EXPRESS PRINT LIMITED - GENERAL TERMS AND CONDITIONS
The expression "the Printer" shall mean Express Print Limited and shall include the company's successors in title and assigns. The expression "the Customer" shall mean the person, firm or company by whom an order which Incorporates these general terms and conditions is given and shall Include the client's successors in title.

1. PRICE VARIATION AND ESTIMATES - Estimates are based on the Printer's current costs of production and unless otherwise agreed are subject to amendment at any time after acceptance to meet any rise or fall in such costs. The Printer will not be held to any price estimated over the telephone. A firm quotation will be given only on sight and receipt of work.

2. TAX - Except in the case of a Customer who is not contracting in the course of a business nor holding himself out as doing so, the Printer reserves the right to charge the amount of any valued added tax payable whether or not included on the estimate or invoice.

3. PRELIMINARY WORK - All work carried out whether experimentally or otherwise at Customer's request shall be charged.

4. COPY - A charge may be made to Cover any additional work involved where copy supplied is not clear and legible.

5. PROOFS - Proofs of all work may be submitted for Customer's approval and the Printer shall incur no liability for any errors not corrected by the Customer in proofs submitted.Customer's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Printer's judgement changes there from made by the Customer shall be charged extra. Any client that is shown a proof and fails to see and correct an error has accepted that error on his work and can under no circumstances disclaim payment.

6. DELIVERY AND PAYMENT - (a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the payment shall become due.
(b) Unless otherwise specified the price quoted is for delivery of the work to the Customer's address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address or if outside London.
(c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any additional costs involved.
(d) Should work be suspended at the request of or delayed through any default of the Customer for a period of 30 days the Printer shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs involved. The Printer shall at its discretion be entitled to charge interest at up to 4% per annum above National Westminster Bank base rate quoted from time to time on any account which remains unpaid after the due date and such interest shall accrue due and be chargeable from the date the work is completed and ready for collection.The Printer shall be entitled to recover from the customer all costs and disbursements incurred by the company in employing a solicitor, debt collector or other third party to enforce or collect payment of any over due account. While an account is overdue for payment the Printer may withhold or suspend performance of any outstanding contractual obligation. Not withstanding the above, the customer will grant the Printer permission to deduct any funds due from previously supplied credit card information.

7. TITLE-(a) For the purpose of section 12 of the Sale of Goods Act 1979, the Printer shall transfer only such Title or rights in respect of the goods as the Printer has and if the goods are purchased from a third party shall transfer only such Title or rights as that party has and has transferred to the Printer.
(b) Not withstanding the earlier passing of risk, Title in the Goods shall remain with the Printer and shall not pass to the Customer until the amount due under the Invoice for them has been paid in full.
(c) Until Title passes ,the Customer shall hold the Goods as bailee for the Printer and shall store or mark them so that they can at all times be identified as the property of the Printer.
(d) The Printer shall be entitled at any time before Title passes to repossess and use and sell all or any of the Goods and so terminate (without any liability to the Customer) the Customers right to use, s ell or otherwise deal in them and for that purpose or for determining what if any Goods are held by the Customer and inspecting them, to enter into the premises of the Customer.
(e) Until Title passes the entire proceeds of sale of the Goods shall be paid into any overdrawn bank account and shall at all times be identifiable as the vendor's money.
(f) The Printer shall be entitled to maintain an action for the price of any Goods notwithstanding that Title in them has not passed to the Customer.

8. VARIATIONS IN QUANTITY - Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding £50,000), the same to be charged or deduct

9. CLAIMS - Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Printer and the carrier within three clear days of delivery (or in the case or non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Printer and the carrier within seven days of delivery (or in the case of non-delivery within 42 days of despatch). All other claims must be made In writing to the Printer within 28 days of delivery The Printer shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves that (a) It was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.

10. LIABILITY - The Printer shall not be liable for any loss to the Customer arising from delay in transit not caused by the Printer.

11. STANDING MATERIAL & ELECTRONIC FILES -(a) Metal plates, film, and other materials owned by the Printer and used by him in the production of plates, film-setting, negatives, positives and the like shall remain his exclusive property. Such items when specially supplied by the Customer shall remain the Customer's property.
(b) When the Printer prepares or amends artwork for the Customer, the Customer is paying for the finished print job and design time to acheive this. Any electronic files used to produce artwork remain the sole property of the Printer.
(c) Work prepared on our c omputer system is subsidised and any electronic files, disks or other storage methods remain the sole property of the Printer. They can be sold to the Customer only on payment of an extra amount to bring origination price in line with advertising agency rates, a rate fixed solely by the Printer and at the Printer's discretion only.

12. CUSTOMER'S PROPERTY - (a) Except in the case of a Customer who is not contracting in the course of a business nor holding himself out as doing so, Customer's property and all property supplied by or on behalf of the Customer shall, while it is in the possession of the Printer or in transit to or from the Customer, be deemed to be at Customer's risk unless otherwise agreed and the Customer should insure accordingly.
(b) The Printer shall be entitled to make a reasonable charge for the storage of any Customer's property left with the Printer before receipt of the order or after notification to the Customer of completion of the work.

13. MATERIALS SUPPLIED BY THE CUSTOMER - (a) The Printer may reject any paper, plates or other materials supplied or specified by the Customer which appear to him to be unsuitable Additional cost incurred if materials are found to be unsuitable du ring 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 Printer in ascertaining the unsuitability of the materials, then that amount shall not be charged to the Customer.
(b) Where materials are so supplied or specified the Printer will take every care to secure the best results but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.

14. INSOLVENCY - If the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Printer without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the Customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to him and (ii) in respect of all unpaid debts due from the Customer have a ge neral lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 day's notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.

15. ILLEGAL MATTER - (a) The Printer 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.
(b) The Printer shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the Customer. The indemnity shall extend to any amounts paid on a lawyer's advice settlement of any claim.

16. FORCE MAJEURE - The Printer shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control (without limiting the foregoing) Act of God. Iegislation, war fire, flood drought, 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 Customer may by written notice to the Printer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

17. LAW - These conditions and all other express terms of the contract shall be governed in accordance with the laws of England.

Additional terms relating to internet matters.
18. The Customer's Responsibilities
(a) It is the customer's obligation to ensure that they do not upload a virus to the web space provided by Express Print which could infect the Express Print server. The customer must not allow a virus to enter the Internet community by allowing Internet users to download files containing viruses and knowingly or otherwise from their web space which is on a Express Print server.
(b) It is the customer's obligation to ensure that any material being uploaded is not in breach of copyright. Express Print accepts no responsibility for the customer's actions in either uploading material to the WWW or in the customer's transferral of any material to other Web sites.
(c) The customer agrees not to upload any material which would be considered to be contrary to public decency and morality. Express Print reserve the right to randomly inspect Web sites and in the event that any unauthorised material has been uploaded to that Web site, Express Print reserve the right to inform the authorities and to terminate this contact forthwith. Uploaded material would expressly incl ude pornographic, barbaric and overtly tasteless material.
(d) The customer agrees that it shall not cause or permit or in any way assist in any unauthorised publication, any dissemination of any defamatory material or any material which could be considered to be in breach of the criminal laws of England and Wales.
(e) The customer agrees to keep secure the login name and password specified on the application form and not to pass that information to any unauthorised person. In the event of the customer's login name and password being used by any unauthorised person, Express Print accept no responsibility and the customer will be liable for additional charges arising therefrom.
(f) If the contract is terminated for whatever reason, the customer will not be entitled to a refund either pro-rata or at all of the contract price.
(g) The customer agrees not to perform any action which will result in the reduced performance of the Express Print server to the detriment of other users.
(h) Not to commit any act whereby access is gained by the customer to any information or resources of any body corporate or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions.
(i) The customer agrees not to use Express Print's servers to send unsolicited or spam e-ma il to other Internet users. Failure to meet this obligation would result in the termination of this contract without refund.
(j) Not to do any act or omission, the result of which would have the effect of bringing Express Print into disrepute.

19. Limitation of Liability (a) For the avoidance of doubt Express Print has no obligation duty or liability in contract and/or tort for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
(b) In any event and in no circumstance shall Express Print be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision of the service to the customer.
(c) In no circumstance shall Express Print be liable for any loss whether direct or indirect arising from the content of any information placed by the customer onto the service provider of Express Print.
(d) Under no circumstances shall Express Print be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever by the failure of, or any problem experienced by the customer in it's operation of it's web site.
(e) Each provision of this condition is to be const rued as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.

20. Indemnity (a) Without prejudice to any other rights or remedies which Express Print may have against the customer, the customer shall indemnify Express Print against any loss or expenses sustained by reason of any breach of this contract and any actions, proceedings, claims or demands in any way connected with this contract brought on by or threatened against Express Print by a third party which are caused by or arise from any action of Express Print carried out pursuant to the instructions of the customer.
(b) The customer shall indemnify Express Print against any actions, proceedings, claims or demands in any way connected with this contract brought or threatened against Express Print by a third party which are caused by or arise from any act or default of Express Print carried out pursuant to the instructions of the customer.

21. Charges (a) The full contract price must be paid prior to Express Print providing the service contemplated by this contract.
(b) All charges of whatever nature in respect of service shall as such be as Express Print shall determine from time to time. On each occasion when service is provided to the customer, the customer shall pay the charges in force at that time, full details of which will be available from the address specified in condition 9.
(c) Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on the customers bill.
(d) Subject to paragraph 9 below, the administration charge referred to therein is payable in full within seven days.
(e) Should Express Print have to issue Court proceedings pursuant to this contract the customer accepts responsibility for all Express Print legal fees and disbursements notwithstanding the value of the claim, on an indemnity basis.
(f) Any third party costs Express Print may incur due to processing the payment for the services will be payable by the customer within seven days.

22. Termination of this contract by Express Print (a) If the customer does not pay any charge when due or breaks this contract in any other way Express Print can terminate this contract immediately without the requirement of prior notification.
(b) Termination of this contract by Express Print will result in the retaining by Express Print of all monies received from the customer who will not be entitled to a refund of monies paid.
(c) Upon termination of this contract the customer shall nevertheless remain liable for all charges due or which would have been payable under this contract.
(d) On termination Express Print will remove all materials held on Express Print's computer and remove all privileges entitled to the customer.
(e) Subject to the discretion of Express Print, after termination, if Express Print agree that the customer may once again be reconnected to the service, any reconnection will be subject to an administration charge of £50 together with any outstanding charges payable prior to the reconnection.

23. Termination of the contract by the customer (a) The customer can terminate this contract at any time in writing to the following address: Express Print Ltd., 160 Broadway, West Ealing, London W13 0TL. In an event of the customer so terminating this contract, the customer will be entitled if they so wish to continue with the contract until the expiration of the contract period or alternatively the customer may request the immediate termination of the contract. In either case, the customer will not be entitled to a refund of any monies paid under this contract.
(b) Not withstanding the above, the customer is entitled to give notice of termination of this agreement within 30 days of th e date of commencement of the agreement and receive a refund of monies paid provided that: (1) The refund of money is limited to customers obtaining a web space account and the registration and hosting of a web address only. (2) The provision does not apply to existing customers of Express Print. (3) In the event that expenses have been incurred by Express Print arising out of the exercise of the 30 day termination, Express Print reserve the right to deduct out of pocket expenses from any refund due to the customer.