All domains (subdomain name).blurredcircle.co.uk are owned and operated by Blurred Circle
Registered office: Suite 54, Apex House, Devonshire Street, Manchester M12 6JQ
1. Tax – Blurred Circle are not VAT registered therefore no value added tax is payable whether or not included on the estimate or invoice.
2. Proofs – Proofs of all work may be submitted for customer’s approval and Blurred Circle shall incur no liability for any errors not corrected by the customer (we all this AA (authors alterations)) in proofs submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Blurred Circle’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis. The forgoing provisions relating to proofs applies to all types of proof provided to enable the customer to approve the content prior to printing taking place or digital media going live, proofs may take the form of hard copy, digital files or websites and applications viewed online.
3. Copyright – Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Blurred Circle shall vest in and belong to Blurred Circle. Blurred Circle may use any artwork or printing produced by itself for the purposes of promoting itself and/or Blurred Circle Design and Print. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text, fonts and/or any other reproduced materials (“Materials”) prior to instructing Blurred Circle to reproduce the same. The customer shall indemnify and hold Blurred Circle and their agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by Blurred Circle infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
4. Company logo – Unless otherwise specifically requested in writing any work may carry the Blurred Circle Design and Print logo which will be positioned at Blurred Circle’s discretion.
5. Delivery and payment – Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the “Guaranteed Period”)), delivery (as more particularly described in paragraph 6(a) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should Blurred Circle fail to deliver within the Guaranteed Period (see also paragraph 7 Variations in quantity), a service “credit” will be awarded up to the value of the order in question (redeemable against future orders within 6 months of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (“the Premium Charges”). Where the late delivery is as the result of the action or inaction of a third party, such as a carrier, Blurred Circle, at their absolute discretion, may elect to extend the Turnaround by one Working Day and the customer shall not be awarded a Credit during this time. These services rely on the customer not delaying the progress of the order in any way in the event of a customer delay the customer shall not be awarded a Credit and Blurred Circle shall not be bound to deliver within the Guaranteed Period. In addition:
6. Variations in quantity – Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and acceptable up to 4% and that Blurred Circle shall have no liability in respect of such variations. For shortages greater than 4% and less than 25% Blurred Circle’s entire liability will be to award a Credit of x – 4% pro rata to the value of the order where x = the shortage e.g. a shortage of 15% will receive credit of 11% of the value of the order. The Customer’s sole remedy in respect of shortages above 25% (“Additional Shortages”) will be a re-print of the entire shortage quantity of the relevant work, to be undertaken by Blurred Circle within a reasonable period of time. The Customer shall not be entitled to a Credit in respect of an Additional Shortage and where a re-print is actioned.
7. Claims – Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Blurred Circle within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Blurred Circle within two clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to Blurred Circle within two days of delivery. Blurred Circle shall not be liable in respect of any claim unless the aforementioned requirements have been complied with. Digital work will consist of those elements detailed on the project proposal and Blurred Circle shall be under no obligation whatsoever to provide anything more (including any extra functionality) howsoever in respect of the digital work (including any network access) other than that detailed in the project proposal. Any claim that the elements detailed in the project proposal have not been provided must be made in writing to Blurred Circle, Blurred Circle shall not be liable in respect of any claim if the claim in question is notified outside the aforementioned timescale.
8. Liability – Blurred Circle gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Blurred Circle shall not be liable for any loss arising from delay in transit not caused by Blurred Circle. Further, Blurred Circle shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data including any stored on or accessible through any digital work. The total aggregate liability of Blurred Circle in respect of any and all causes of action arising out of or in connection with the customer’s order and Blurred Circle’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 8) be limited to the sums paid to the printing.com reseller by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
9. Credit terms and payment – Blurred Circle offer no credit and all payments will be paid prior to any work being carried out. All online orders are to be paid in full before Blurred Circle produce any artwork. Should any artwork be carried out free of charge, Blurred Circle will invoice the customer the full artwork charge. The artwork charge will be refunded as credit to the customers print job.
10. Website hosting and Website design refunds –
11. Insolvency – If the customer ceases to pay its debts in the ordinary course of business or cannot pay its 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 it, Blurred Circle 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 the printing.com reseller, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Blurred Circle's possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as Blurred Circle thinks fit and to apply the proceeds towards such debts.
12. Illegal matter –
13. Full colour printing – All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, the printing.com reseller shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Blurred Circle reseller or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
14. Data Protection – By placing an order with Blurred Circle Design and Print and Blurred Circle the customer consents to its details being passed onto accounting. The details will be kept by Blurred Circle even after the customer’s trading relationship with the Blurred Circle has terminated. Blurred Circle may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that Blurred Circle or the printing.com reseller consider may be of interest to customers.
15. Force majeure – Blurred Circle shall be under no liability (and shall not be obliged to refund all or part of any fees paid by the customer) if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his 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 by written notice to Blurred Circle elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
16. Variation to Terms and Conditions – These terms and conditions may be amended from time to time by Blurred Circle (but not for the avoidance of doubt by any customers). The latest version of these terms and conditions may be accessed via the Website.
17. Digital work including websites, website services and mobile applications –
18. Severability – If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
19. Invalidity of other terms – Unless expressly agreed to in writing, no other terms (including those contained on any purchase order supplied by a customer) nor any representation will form part of any contract between the printing.com reseller in question and the customer and these terms and conditions will, in absence of any written agreement between Blurred Circle and the customer stating otherwise, represent the entirety of the terms of such contract.
20. Notice – Any notice to be required to be served under any contract between the printing.com reseller in question and the customer shall be in writing and delivered personally or sent by first class prepaid post to, in the case of the printing.com reseller in question, the address of the outlet operated by Blurred Circle in question and, in the case of the customer, to the address of the customer detailed in the order form. Any such notice shall be deemed properly served, in the case of personal delivery on delivery and in the case of posting two working days after the date of posting.
21. Law – These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between the printing.com reseller and the customer into which these terms are incorporated.