Terms of Use

These are the terms on which You can benefit from the services provided via www.real-print.com as provided by Print Fair Limited of 6 Princes Avenue, London N10 3LR ("Provider").

If you wish to use www.real-print.com on the terms set out below, please click the "I accept" button, to acknowledge acceptance of these terms. These terms will then govern the relationship between you and provider and any use which you make of www.real-print.com
If you do not accept the terms and conditions laid down in this Agreement, please do not use the Service.

NOW IT IS AGREED as follows:

1. Definitions and construction
In this Agreement the following expressions shall apply (save where the context otherwise requires):
"Artwork" means artwork and graphical content provided by the Customer to Provider for Print-Runs.
"Customer" means the party which signifies acceptance of this Agreement by its representative inserting its details in the Order Form and click-accepting this Agreement.
"Customer Data" means all data processed by Provider or provided to Provider for processing or otherwise processed as part of the Services including, but not limited to, data generated by the website from visitor input.
"Downtime" means a period during which there is total loss of the Services.
"Intellectual Property Rights" means all copyrights, patents, database rights, registered and unregistered design rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world and for the full term thereof including all rights to renew the same.
"Month" means a calendar month and "monthly" shall be construed accordingly.
"Order Form" means the form integrated herewith which in conjunction with these terms and conditions forms the Agreement between Provider and the Customer.
"Outage" means an instance of Downtime.
"Print-Run" means a usage of the Services to produce and transmit or send out a particular piece of publicity material or correspondence.
"Service Credits" means the credits purchased by the Customer from Provider which cover the Service Fees as calculated via www.real-print.com in respect of each Print-Run.
"Service Fee" the fee chargeable for any Print-Run in accordance with the prices set out at the then current time on the Website.
"Service Interruption" means a period during which there is partial loss of the Services.
"Services" means the online management and production of Print-Runs via the Website.
"Term" means the effective term of this Agreement.
"Website" means www.real-print.com.

2. Provision of Services and Licences
Provider agrees in consideration of the payment of the Service Credits by the Customer to supply the Services on a non-exclusive basis upon the terms and conditions of this Agreement.

3. Duration
This Agreement shall continue until terminated by either party giving to the other not less than 60 days’ notice in writing.

4. Service Credits
The Customer undertakes to pay in advance for Service Credits and that it will use up such service Credits in payment for the Service Fees due in respect of each Print-Run and will also pay additional fees to Provider for any other services provided by Provider, such charges to be based on Provider’s then current charging rates.
Provider shall send to the Customer a statement in respect of Service Credits purchased and used in respect of the Services.
The Customer may at any time request a refund of unused Service Credits and this will be promptly reimbursed to the Customer by Provider.
Provider shall be entitled to increase the Service Fee for the Services at any time by changing the details on the Website.
All sums due under this Agreement are expressed inclusive of VAT.

5. Service Levels
The Provider will use its reasonable endeavours to make the Services available at all times.

6. Outages, Service Interruptions and Changes to Services
Outages or Service Interruptions may be made by Provider when in its reasonable opinion they are necessary to facilitate improvements to or maintenance of the Services. Provider will use reasonable endeavors to minimize the Outages or Service Interruptions that may be caused by a change.

7. Warranties and indemnities
Provider warrants to and undertakes with the Customer that:
Provider will use its reasonable efforts to provide the Services and to exercise reasonable care and skill and in accordance with the terms of this Agreement;
Provider has full right power and authority to provide the Services to the Customer in accordance with the terms of this Agreement; and
Provider has all requisite registrations under UK data protection legislation and will maintain such registrations throughout the Term and will comply with the provisions of such legislation.
Except for the express warranties set forth in this clause 7, the Services are provided on an "as is" basis, and the Customer’s use of the services is at its own risk. Provider does not make, and hereby disclaims, any and all other express and/or implied warranties, statutory or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose and any warranties arising from a course of dealing, usage, or trade practice. Provider does not warrant that the Services will be uninterrupted, error-free, or completely secure.
Provider does not and cannot control the flow of data to or from its network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt connections to the Internet (or portions thereof). Although Provider will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Provider cannot guarantee that such events will not occur. Accordingly, Provider disclaims any and all liability resulting from or related to such events.

8. Customer Obligations and Warranties.
In the event that the Customer is in breach of any of its obligations under this Agreement, then Provider can not be held responsible should the Services fail.

The Customer represents, warrants and undertakes that:
it has and shall during the Term have the legal right and authority to provide the Artwork to Provider and that the use thereof by Provider in providing the Services will not infringe the rights of any living individual or otherwise be in breach of any laws, regulations or codes of practice in existence in the United Kingdom or elsewhere and the Customer hereby indemnifies and holds harmless Provider in respect of any liabilities, losses, costs and expenses that arise from any such infringement or breach;
it will use the Services only for lawful purposes and in accordance with this Agreement;
the creation and content of all Print-Runs will be in accordance with all UK and international laws and, without prejudice to the generality of the foregoing, will not be infringing of any data protection or privacy laws; and
any data or Artwork provided by the Customer to Provider or employed by the Customer in its use of or receipt of the Services shall not infringe any Intellectual Property Rights of any third party and shall not be obscene or defamatory of any person and shall not violate the laws or regulations of any state which may have jurisdiction over such activity.
The Customer shall provide all such assistance, facilities and information to Provider as Provider may reasonably require in order to enable it to carry out its obligations under this Agreement.
In the event of any breach of any of the foregoing representations or warranties, in addition to any other remedies available at law or in equity, Provider will have the right to suspend immediately any related Services if deemed reasonably necessary by Provider to protect the proper interests of Provider or its other customers. If practicable and depending on the nature of the breach, Provider may (in its absolute discretion) give the Customer an opportunity to cure. In such case once the Customer has cured the breach, Provider will promptly restore the Service(s).

9. Security
Each party recognizes that it is impossible to maintain flawless security but (where relevant) Provider shall take all reasonable steps to prevent security breaches in its servers’ interaction with the Customer and security breaches in our interaction with resources or users outside of any firewall that may be built into Provider’s servers.
The Customer is responsible for maintaining the confidentiality of any passwords which are required to access the Services and is solely responsible for any damage caused by any such unauthorised access.

10. Limitation of liability
(CUSTOMER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE).
Provider shall not be liable for any loss or damage of whatsoever nature suffered by the Customer arising out of or in connection with any act, omission, misrepresentation or error made by or on behalf of the Customer or arising from any cause beyond Provider’s reasonable control.
Provider is not liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the Customer or for any wasted management time, failure to reconstitute data, failure to make anticipated savings or liability of the Customer to any third party arising in any way in connection with this Agreement or any maintenance or other agreement entered into between the Customer and Provider or for any liability of the Customer to any third party. 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.
The Customer accepts that Provider is in no way liable for any virus or other contaminants which enter the Customer’s email system or computer network via email.
Provider shall not be liable for any interruptions to the Services or Outages arising directly or indirectly from:-
interruptions to the flow of data to or from the internet;
changes, updates or repairs to the network or software which it uses as a platform to provide the Services subject to Provider striving to minimise the interruptions/outages that may be caused by such change;
the effects of the failure or interruption of services provided by third parties;
factors outside of Provider’s reasonable control;
any actions or omissions of the Customer (including, without limitation, breach of the Customer’s obligations set out in this Agreement) or any third parties;
problems with the Customer’s equipment and/or third party equipment;
interruptions to the Services requested by the Customer.
None of the clauses above shall apply so as to restrict liability for death or personal injury resulting from the negligence of Provider or its appointed agents.
No matter how many claims are made and whatever the basis of such claims, Provider’s maximum aggregate liability to the Customer under or in connection with this Agreement or any other agreement between the parties or any software related to this Agreement, in respect of any direct loss (or any other loss to the extent that such loss is not excluded by clauses 10.1-10.4 above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the Service Fee due or paid for the affected Print-Run(s).
The Customer agrees that it is in a better position to foresee and evaluate any loss it may suffer in connection with this Agreement and that the Service Fees have been calculated on the basis of the limitations and exclusions in this clause 10 and that the Customer will effect insurance as is suitable having regard to its particular circumstances and the terms of this clause 10.

11. Intellectual property rights
The Customer hereby grant to Provider a non-exclusive, royalty-free licence during the Term to use, reproduce and display the Artwork and Customer’s trade marks for the purposes of using the data for the provision of the Services.

12. Termination
In the event of termination of this Agreement:-
the Customer agree promptly to pay to Provider all outstanding payments;
Provider’s entitlement to use the Customer’s trade marks ceases immediately except as necessary for the provision of any post-termination services;
Provider may in its sole discretion agree to provide any assistance reasonably requested by the Customer in connection with the hand-over to a third party of any services provided by Provider hereunder, and the Customer shall pay Provider in accordance with its then current standard rates for any such assistance.
Termination of this Agreement shall be without prejudice to any rights or obligations which shall have accrued prior to such termination.

13. Confidentiality and Ownership of Customer Data
Each of Provider and the Customer hereby undertakes with the other to:
keep confidential all Confidential Information;
not without the Customer’s written consent disclose the Customer Data in whole or in part to any other person save those of its employees agents and sub-contractors involved in the provision or receipt of the Services and who have, and to the extent that they have, a need to know the same; and
The provisions of clause above shall not apply to the whole or any part of the Confidential Information to the extent that it is:
trivial or obvious;
already in the other’s possession without duty of confidentiality on the date of its disclosure;
in the public domain other than as a result of a breach of this clause; or
to the extent that disclosure of such information may be required by any governmental agency or by operation of law and, in either such case, the party required to make such disclosure shall use reasonable endeavors to notify the other party of such requirement prior to making the disclosure.
Each of Provider and the Customer hereby undertakes to the other to make all relevant employees agents and sub contractors aware of the confidentiality of the Information and the provisions of this clause .
For the avoidance of doubt, all Customer Data shall remain at all times the exclusive property of the Customer and may only be used by Provider in order to fulfill its obligations pursuant hereto.

14. Notices
Any notice request instruction or other document to be given hereunder shall be delivered or sent by first class post, email or by facsimile transmission (such email or facsimile transmission notice to be confirmed by letter posted within 12 hours) to the address or to the facsimile number of the other party set out in this Agreement (or such other address or numbers as may have been notified) and any such notice or other document shall be deemed to have been served (if delivered) at the time of delivery and (if sent by post) upon the expiration of 48 hours after posting and (if sent by facsimile transmission or email) upon the expiration of 12 hours after dispatch.

Notices to Provider
Email: info@real-print.com
Facsimile Number: 0208 883 2227

15. Invalidity and severability
If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

16. Entire agreement
Subject to clause 17.2, this written Agreement (including the Order Form) and the sections of the Website setting out further details of the Services and Service Fees for the Services constitute the entire agreement between the parties hereto relating to the subject matter hereof. In entering into this Agreement neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this clause 17.1 shall relieve either party of liability for fraudulent misrepresentations.
No change, alteration or modification to this Agreement shall be valid unless in writing and signed on behalf of both parties hereto.

17. Law
This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Customer Service Hours
The Customer service helpdesk, will be available to accept, and work on support calls received from the Customer between the hours of [07:00am and17:30pm] Monday through Friday excluding UK Public Holidays. Times specified are UK local Times (i.e. in summer these will be BST and not GMT). Calls may be made to the following number: 0208 883 2227
Alternatively, emails may be sent to: info@real-print.com