Print and Design Agreement

Subject to the terms of this Agreement and on the customer meeting Brookland Interactive’s credit approval requirements, Brookland Interactive agrees to provide the customer with printed goods and/or design services as described in the order, for the fees stated in the order.

No variation to these conditions shall be binding unless agreed in writing between the customer and Brookland Interactive.

Orders and Specifications

Orders placed online at www.brooklandinteractive.com for printing products and/or design services shall be deemed to be accepted by Brookland Interactive unless notified otherwise in writing by Brookland Interactive, who reserves the right to refuse any order at their discretion.

Orders for printed products and/or design work carried out by Brookland Interactive may be cancelled with the agreement in writing of Brookland Interactive. If the cancellation is agreed, a 5% charge of the total order value will be made plus a £10.00 charge to cover admin costs. Any costs incurred for work already carried out up to the date of the agreed cancellation will also be charged for, and deducted before any refunds are made.

The customer shall be responsible to Brookland Interactive for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the customer, and for giving Brookland Interactive any necessary information relating to the goods and services within a sufficient time to enable Brookland Interactive to perform the agreement in accordance with its terms.

The quantity, description and any specification for the goods provided shall be those set out in the order.

Any typographical, clerical or other error or omission in any literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Brookland Interactive shall be subject to correction without any liability on the part of Brookland Interactive.

It is the responsibility of the customer to ensure that the content of any artwork is correct, this includes print ready artwork supplied by the customer and any design proofs supplied by Brookland Interactive. Artwork supplied by the customer as print ready will be treated as such, any errors including typographical and design errors once printed are without any liability on the part of Brookland Interactive.

All orders for printed products are subject to a 5% overrun/underrun.

Payments

Payment can be made by credit/debit card or through PayPal. These options are recommended for printed orders as these will not be processed until cleared funds have been received. The customer can also be invoiced with payment accepted by either BACS or cheque.

Payments must be made in Great British Pounds. The customer is responsible for providing Brookland Interactive with changes to billing information (such as credit card expiration, change in billing address).

For invoiced orders, all payments are due 28 days from the date of invoice. If payment has not been received in full 5 days after the due date, a 10% late fee will be charged.

Delivery

Any turnaround times stated online, in writing or verbally are estimated and by no means guaranteed, any delivery deadlines not met are without any liability on the part of Brookland Interactive.

Delivery of the goods shall be made to the Delivery Address.

Brookland Interactive shall be entitled to charge the Customer for all storage charges reasonable incurred.

Refunds

In the event of any delivered printed goods containing a defect in their quality or condition, Brookland Interactive Limited must be notified within 2 days of delivery. These goods must then be returned for inspection. If the claim is valid, we will refund the full cost of the goods (or a proportion of the cost).

Brookland Interactive Limited shall be under no liability in respect of any minor defect or imperfection or blemish which occurs as a result of the inherent nature of the printing process.

Indemnification

The customer agrees to indemnify, defend and hold Brookland Interactive and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Brookland Interactive Party in connection with any use or alleged use of the Brookland Interactive website under your Member Name by any person, whether or not authorised by you or resulting from any communication made or content uploaded under your Member Name or any breach by you of this Agreement or the Acceptable Usage Policy. Brookland Interactive reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with Brookland Interactive’s defence of such claim.

Disclaimer

The customer agrees to use all of Brookland Interactive’s services and any information obtained through or from Brookland Interactive at the customers own risk.

Brookland Interactive does not warrant or represent that the service will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law, Brookland Interactive disclaims any and all warranties.

Limitation of Damages

Neither party shall be liable to the other for any loss of profits or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with this Agreement, even if the party has been advised or should be aware of the possibility of such damages.

Governing Law

This agreement shall be governed by the laws of England and all claims concerning these agreements shall be brought exclusively in English courts located in England.

Force Majeure

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, failure of the Internet, breakdown of plant or machinery, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

 

If Brookland Interactive is prevented or delayed in the performance of any of its obligations under this Agreement by force majeure, it shall forthwith serve notice in writing to the customer specifying the nature and extent of the circumstances giving rise to force majeure. Brookland Interactive shall, subject to service of such notice, use all reasonable endeavours to bring the force majeure event to a close or to find a solution by which this Agreement may be performed despite the continuance of the force majeure event.

If Brookland Interactive is prevented from performance of its obligations for a continuous period in excess of three months, the customer may terminate this Agreement forthwith on service of written notice upon the party so prevented, in which case neither party shall have any liability to the other except that rights and liabilities which accrued prior to such termination shall continue to subsist.

Customer Information

By registering an account with Brookland Interactive, the customer agrees to have read and understood our Privacy Policy and agrees to the use of the data that we collect in accordance with our Privacy Policy.

By registering an account with Brookland Interactive, the customer gives permission for any completed artwork/design to be included in the portfolio section of the website and for the completed artwork/design to be used in any advertising of the services provided by Brookland Interactive.

By registering an account with Brookland Interactive, the customer gives permission for any testimonials to be included on our website and for the testimonial to be used in any advertising of the services provided by Brookland Interactive.