final order changes from the original specification made for the quotation, Polyspiral reserves the right to vary the quotation.
     

3. Ordering

  1. Orders for work must be given in writing to Polyspiral by the Client on the order form supplied by the Polyspiral which sets out the services which will be provided by Polyspiral.

  2. Notwithstanding clause 3.1, if Polyspiral accepts a verbal order from the Client Polyspiral will not be held responsible for any mistakes (made by either party) arising from that verbal order.

  3. Polyspiral reserves the right to refuse to accept any order.
     

4. Cancellations
 

4.1 When entering into the contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (the regulations”) allow you to cancel the contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the services you agree to us commencing supply of those services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the contract under the regulations.


4.2 For the avoidance of doubt, any use of the services and or any package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.


4.3 Unless specifically stated to the contrary in the details of the service or package you purchase or agreed in writing by Polyspiral, the services are not available on a trial basis and it is your responsibility to ensure that the services you purchase are suitable for your technical requirements.


4.4 You are entitled to cancel the services by contacting Polyspiral in writing at least 3 months prior to the expiry of your minimum contract term. Once Polyspiral accepts your cancellation request you will be provided with written confirmation of your cancellation request.
 

4.5 Polyspiral reserves the right to cancel or suspend your service at any time without notice if you breach any of the terms and conditions.
 

5. Turnaround times
 

5.1 Turnaround times which are quoted in the price list and website are normal target times only and Polyspiral accepts no liability for failure to meet these times, but will use its best endeavours to do so.

6. Colour balancing

  1. Polyspiral will, if requested by the Client, scan images to a colour balance provided by the Client by way of reference prints, if no such request or reference material is provided by the Client Polyspiral will scan and/or print images using its own judgment for colour balancing.

7. Price and payment

  1. The Client will pay Polyspiral the fixed fee or current price list charge - whichever is agreed at the time of instruction.

  2. Polyspiral will invoice the Client at 28 days from the date of acceptance of the order if feedback is not received to progress the Client's project.

  3. Invoices from Polyspiral to the Client for supply of goods or services must be paid in full on receipt of invoice by bank transfer (bank details are supplied on the invoice).

  4. Invoices from Polyspiral to the Client for Polyspiral plus services should be paid in full on receipt of invoice by bank transfer - final files will NOT be released until PayPal confirm settlement.

  5. Polyspiral reserves the right (without disclosing a reason) to demand payment for work on collection at any time.

  6. Polyspiral reserves all rights to suspend all services until payment is received in full and all outstanding debt is cleared. You are responsible for any additional costs incurred by Polyspiral in collection of an outstanding debt.


8. Refunds

8.1 Charges due on a pre-pay basis (together with set-up fees, where applicable) are non-refundable

8.2 In the event that Polyspiral cancels your service for reasons other than your breach of contract, you will be entitled to a pro rata refund based upon the remaining period of your current contract term.

8.3 If you contravene your agreement with Polyspiral a refund will not be issued in the event of cancellation.

8.4 Deposits for work are non-refundable

9. Uncollected work

  1. If any items of work including prints and original files belonging to a Client are not collected after 12 months of the requested work being done, Polyspiral reserves the right to dispose of such material.

10. Copyright and moral rights

  1. Polyspiral claims no copyright in material submitted to us for the purposes of fulfilling the Client’s instruction.

  2. The Client warrants that the Client owns or controls all rights, has obtained all copyright, or has permissions, consents and waivers now and hereafter required for all copying, processing, scanning, printing and manipulation to be undertaken by Polyspiral

  3. The Client also warrants that no copyright or moral rights will be infringed by Polyspiral carrying out the requested work.

  4. The Client agrees to indemnify Polyspiral against all losses, damages, claims or expenses which Polyspiral may incur by virtue of any breach of the above warranties.

  5. Polyspiral shall update the website with materials provided from time to time by the Client. The Client shall ensure that the materials do not fringe any applicable laws regulations or third party rights.

11. Liability

  1. The Client must contact Polyspiral concerning details of an invoice within 7 days of the date of the invoice.

  2. Polyspiral 's liability to the Client or any other party for the loss including theft, or destruction or damage to any materials provided by the Client which are deposited with Polyspiral for whatever reason will be limited to the replacement cost of the actual material and;

  3. Polyspiral will not be liable for the cost of reshooting or reprinting the material contained on the material and;

  4. Polyspiral will not be liable for any loss or damage to the Client or any other party including loss of income and;

  5. It is the Client's responsibility to insure against such loss and damage.

  6. Polyspiral will not be liable for failing to complete any contract between Polyspiral and the Client due to circumstances beyond Polyspiral control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.

  7. Polyspiral will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by your or for any wasted management time or failure to make anticipated savings or liability you incur to third party arising in any way in connection with this agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

  8. Polyspiral will not be liable for any interruptions to the services or outages arising directly or indirectly from:

    1. Interruptions to the flow of data to or from the internet;

    2. changes, updates or repairs to the network or software which it uses as a platform to provide the services;

    3. the effects of the failure or interruption of services provided by third parties;

    4. problems with your equipment / third party equipment; or

    5. interruptions to the services requested by you.

  9. All work is backed up on two cloud servers not held at Polyspiral’s offices and two devices which are held with Polyspiral staff which are security protected

  10. Each website hosted on Polyspiral’s web server are backed up daily.

  11. Please note that we may require suspension of some of Polyspiral’s services for short scheduled periods of time to carry out maintenance or repair to Polyspiral’s services.


12. Website hosting security care packages:

  1. Includes:
    1. Daily automatic onsite backup and of the website
       

    2. Regular backups downloaded to Polyspiral locally held data centre
       

    3. Manually running the security updates your website
       

    4. Fixing any issues an update can cause
       

    5. Support - anything you want to discuss which can be features added to your website or any issues of concern.
       

  2. Website hosting security care packages does not include:
    1. Setting up your email or any email issues
       

    2. Fixing damage done by plugins or modules added to your website that cause harm to your website
       

    3. Adding DNS record settings, such as SPF for email marketing
       

  3. Website care package and hosting terminations

    1. If the client chooses to terminate the care package they are to give three month's notice from that request, after which the website will be released to whomever will be hosting the client's website

14. Third party software

Unless agreed otherwise Polyspiral does not provide support for any third party software such as Mailchimp, ContantContact, Gmail, OutLook or any other service.


Call 01787 464690 or email info@polyspiral.com