Terms and Conditions
This is a product of Consider This Limited
Website Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Consider This Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Consider This. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Consider This Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Terms and Conditions of our Services
1. Price Variation. Estimates are based on current costs of production and unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
2. Tax. Consider This Ltd reserves the right to charge the amount of any taxes, value added tax, duties or royalties, etc, which are 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. (If applicable)
4. Copy. A charge may be made to cover any additional work involved where copy supplied is not clear or legible.
5. Proofs of all work may be submitted for Customer’s approval and Consider This Ltd shall incur no liability for any errors not corrected by the Customer in proofs so submitted, Customer’s alterations and additional proofs necessitated thereby may be charged extra. When style, type or layout is left to Consider This Ltd’s judgement, changes there from made by the Customer shall be charged extra.
6. Copyright. (a) The Customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs. The Customer will indemnify the designer/printer and his agents from any claim arising thereof. (b) Any work originated by Consider This Ltd shall remain the copyright of Consider This Ltd unless any other agreement is entered into writing and is approved by Consider This Ltd.
7. Company Imprint. Unless otherwise specification requested in writing, all work will carry Consider This Ltd’s company imprint which will be positioned at Consider This Ltd’s discretion.
8. 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 ownership shall pass and payment shall become due. (b) On certain classes of work Consider This Ltd reserves the right to insist upon payment being received prior to commencement of work. (c) The responsibility of collection/delivery of goods lies with the Customer. Any carriage arranged by Consider This Ltd is on the Customer’s behalf and Consider This Ltd is not liable for any delays arriving out of the carriage. (d) In consideration of Consider This Ltd accepting instructions from any private company, limited company, plc, individual ‘trading as’, charity, partnership, organisation, or government body, the directors or other duly authorised officers hereby guarantee (and if more than one, jointly and severally) payment of all fees and disbursements payable by the company to Consider This Ltd to the intent that they (the signatories) shall be jointly and severally and personally liable with the company to Consider This Ltd (e) Should work be suspended at the request of or delayed through any default of the Customer for a period of 30 days Consider This Ltd shall then be entitled to payment of work already carried out, materials specially ordered and the other additional costs including storage.
9. Credit. (a) Credit arrangements will only be considered subject to acceptance of payment being made in full within 30 days of the date invoice. (b) Failure to make payment can incur a monthly interest charge of no more than 10% of the gross amount being levied from the date of the invoice. (c) By placing an Order with Consider This Ltd whether in the form of a memo, letter, formal Purchase Order or otherwise, the Customer agrees that full payment of the goods or services delivered shall be made no later than 30 days from the date of Consider This Ltd’s invoice.
10. Currency Fluctuations. The invoice price can vary from the estimate given subject to exchange rate fluctuations.
11. Completion Dates. No completion dates are guaranteed unless Priority Service is specified and paid for, the required date notified in writing. In the event of such a completion date not being met then Consider This Ltd’s liability shall only extend to the refund of the Priority Service charge.
12. Variations In Quantity. Every endeavour will be made to deliver the correct quantity of printed material 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 deducted.
13. Claims. Any query regarding the invoice or the goods supplied must be made to Consider This Ltd in writing within 30 days of the invoice date or delivery date, whichever is the latest. Any query regarding non delivery must be made within 14 days of the invoice date. Claims outside this limit will not be entertained. Consider This Ltd shall not be liable in respect of any particular case where the Customer proves that (i) it was not possible to comply with the requirements (ii) advice (where required) was given and the claim made as soon as reasonably possible. The maximum amount of any claim cannot exceed the cost of replacing the material involved in the production of the work by Consider This Ltd and no claim for consequential loss will be considered.
14. Standing Material and Artwork. (a) Digital artwork/files, film plates and other materials owned by Consider This Ltd and used by the company in the production of type, plates, mould, stereotypes, electrotypes, film-setting, artwork, negatives, positives and the like shall remain Consider This Ltd’s exclusive property. Such items when supplied by the Customer shall remain the Customer‘s property (b) Type may be distributed, negatives destroyed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
15. The copyright of all Brand (appearance of artwork), design, artwork, images, illustration and photography created by Consider This Ltd. shall remain the property of Consider This Ltd.
16. Customers Property. (a) Except in the case of a Customer show is not contracting in the course of business nor holding himself out as doing so, Customer’s property and all property supplied to by or on behalf of the Customer shall while it is in the possession of Consider This Ltd or in transit to or from the Customer be deemed to be at the Customer’s risk unless otherwise agreed and the Customer should insure accordingly. (b) Consider This Ltd shall be entitled to make a reasonable charge for the storage of any Customer’s property left with the printer (c) Whilst every care is taken, Consider This Ltd and its agents cannot accept any responsibility for loss or damage to artwork, photographs transparencies etc. Any liability shall be limited to the replacement cost of the basic material.
17. Material Supplied by the Customer. (a) Consider This Ltd may reject any paper, plates or other materials supplied or specified by the Customer which appear to Consider This Ltd to be unsuitable. 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 costs could have been avoided but for unreasonable delay by Consider This Ltd in ascertaining the unsuitability of the materials, then that amount shall not be charged to the Customer.
18. Title and Risk. (a) The Goods shall be at the Clients risk from the time of delivery or receipt of the same. (b) Notwithstanding delivery, the Goods sold remain the absolute property of Consider This Ltd until payment of all amounts involved has been made. (c) The Client acknowledges that until such time as payment is made, it is in possession of Goods solely as Bailee for the Company and shall store the goods separately from its own goods and in such time a payment is made. (d) The Client acknowledges that until such time as payment is made, it is in possession of Goods solely as Bailee for the Company and shall store the goods separately from its own goods and in such a fashion as to be readily identifiable by the Company’s representatives. (e) In the circumstances where the goods are delivered to an address specified by the Client and are not paid for the Company shall be entitled to enter upon the premises of the Client with such transport as necessary and repossess the goods to which it has hereunder.
19. Insolvency. If the Customer ceases to pay his debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be able to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy petition issued against him. Consider This Ltd without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the Customer, such charge to be an immediate debt due to Consider This Ltd, and (ii) in respect of all unpaid debts due from the Customer have a general lien on all goods and property in Consider This Ltd’s 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 the company thinks fit and to apply the proceeds towards such debts.
20. Translation. Whilst Consider This Ltd will attempt to provide the best possible translations it is the Customer’s responsibility to approve the quality of translations supplied. No responsibility will be accepted by the company for inaccuracies, unless it has been agreed that Consider This Ltd will be given sufficient time to check and edit the work.
21. Illegal Matter. (a) Consider This Ltd shall not be required to print any matter which in its 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) Consider This Ltd 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 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 in settlement of any claim.
22. Full Colour Printing. Every effort will be made to obtain the best possible colour reproduction on Customer’s work but because of the nature of the processes involved Consider This Ltd shall not be required to guarantee an exact match in colour or texture between the Customer’s original colour photograph or transparency and the printed article. Customers who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing, must order a colour proof, in writing when placing the order. This will be charged as an extra. It is the Customer’s own responsibility to ensure that the colour photograph(s) or transparency(ies) submitted are suitable for the work in hand. The company cannot accept liability for unsatisfactory results caused by unsuitable or inferior photographic originals.
23. Force Majeure. Consider This Ltd shall be under no liability if it is unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, 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 send written notice to Consider This Ltd to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
24. Law. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
25. Consider This Ltd Terms and Conditions are applicable to, and cover all and any work produced or created by Consider This Ltd under instruction from the Client, this document will remain in force throughout the duration of the working relationship between Consider This Ltd and the client, and can only be terminated with the agreement of Consider This Ltd and the customer in writing.
26. Our web development team will match at the time of developement and contract agreement to offer required functionality for current Internet Explorer versions which are supported officially by the official Vendor/Manufacturer and same may apply to other web browsers.
Suspension of Service
Consider This reserves the right to remove or suspend any server, website or web service should Consider This determine, in its absolute discretion, that it in any way endangers our network or servers/accounts on our network. Events, which may cause such action, include but are not limited to:
• server involved in a Denial of Service Attack
• server is involved in any form of illegal activity.
• server is hacked or otherwise compromised
• server is in any way used inappropriately
• server is causing network disruption however caused.
• customer does not comply with Consider This’s Acceptable Use Policy
• customer does not comply with Consider This’s terms and conditions
Planned and emergency downtime
Consider This reserves the right to suspend service provision with no notice should emergency maintenance become necessary. For planned downtime, wherever possible Consider This will inform the affected customer(s) by contacting them directly via either phone or email. In the event of full server suspension of service, either planned or otherwise, Consider This reserve the right to notify customers via additional means, including, but not limited to, the following:
• social media (e.g. Twitter, Facebook, etc.)
It is not anticipated that planned downtime will exceed more than 8hrs per calendar month.
If in the event of an emergency, if a customer service must be suspended, Consider This will attempt to contact the customer directly, however, Consider This reserve the right to suspend any, and all, service(s) without prior notification.
Damage or loss of business
Consider This are at no point liable for damage to customer property, reputation or loss of business due to suspension of service caused by, but not limited to, the following:
• server involved in a Denial of Service Attack
• server is involved in any form of illegal activity.
• server is hacked or otherwise compromised
• server is in any way used inappropriately
• server is causing network disruption however caused.
• customer does not comply with Consider This’s Acceptable Use Policy
• customer does not comply with Consider This’s terms and conditions
Security updates
Consider This always advise that the latest version of any web platform is used for security reasons. Web services will be quoted with the option of update available at an additional cost to the customer. If a customer chooses not to accept the security/update package(s) available to them at any time, Consider This are not liable for any damage to customer property, reputation or loss of business caused by any of, but not limited to, the following:
• server involved in a Denial of Service Attack
• server is involved in any form of illegal activity.
• server is hacked or otherwise compromised
• server is in any way used inappropriately
• server is causing network disruption however caused.
• customer allows updates or content revisions that affect the service or information provided by that service
• customer does not comply with Consider This’s Acceptable Use Policy
• customer does not comply with Consider This’s terms and conditions
Backups and disaster recovery
In the event of a customer requiring a recovery from backup standard technical support call charges will be applied as detailed in our standard price list.
In the event that the customer approves the use of a Host365 engineer to remedy any error in their web site design, code, scripts or any programs whatsoever then the customer is liable for the relevant charges incurred in resolving the problem.
Technical Support hours
Working hours are defined as follows:
Monday to Friday 9.00am to 5.00pm
Saturday & Sunday Emergency cover only by prior arrangement
Public holidays Emergency cover only by prior arrangement