Terms of Service

2.1 Who we are

We are Print, Direct Mail and Fulfilment Ltd, a company registered in England and Wales. Our company registration number is 15052906 and our registered office is at 54 Park Road, Doncaster, South Yorkshire, United Kingdom, DN12 2EH, our registered VAT Number is GB450154819.

2.2 How to contact us

You can contact us by telephoning one of our account manager’s at 01132246910 or by writing to us at support@intelliprint.net or Intelliprint Department, Print, Direct Mail and Fulfilment Ltd, Unit 3, Silver Royd Business Park, Silver Royd Hill, LEEDS, LS12 4QQ.

2.3 How we may contact you

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails

When we use the words "writing" or "written" in these terms, this includes emails.

3.1 Our contract with you

A contract will come into existence between you and us when one of our accounts managers emails you to confirm that your account has been set up or you receive any other electronic notification confirming set up of your account.

3.2 How to make orders for Services

You will submit orders for Services using the Intelliprint Dashboard.

3.3 How we will accept your orders

Our acceptance of your orders will take place when you are notified that we have accepted your order on our Intelliprint Dashboard.

3.4 If we cannot accept your order

If we are unable to accept an order that you make on the Intelliprint Dashboard, we will inform you of this and will not charge you for the Service. This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product or because we are unable to meet a deadline you have specified.

4.1

In consideration of you agreeing to abide by the terms of this Agreement, we hereby grant to you a non-exclusive, non-transferable licence to use the Software in the UK on the terms of this Agreement until terminated in accordance with this Agreement.

4.2

You may use the Software for your personal purposes only.

4.3

We may update the Software, provided that the Software shall always match the description of it that we provided to you before you bought it.

Except as expressly set out in this Agreement or as permitted by any local law, you undertake:

• (a) not to copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
• (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
• (c) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

i. is used only for the Permitted Objective;

ii. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

iii. is not used to create any software that is substantially similar in its expression to the Software;

• (d) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
• (e) to include our copyright notice on all entire and partial copies of the Software in any form;
• (f) not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us; and
• (g) to comply with all applicable technology control or export laws and regulations.

6.1

You acknowledge that all intellectual property rights in the Software throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Licence.

6.2

You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.

7.1 The Services: We provide direct mail services as stated on the Intelliprint Dashboard from time to time

You will upload your mail to the Intelliprint Dashboard and order the nature of the Service required. We offer different Services as set out on the Intelliprint Dashboard which may include different postage options or print quality. We reserve the right to change the nature of the Services available from time to time.

7.2 Stock: We will hold your mailing stock such as envelopes, brochure, and leaflet inserts etc., on a 3 month rolling basis

We will charge you £30 per pallet each month for any stock that we hold for you for more than 3 months.

7.3 Inactivity of Account and Cancellation of Credits: If your account is inactive for more than 365 days then we reserve the right to cancel your account

We will provide you with at least 14 days’ notice to the email address associated with your account before we cancel your account. To avoid us cancelling your account you will need to take one of the following steps:

• (a) submit an Order; or
• (b) notify us in writing that you intend to use your account within the next 3 months (‘the Extended Period’).

7.4 No Warranty about Delivery: We do not offer any warranty, express or implied, regarding the delivery of your mail

We use Royal Mail for delivery, unless otherwise advised, and there remains a risk of delayed or non-delivery which is beyond our control and for which we will not be liable.

If you wish to make a change to the Service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Service, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

9.1 Minor changes to the Services

We may change the Service:

• (a) to reflect changes in relevant laws and regulatory requirements; and
• (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service; and
• (c) as advised on the Intelliprint Dashboard; and
• (d) in accordance with changes to Services provided by Royal Mail.

9.2

More significant changes to the Service and these terms.

If we make any significant changes to the Service, we will notify you and you may then contact us to end the contract before the changes take effect.

10.1When we will provide the Service. We will supply the Services to you until you end the contract as described in Clause 11 or we end the contract by written notice to you as described in Clause 13.

10.2 We are not responsible for delays outside our control

We aim to provide a same day Service, meaning any mail that you upload to the Intelliprint Dashboard by 3pm on a business day will be processed and dispatched that same day. Alternatively, you can select your preferred mailing dispatch date when you submit your order. If our supply of the Services is delayed by an event outside our control, for example if we experience exceptional demand, then same day dispatch or dispatch on your selected date may not be possible. If such a delay occurs, we will contact you as soon as possible to let you know and we will process and dispatch the mail as soon as we reasonably can. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but that were not carried out.

10.3What will happen if you do not give required information to us. We may need certain information from you so that we can supply our Service to you, for example, the address the letter should be sent to. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and Clause 13.2 will apply) or refuse to complete the Order. We will not be responsible for not supplying the Service if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

10.4Reasons we may suspend the supply of our Service to you

We may have to suspend the supply of our Service to:

• (a) deal with technical problems or make minor technical changes;
• (b) update the Service to reflect changes in relevant laws and regulatory requirements;
• (c) make changes to the Service as requested by you or notified by us to you (see Clause 8).
• (d) update the Service to comply with changes mandated by Royal Mail or other third parties, as required.

10.5Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Service, unless the problem is urgent or an emergency. You may contact us to end any orders submitted which have not been processed by us. If the Order has not been processed by us then we will refund any charges to your card within 14 days.

11.1You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with our Service, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

• (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or replaced or a service re-performed or to get some or all of your money back), see Clause 15 if you are a consumer;
• (b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 11.2;
• (c) If you are a consumer and have just changed your mind about the product, see Clause 11.3.
• (d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 11.6.

11.2Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you for any Services which have not been provided and you may also be entitled to compensation. The reasons are:

• (a) we have told you about an upcoming change to the Service or these terms which you do not agree to (see Clause 8.2);
• (b) we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
• (c) there is a risk that supply of the Service may be significantly delayed because of events outside our control;
• (d) we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or
• (e) you have a legal right to end the contract because of something we have done wrong.

11.3Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

11.4When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

11.4.1 digital products after you have started to download or stream these;

11.4.2 services, once these have been completed, even if the cancellation period is still running.

11.5How long do consumers have to change their minds?

When you have bought services.? You have 14 days after the day we email you to confirm your account has been set up. However, once we have completed the services or your first Order you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

11.6Ending the contract where we are not at fault and there is no right to change your mind. After the 14 day period referred to in Clause 11.3, you may close your account at any time. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

12. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

12.1Tell us you want to end the contract. To end the contract with us, please let us know by:

(a)Phone or email. Call customer services on 01132246910 or email us at support@intelliprint.net. Please provide your name, your phone number and email address.

• (b) Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.

(c)By post. Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

12.2When your refund will be made. If you are due a refund. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

13.1We may end the contract if you break it. We may terminate this Agreement immediately by written notice to you if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

13.2You must compensate us if you break the contract. If we end the contract in the situation set out in Clause 13.1 you may be liable to pay us compensation for any loss or damage caused by your breach.

13.3We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know at least 1 month in advance of our stopping the supply of the Service and will refund any sums you have paid in advance for Services which will not be provided.

13.4What happens on Termination. In the event of termination of this agreement for any reason:

• (a) all rights granted to you under this Agreement shall cease;
• (b) you must cease all activities authorised by this Agreement; and
• (c) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can telephone our customer service team at 01132246910 or write to us at support@intelliprint.net or Intelliprint Department, Print, Direct Mail and Fulfilment Ltd, Unit 3, Silver Royd Business Park, Silver Royd Hill, LEEDS, LS12 4QQ.

Technical Issues. We are not responsible for any technical or connection issues arising from you own internet access. We will use our reasonable endeavours to ensure that the Intelliprint Dashboard is available, but we make no warranties as to the availability of the Intelliprint Dashboard.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is services, for example , the Consumer Rights Act 2015 says:

• (a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
• (b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
• (c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Clause 11.2.

16.1Where to find the price for the product. The price of the Service (which includes VAT) will be the price indicated on the Intelliprint Dashboard for the individual orders submitted. We may, at our absolute discretion, adjust the cost of a Service from time to time but will not adjust the cost of the Service in respect of any orders you have already submitted via the Intelliprint Dashboard. Any changes to our prices will be reflected on the Intelliprint Dashboard and you will be able to review the price before you submit your order. We will increase our prices at least annually to reflect increases in postage costs, paper costs and labour costs. We take all reasonable care to ensure that the price of the Service advised to you is correct. If the Service price given to you by our accounts manager is incorrect, we will contact you as soon as we can with an amended price list.

16.2We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Service, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

16.3When you must pay and how you must pay. We accept payment with such credit and debit cards as detailed on the Intelliprint Dashboard from time to time.

Your options for payment depend on whether you are a consumer or business customer.

16.3.1 If you are a consumer you must provide details of a credit or debit card when setting up your account. We will then charge this card with each order for Services on the Intelliprint Dashboard.

16.3.2 If you are a business customer:

• (a) You must provide details of a credit or debit card when setting up your account. We will then charge this card with each order for Services on the Intelliprint Dashboard.; or
• (b) We may, at our absolute discretion, offer facilities for you to pay monthly by direct debit for the Services ordered each month. Our acceptance of payment by direct debit will be subject to a credit check.

16.4Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

16.5We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

16.6What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

17.1We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us when setting up your account.

17.2We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services as summarised at Clause 15.1.

17.3We are not liable for business losses. If you are a consumer we only supply the Service for to you for domestic and private use. If you use the Service for any commercial or business purpose our liability to you will be limited as set out in Clause 18.

17.4When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

17.5You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.

18.1Nothing in these terms shall limit or exclude our liability for:

• (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); or
• (b) fraud or fraudulent misrepresentation.

18.2Subject to Clause 18.1:

• (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £1,000 and twenty five per cent (25%) of the total sums paid by you to us in the 6 months prior to the alleged breach or loss.

19.1How we will use your personal information. We will only use your personal information as set out in our Privacy Policy which can be accessed here [LINK TO PRIVACY POLICY].

20.1We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 1 month of us telling you about it and we will refund you any payments you have made in advance for products not provided.

20.2You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

20.3Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

20.4If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

20.5Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.

20.6Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can only bring legal proceedings in respect of the products in the English courts.

20.7Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.