User terms & conditions for thehub

This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (Terms) on which you may use thehub (thehub) to sell any of your images (Images) that you upload to your website through our site connect functionality. Any sales you make to customers (Customers) will be on the Customer Terms and Conditions of Sale applicable at the time of the Sale. When you sell your Images through thehub, we act as your agent and you are the Seller referred to in the Customer Terms and Conditions of Sale.

You may share your Images with other users of thehub (Sharees) and you may also receive other user's (Sharers) images (Shared Images) as a Sharee on the Terms set out below.

These Terms will apply to your use of thehub and the contract between us (Contract) for the services we provide to allow you to publish your images, to connect your websites, to facilitate the sharing of your Images and other users' Shared Images, to act as your agent and to fulfil any contracts for the sale of your Images which are made through thehub including, printing, delivery and customer services (Services).

You may also use The Hub to place orders for products for personal use. In this instance, the relevant clauses of our standard Terms and Conditions. for purchases via theprintspace will also apply.

Please read these Terms carefully and make sure that you understand them, before registering to use thehub. You must accept these terms to register for thehub. If you refuse to accept these Terms, you will not be able to register for thehub.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 5. We will notify you when we update the Terms and those new Terms will apply for all use of thehub and Services provided after that date. You may cancel your registration to thehub at any time as set out in clause 3.

These Terms were most recently updated on 07/02/2017.

  1. information about us

    1. We operate thehub at www.theprintspace.co.uk/hub. We are Printspace Studios Limited (trading as theprintspace), a company registered in England and Wales under company number 06043884 and with our registered office and trading address at 74 Kingsland Road, London E2 8DL. Our VAT number is GB 913 1746 40.

    2. To contact us, please see our Contact Us page.

  2. registration

    1. You must register and create an account (your Account) if you wish to use thehub. For the steps you need to take to register on thehub, and details of how to sell your Images and use our Services, please follow the instructions on thehub.

    2. You confirm to us that all information provided is true and accurate. You must keep your Account information up to date. We may use the information you provide to verify your identity. We may refuse to accept any registration in our discretion.

    3. You may register free of charge for a basic account including image data storage of up to 10GB (Basic Account). We charge for data storage above 10GB (Additional Data Storage) as detailed in our Charges Page available to view from within a free Basic Account. By registering, you agree to pay these charges if you apply for any Additional Data Storage as set out in clause 9.

    4. Once you have registered, you will receive a Registration Confirmation email from us.

    5. In order to use certain Services and to appoint us as your agent, you must provide valid, up-to-date and complete credit card or debit card details acceptable to us, your VAT registration details and VAT number (if you are VAT registered) and any other relevant valid, up-to-date and complete contact and billing details requested, and by providing such details you authorise us to bill such card for any Additional Data Storage in accordance with clause 9 from time to time and/or any other sums due from you to us in accordance with clause 17.8.2.

    6. Additional Data Storage is subject to our charges as set out in clause 9. Any Services we provide for sales you make through thehub will be subject to our charges as set out in clause 16 and on our Charges Page available to view from within a free Basic Account.

    7. We reserve the right to decline any application for registration and/or any application for Additional Data Storage at any time for any reason in our discretion.

    8. Your registration will continue and we will provide the Services, in accordance with these Terms, until you or we cancel as set out in clause 3.

  3. your right to cancel and our right to cancel

    1. You may cancel your registration for thehub at any time.
    2. We have the right to cancel your registration, disable any Account, user name or password at any time. We will notify you if we do so.
    3. If you cancel your registration within 14 days of registering, you will receive a full refund of any charges paid for Additional Data Storage if it has not been used.
    4. If you use any of the Services or Additional Data Storage before you or we cancel your registration and/or if a Customer places an Order for any of your Images, then you will have to pay for those Services and/or Additional Data Storage in accordance with clause 9 or clause 16 as applicable. 


      To cancel, please log into your Account and follow the instructions. Or you may contact us by email, letter or phone by using the contact details on our Contact Us page or you may use the cancellation form on thehub.

    5. You may wish to keep a copy of your cancellation notification for your own records.

    6. Details of your right to cancel and an explanation of how to exercise it are provided in the Registration Confirmation.

    7. If your registration is cancelled (by you or us), you will not have any further access to thehub as a user. Your Images will be withdrawn from thehub and no longer available for sale. thehub is not a storage facility for your Images and you must ensure that you have your own storage and back up as you will not have any further access to your Images (or any Shared Images) on thehub.

    8. If a Customer has placed an Order for any of your Images before your registration is cancelled, then you agree that we may continue to act as your agent to fulfil that Order in accordance with these Terms, charge our fees and settle your Account in accordance with clause 17. We may decide not to fulfil that Order and in which case we will notify you.

    9. If you are a consumer, we are under a legal duty to provide Services that are in conformity with this Contract. See clause 6.2 for a summary of your key legal rights in relation to the Services. These legal rights are not affected by these Terms.

  4. 4. personal information

    1. We only use your personal information in accordance our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

    2. Your name, contact details and details of any sale you make with a Customer will be passed on and/or available to the Customer.

    3. Your details will also be shared with any user to whom you share your Images or from whom you accept their Shared Images.

    4. Limited details of any Customer who Orders a Product (as defined in clause 16.3) from you will be available to you in your Account. You agree that you have appointed us as your agent to liaise with your Customers on your behalf.

    5. Limited details of any customer who orders another user's products through you (as a Sharee) will be available to you in your Account. You agree that the Sharer has appointed us as their agent to liaise with their customers on their behalf.

    6. You must comply with our Privacy Policy with regard to any Customer, and Sharer's customer, information that you have access to. You must treat all Customer, and Sharer's customer, information as confidential. You must not disclose it to any third party. 

  5. our right to vary these terms

    1. We may revise these Terms at any time by amending this page. We will notify you of any changes and any use of thehub after notification will be subject to such amended terms.

    2. Whenever we revise these Terms in accordance with this clause 5, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

  6. if you are a consumer

    This clause 6 only applies if you are a consumer.

    1. If you are a consumer, you may only register for an Account at thehub if you are at least 18 years old and you confirm that you are at least 18 years old.

    2. As a consumer, we are under a legal duty to supply Services that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these Terms will affect your legal rights.

    Summary of your key legal rights

    This is a summary of your key legal rights in the UK. 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.

    The Consumer Rights Act 2015 says:

    • you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
    • if you have not agreed a price beforehand, what you are asked to pay must be reasonable.
    • if you have not agreed a time beforehand, it must be carried out within a reasonable time.

     

  7. if you are a business customer

    This clause 7 only applies if you are a business.

    1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use thehub.

    2. These Terms and our Privacy Policyconstitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

    3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy

  8. use of thehub

    1. We may update thehub from time to time, and may change the content at any time. However, we are under no obligation to update it. We make no representations, warranties or guarantees, whether express or implied, that the content on thehub is accurate, complete or up-to-date.

    2. We do not guarantee that thehub, or any content on it, will be secure or free from bugs, viruses, errors or omissions. thehub platform is hosted on the Microsoft Azure cloud which includes a high level of security but is not guaranteed to be completely secure.

    3. We do not guarantee that thehub, or any content on it, will always be available or be uninterrupted. Access to thehub is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of thehub without notice. We will not be liable to you if for any reason thehub is unavailable at any time or for any period. The Hub is not a storage facility for your Images and you must ensure that you have your own storage and back up.

    4. You are responsible for configuring your information technology, computer programmes and platform in order to access thehub. You should use your own virus protection software.

    5. You must not misuse thehub by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to thehub, the server on which thehub is stored or any server, computer or database connected to thehub. You must not attack thehub via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use thehub will cease immediately.

    6. You must treat your user name, password and any other registration and Account information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us and change your details in your Account.

    7. We have the right to disable any Account, user name or password at any time. We will notify you if we do so.

    8. We are the owner or the licensee of all intellectual property rights in thehub, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    9. Our status (and that of any identified contributors) as the authors of content on thehub must always be acknowledged.

    10. We will not be liable for any loss or damage caused by:

      1. use of, or inability to use, thehub; or

      2. a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of thehub or to your downloading of any content on it, or on any website linked to it; or

      3. any breach of Microsoft's security or any breach of security other than as a direct result of our negligence.

  9. charges for additional data storage

    1. You may apply for a Basic Account free of charge including image data storage of up to 10GB.

    2. You may apply for Additional Data Storage through thehub at any time subject to payment of our charges as set out in our Charges Page available to view from within a free Basic Account: and in accordance with this clause 9. The charges for Additional Data Storage include VAT at the applicable current rate chargeable in the UK for the time being.

    3. You authorise us to bill your credit or debit card on a continuous basis for any Additional Data Storage in accordance with this clause 9.

    4. If you apply for Additional Data Storage, charges are due for the first month on application and monthly in advance thereafter. Charges are non-refundable (other than in accordance with clause 3.3) even if you do not use the Additional Data Storage and/or if you cancel or downgrade your Account during a month.

    5. If we have not received payment within 14 days after the due date for any Additional Data Storage, and without prejudice to any other rights and remedies we may have, we may, without liability to you, revert your Account to a Basic Account and remove any of your Images which, in our discretion, exceed the data storage limit of a Basic Account. We may at any time set off any sums you owe us against any sums we owe you.

    6. You may apply to downgrade your Account to a lower storage amount at any time and the downgrade will take effect from the end of the billing period.

    7. You may apply to upgrade your Account to a higher storage amount at any time, subject to payment of the relevant charges, and the upgrade will take effect immediately. If you upgrade your Account during a billing period, the first additional charge will be a pro-rata amount at the higher rate for the remainder of the current billing period.

    8. If, at any time whilst using thehub, you exceed the amount of image data storage space you have applied and (if applicable) paid for, we may, without liability to you, remove any of your Images which, in our discretion, exceed the data storage limit.

    9. We shall be entitled to increase our charges for Additional Data Storage at any time and which will be updated on our Charges Page available to view from within a free Basic Account.If you have applied for Additional Data Storage, we will notify you of any increase in the charges you are due to pay and you may cancel your Account and/or cancel your Additional Data Storage at any time.

  10. uploading and sharing images to thehub

    1. Whenever you upload Images to thehub, you must follow the instructions for uploading images, sharing, pricing and selling your Products as set out on thehub.

    2. You must comply with the acceptable use standards set out in clause 11. If your Product is a limited edition, you can use the limited edition facility as detailed on thehub. You set the number of limited editions available. If you sell any of your limited editions outside of thehub, then you must promptly input the sale details into thehub in order to obtain a limited edition certificate. This will then be taken into account with regard to the number of limited editions sold and remaining available. Once the number of limited editions sold has been reached, the Product will no longer be able to be sold through thehub. You must use the limited edition facility fairly and in good faith. You confirm to us that you will not sell in excess of the set number of limited editions. If you share your limited edition Image to a Sharee,  you are responsible for ensuring that the Sharee complies with the provisions of this clause as applicable. If you are a Sharee of a limited edition Shared Image, then you must ensure that all sales of the Shared Image through you are counted towards the number of limited editions available.

    3. You confirm that anything you upload does comply with this clause 10 and those standards set out in clause 11, and you will be liable to us and reimburse us for any breach of those standards. This means you will be responsible for any loss or damage we suffer as a result of your breach of those standards.

    4. Our uploading process allows you to check and amend any errors before submitting your Images for publication. Please take the time to read and check your submissions thoroughly.

    5. You agree and understand that any content you upload and choose to publish will be publicly available through thehub accessible throughout the world.

    6. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of thehub.

    7. You agree and understand that you are responsible for uploading digital image files suitable for producing prints of the desired resolution and colour accuracy in accordance with our general Terms and Conditions for accuracy of size and colour matching. Colour profiles and detailed guides on file preparation are available for free from our Print Tips page

    8. We are not obliged to review any Image or other content you put on thehub, or any Shared Image a Sharer puts on thehub, but we may do so at any time and if we are notified or otherwise become aware and consider, in our discretion, that your Image or other content, or any Shared Image, does not comply with these Terms, we may remove any such Image or other content or Shared Image.

    9. You may withdraw your Images from sale through thehub and/or cancel your Account at any time but you agree that we may continue to act as our agent to fulfil any Orders already placed by Customers and you will have to pay for any Services provided and/or for fulfilling those Orders already placed.

    10. You may connect your website and share your Images on thehub, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    11. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    12. You may not create a link to any part of thehub other than your personally connected website.

    13. We reserve the right to withdraw linking permission at any time on notice to you.

    14. Where thehub contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and do not endorse them.

    15. We assume no responsibility for the content of websites which contain links to thehub. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  11. acceptable use standards

    1. These acceptable use standards apply to any and all Images or other content (Content) which you contribute to thehub.

    2. Content must:

      1. be accurate (where they state facts);

      2. be genuinely held (where they state opinions); and

      3. comply with all applicable laws.

    3. Content must not:

      1. contain any material which is defamatory of any person;

      2. promote violence;

      3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      4. infringe any copyright, database right or trade mark of any other person;

      5. be likely to deceive any person;

      6. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

      7. promote any illegal activity;

      8. be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

      9. be likely to harass, upset, embarrass, alarm or annoy any other person;

      10. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

      11. give the impression that they emanate from us; nor

      12. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

    4. We are not obliged to review any Content but we may do so at any time and if we are notified or otherwise become aware and consider, in our discretion, that there has been a breach of this clause 11 through your use of thehub, we may take such action as we deem appropriate.

    5. Failure to comply with this clause 11 is a material breach of these Terms, and may result in our taking all or any of the following actions:

      1. immediate, temporary or permanent withdrawal of your right to use thehub;

      2. immediate, temporary or permanent removal of any Content or material uploaded by you to thehub;

      3. issue of a warning to you;

      4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

      5. further legal action against you; and/or

      6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    6. We are not liable to you for actions taken in response to breaches of this clause 11. The responses described in clause 11.5 are not limited, and we may take any other action we reasonably deem appropriate

  12. intellectual property rights

    1. You confirm to us, your Customers and any Sharees that:

      1. you are the sole legal and beneficial owner of, and own all the rights and interests in, all Images that you upload to thehub;

      2. you have not licensed or assigned any intellectual property rights in the Images to any other party;

      3. the Images are your original work and have not been copied wholly or partially from any other source;

      4. you have full authority to licence us to print (and reprint) the Images and to appoint us as your agent to make sales to Customers as agent on your behalf in accordance with these Terms;

      5. if you share your Images, you have full authority to licence the Sharee to download, print and/or sell your Images in accordance with these Terms and the permissions that you give;

      6. the Images do not incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any matter contrary to clause 11, and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute; and

      7. you are not aware, having made full and reasonable enquiry, of any claim by any third party that the Images or any pre-existing material incorporated in the Images, or the exploitation of the Images by you, us or any Customer, has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim.

    2. You understand and agree that we have the right to disclose your identity to any third party who is claiming that any Images posted or uploaded by you to thehub constitutes a violation of their intellectual property rights, or of their right to privacy.

    3. You grant us a licence to: produce prints (and any reprints as required) of your Images as ordered by Customers through thehub, fulfil sales of such prints (Products) as agent for you to Customers in accordance with these Terms, and use your Images as part of our general advertising and promotion of thehub in accordance with clause 14.5.

    4. You shall immediately notify us of:

      1. any actual, threatened or suspected infringement of any intellectual property of which you become aware; and

      2. any claim by any third party of which you become aware that the Images, or any Shared Images, infringe any rights of any other person.

    5. You agree that we may immediately remove any such Images or Shared Images from thehub and cancel any Customer Orders for such Images or Shared Images which have not already been dispatched. If any Customer Orders for your Images have already been dispatched, you agree that we may request return of the Products (if possible) and/or may deal with the Customers in accordance with clause 15.15.7 as your agent.

    6. You will fully reimburse us and compensate us for all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any intellectual property rights claims in relation to your Images.

  13. sharing images

1. If you share your Images as a Sharer:

1. you acknowledge and agree that the Sharee will have access to your Image and will be able to display your Image in their thehub account;

2. you set the permissions that the Sharee has with regard to your Image and whether the Sharee can view, print, download and/or sell your Image;

3. your arrangement is with the Sharee, not us. We act as your agent to facilitate the sharing of your Image but we are not responsible for the Sharee nor for their use or misuse of your Image;

4. if your Image is sold by a Sharee on your behalf through thehub, you agree to pay the Sharee 30% of the Profit and authorise us to deduct this 30% from your Account and pay it to the Sharee's account in accordance with clause 17.3 or as we may otherwise agree;

5. you may withdraw permissions from any Sharee in relation to any Image at any time and any permissions to use such Image will then immediately cease. If a Customer has placed an order for an Image through a Sharee at any time before it is withdrawn for any reason, then, unless we notify you otherwise, we will continue to fulfil that order in accordance with these Terms;

6. we are not responsible for any use or misuse of an Image that a Sharee may make, and any sales that it may make, outside of thehub. You should make your own arrangements with the Sharee but we are not liable for any arrangements that you make, or do not make, nor for any breach of those arrangements or any breach of these Terms by the Sharee.

2. If you receive Shared Images as a Sharee:

1. your arrangement is with the Sharer, not us. We act as agent for the Sharer to facilitate the sharing of the Shared Image but we are not responsible for the Sharer nor for the Shared Image;

2. if you do not wish to receive Shared Images, you can unsubscribe from this service at any time;

3. we have not carried out any checks or verification on Sharers using thehub nor have we investigated or verified the copyright or legality in their Shared Images. We are not responsible for this and are not liable to you for this;

4. you accept that you only have permission to use the Shared Image in accordance with the permissions given to you by the Sharer and you will only use the Shared Image strictly in accordance with such permissions and these Terms;

5. if you sell a Shared Image on behalf of a Sharer through thehub, you agree that the Sharer will pay you 30% of its Profit (your Commission) from that sale. Your Commission will be credited to your Account in accordance with clause 17;

6. if any sale of a Shared Image is refunded for any reason, we will deduct the corresponding Commission from your Account in accordance with clause 15.15 and clause 17.5;

7. you acknowledge and agree that the Sharer, or we on behalf of the Sharer, may decline any order of a Shared Image for any reason at any time. You will only be entitled to Commission on completed sales and such Commission may be deducted for any refunds;

8. we or a Sharer may withdraw any Shared Image, or your permissions in relation to any Shared Image, at any time and any permissions to use such Shared Image will then immediately cease. If a customer has placed an order for a Shared Image at any time before it is withdrawn for any reason, then we may (at our discretion) continue to fulfil that order in accordance with these Terms. Or we may decide not to fulfil that order and in which case we will notify you.

3. Sharers and Sharees may make additional arrangements between themselves. We are not responsible for Sharers or Sharees and your sharing arrangement is direct.

4. Any sales of Shared Images by the Sharee through thehub are sales on behalf of the Sharer and the contract remains between the Sharer and the Customer.

 

14. our services

  1. Full details of our services can be found on thehub
    1. We provide thehub for you to connect your websites and upload your Images to offer for sale to Customers and to share with Sharees. You may upload your Images, order prints, connect your website to thehub, share your Images with Sharees, receive Shared Images from Sharers, sell your Images to Customers through thehub in accordance with these Terms and the Customer Terms and Conditions of Sale and sell Sharers' Shared Images on the Sharer's behalf through thehub in accordance with these Terms.
    2. If you share your Images with a Sharee, you acknowledge that, if you give the Sharee selling rights through thehub, the Sharee may advertise your Images for sale but any sales through thehub are made by you as Seller and the contract is between you and the Customer.
    3. If you receive Shared Images from a Sharer, you acknowledge that, if you are given selling rights through thehub, you may advertise the Shared Images for sale but any sales through thehub are made by the Sharer as Seller and the contract is between the Sharer and the Customer.
    4. You shall be responsible for all advertising and promotion of the Products. We may advertise and promote thehub generally but shall have no obligation to do so. You agree that we may use your Images and embed or link to your website (where you have connected your website to thehub) in any general advertising and promotion of thehub as we see fit in our sole discretion.
    5. Images you sell to Customers will be produced from the original digital files you upload to thehub. You shall be responsible for the quality and content of your files. We strongly advise that image files are colour-profiled according to our print profiles available to download free from theprintspace website.
    6. You appoint us as your agent to sell the Products through thehub, to fulfil Customer orders for your Images and be a first line of customer service for your Customers. If you are a Sharee, you acknowledge and agree that we act as agent for the Sharer and we provide our Services to the Sharer in relation to the sale of Products.
    7. You fully authorise us to deal with your Customers as your agent in accordance with these Terms, the Customer Terms and Conditions of Sale and our Privacy Policy, and otherwise in our discretion as we deem reasonable in the circumstances from time to time without prior reference to you.
    8. You authorise us as your agent to negotiate, conclude and enter into contracts with Customers for the sale of the Products in your name and on your behalf without prior reference to you and on the Customer Terms and Conditions of Sale from time to time.
    9. We shall give you at least 7 days' notice of any changes in the Customer Terms and Conditions of Sale which you are bound by in your sales of Products to Customers. You must ensure that you are familiar with the Customer Terms and Conditions of Sale as these are your contract with the Customer to which you are legally bound.
    10. You will supply us with such information as we may from time to time reasonably require for the purposes of acting as your agent selling the Products and providing customer service and other Services, and to enable us to properly and efficiently discharge our duties under these Terms.
    11. The images of the Products on thehub are for illustrative purposes only. Although we make every effort to display the colours of your Images, and any Shared Images, accurately, we cannot guarantee that any computer's display of the colours accurately reflect the finished colour of the Products. The printed Products may vary slightly from those Images.
    12. Prints are hand produced and so the final print size may vary marginally from the sizes stated on thehub.
    13. When a Customer places an Order for one of your Images through thehub, we will, subject to clause 15.4 and clause 15.5 and successful payment by the Customer, print that Image as ordered by the Customer and deliver the finished Product direct to the Customer on your behalf as your agent. We do not sell direct to the Customer. We sell the print to you as part of our Services and you sell the finished Product to the Customer.
    14. If we refer any customer services issues to you, you shall promptly and efficiently deal with any such complaint, dispute or after-sales enquiries.
15. customer orders
  1. After a Customer places an order for your Image (Order), you (the Seller) (and any Sharee through whom the Order has been placed) will receive an e-mail from us acknowledging that we have received the Order. However, please note that this does not mean that the Order has been accepted. Our acceptance of the Order on your behalf as agent will take place as described in clause 15.2 and subject to clause 15.4 and clause 15.6.

  2. We will confirm our acceptance of the Order on your behalf as agent by sending you (and any Sharee through whom the Order has been placed) and the Customer an e-mail that confirms that the Products have been dispatched to the Customer (Dispatch Confirmation). The contract between you and the Customer will be formed when we send you the Dispatch Confirmation and will be subject to the Customer Terms and Conditions of Sale applicable at the time.

  3. For the avoidance of any doubt, if an order is placed through a Sharee, the Sharer is and remains the Seller, the contract is between the Sharer and the Customer and we act as agent for the Sharer. The Sharee is merely an introducer of the Customer to the Sharer.

  4. We reserve the right to and you authorise us to decline any Order on your behalf as agent for any reason in our discretion. If you are a Sharee, you acknowledge that we may decline any order for a Shared Image on behalf of the Sharer for any reason in our discretion.

  5. You acknowledge and agree that we may place a cap on the price that you may set for any individual Image for sale and/or we may place a cap on the total value of sales that you may sell through thehub during any period. Any such caps will be notified to you on thehub.

  6. If we are unable to, or decline to, fulfil a Customer’s Order for your Product for any reason (for example, but without limitation, because that Product is not in stock or no longer available or because we become aware of an error in the price, any breach of these Terms or any suspicious circumstances), we will inform the Customer and we will not process the Order. If the Customer has already paid for the Products, we will refund the full amount as soon as possible.

  7. If you do not wish us to fulfil any Order for your Image, you must contact us as soon as possible and before the Order is dispatched to the Customer. If we agree that we can cancel the Customer’s Order, you will still have to pay for any Services we have already provided (such as printing) and any other costs we have incurred.

  8. The Order should be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an event outside our control (see clause 20). If we are unable to meet the estimated delivery date because of an event outside our control, we will contact the Customer with a revised estimated delivery date.

  9. Delivery will be completed when we deliver the Products to the address the Customer gave us or when we leave notification that we have delivered the Products to a nearby place.

  10. The Products will be the Customer’s responsibility from the completion of delivery. If a Product is lost or damaged before completion of delivery to the Customer, we shall request return of the Product (if possible) and you authorise us to: reprint the Image to produce a new Product and redeliver to the Customer at no additional cost to the Customer; or cancel the Order and refund the Customer in full. Your Account (and any Sharee's account) will be debited in accordance with clause 15.15.3.

  11. We deliver to the countries listed under the International Delivery Destinations menu on this page (International Delivery Destinations) from time to time.

  12. We produce the print for an Image as part of our Services to you. The ownership of the print for each Product will pass from us to you immediately prior to the Customer’s ownership of the Product. The Customer will own the Products from the completion of delivery (provided that we have received payment in full and cleared funds).

  13. You authorise us to invoice the Customer for the sale of the Product plus VAT in accordance with clause 16.8 as an agent acting as principal solely for the purposes of VAT.

  14. A Customer may cancel an Order, return a Product and/or require a refund and/or compensation in accordance with the Customer Terms and Conditions of Sale and/or their legal rights. You agree to comply with such terms and authorise us to credit Customers, process returns, refunds and compensation and otherwise liaise, deal with and make arrangements with Customers as your agent in accordance with those Terms, our reasonable discretion and without further reference to you. We will notify you of any such issues and your Account (and any Sharee's account) will be debited accordingly.

  15. You authorise us to deal with Customer returns and refunds as your agent as follows and without further reference to you:

     

    1. If you cancel a Customer’s Order in accordance with clause 15.7, we shall request return of the Product (if delivered) and refund the Customer in full. In such circumstances, your Account (and any Sharee's account) would be debited for the full amount plus any bank charges we incur in the refund. You will still be charged for any Services incurred.
    2. If a Customer cancels an Order within their rights to do so but without cause, we shall request return of the Product (if delivered) and refund the Customer in full. In such circumstances, your Account (and any Sharee's account) would be debited for the full amount plus any bank charges we incur in the refund. You will still be charged for any Services incurred. 
    3. If a Product is lost or damaged before completion of delivery to the Customer, we shall request return of the Product (if possible) and: repair the defect and redeliver to the Customer at no additional cost to the Customer; or reprint the Image to produce a new Product and redeliver to the Customer at no additional cost to the Customer; or cancel the Order and refund the Customer in full. In such circumstances: if the Order is redelivered you (and any Sharee) would not receive any payment for any reprint of your Image and we would not charge you any additional costs for the reprinting and redelivery, you (and any Sharee) would receive payment for your Image and be charged for our Services in relation to the original Order; or if the Order is cancelled, your Account (and any Sharee's account) would be debited for the full amount of the refund but credited for the costs and expenses of our Services already charged to you in relation to that Order.
    4. If a Customer claims that a Product has a defect or other issue which is our responsibility before we have settled your Account in relation to that Order in accordance with clause 17.8, we shall request return of the Product (if possible) and if we accept responsibility: repair the defect and redeliver to the Customer at no additional cost to the Customer; or reprint the Image to produce a new Product and redeliver to the Customer at no additional cost to the Customer; or cancel the Order and refund the Customer in full. In such circumstances: if the Order is redelivered you (and any Sharee) would not receive any payment for any reprint of your Image and we would not charge you any additional costs for the reprinting and redelivery, you (and any Sharee) would receive payment for your Image and be charged for our Services in relation to the original Order; or if the Order is cancelled, your Account (and any Sharee's account) would be debited for the full amount of the refund but credited for the costs and expenses of our Services already charged to you in relation to that Order.
    5. If a Customer claims that a Product has a defect or other issue which is your responsibility before we have settled your Account in relation to that Order in accordance with clause 17.8, we shall request return of the Product (if possible) and if we accept responsibility on your behalf as your agent: repair the defect and redeliver to the Customer at no additional cost to the Customer; or reprint the Image to produce a new Product and redeliver to the Customer at no additional cost to the Customer; or cancel the Order and refund the Customer in full. In such circumstances: if the Order is redelivered you (and any Sharee) would not receive any payment for any reprint of your Image and we would charge you our normal charges for the Services incurred for the original Order and the reorder, you (and any Sharee) would receive payment for your Image in relation to the original Order; or if the Order is cancelled, your Account (and any Sharee's account) would be debited for the full amount plus any bank charges we incur in the refund. You will still be charged for any Services incurred.
    6. If a Customer claims that a Product has a defect or other issue (which is either our or your responsibility) after we have settled your Account in relation to that Order in accordance with clause 17.8, we may either: deal with such claim in accordance with clause 15.15.4 or clause 15.15.5 as appropriate and debit or credit your Account (and any Sharee's account) accordingly; or refer the Customer to deal with you directly in accordance with clause 15.16 and if we accept responsibility we will credit your Account for the costs and expenses of our Services already charged to you in relation to that Order; or otherwise agree with you how to deal with such claim.
    7. If a Customer otherwise claims that a Product has a defect or other issue, or returns a Product or requires a refund or compensation, we may: deal with such Customer as we see fit in our discretion as part of our customer service and may debit or credit your Account (and any Sharee's account) accordingly; or refer the Customer to deal with you directly in accordance with clause 15.16; or otherwise agree with you how to deal with such Customer. We will notify you of any such issues and the action taken.

     

  16. You authorise us generally as your agent to deal with any customer service matters for your Customers without prior reference to you as we see fit in our discretion. We may also or alternatively direct a Customer to deal directly with you in relation to any returns, refunds, compensation, claims or other customer service matters or issues and we will notify you of any such referral.
  17. If an Order is cancelled for any reason after the Image has been printed, and if the Product is returned to us, we will notify you when we have the returned Product. You may notify us if you wish us to deliver the Product (in the condition it is received) to you subject to payment of our delivery charges (and charges for the print if not already paid or if refunded in accordance with clause 15.15). If you do not notify us within 14 days of our notification to you, that you wish to have the Product delivered to you, we may destroy the Product. If delivered to you, the Products will be your responsibility from the completion of delivery and you will own the Products from the completion of delivery (provided that we have received payment in full and cleared funds). If destroyed, you will still be charged for our Services, unless otherwise stated in clause 15.15.
16. pricing of images and our services

1.You set prices for your Images in your personal print pricing account on thehub from time to time as a percentage mark up over our printing charges and as detailed on thehub. You acknowledge and agree that we may place a cap on the price that you may set for any individual Image for sale. You may change your prices from time to time, but the price the Customer pays is the price showing at the time they complete their order process and as detailed in the order acknowledgement (unless we let you know that there has been an error as detailed in clause 16.9 below). If you receive a Shared Image from a Sharer, you acknowledge that the Sharer sets the price and terms of the Shared Image on thehub.

2. We set the prices for printing and delivery on thehub from time to time.

3. The Customer pays the total price for the Image, including printing, (the Product) plus delivery and VAT in accordance with clause 16.8.

4. You pay our fulfilment fees of 10% of the sale price of your Products for all Orders placed by Customers through thehub plus our charges for the print, frame and delivery.

5. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of a Product a Customer orders, please see clause 16.9.

6. Prices for the Products may change from time to time, but changes will not affect any Order which we have confirmed with a Dispatch Confirmation.

7. The price of your Image will be shown and the Product Ordered by the Customer including VAT at the applicable current rate chargeable in the UK for the time being in accordance with clause 16.8. This will be deducted prior to a sale if not applicable.

8. Solely with regard to VAT, you authorise us to act as an agent acting as a principal with regard to the sales of your Products to Customers. In this capacity, we will issue VAT invoices to Customers for the sales of your Products and will account for this VAT under our own VAT number regardless of whether you are VAT registered and regardless of which jurisdiction you are established in. The invoices will be issued in our name but will refer to us acting as your agent. This does not change or otherwise affect the direct contractual relationship between you and the Customer.

9. The Hub contains a large number of Products and we do not and cannot guarantee that thehub, or any content on it, will be secure or free from bugs, viruses, errors or omissions. It is always possible that, despite our reasonable efforts, some of the Products on thehub may be incorrectly priced or that certain types of hacking attacks could tamper with the prices you have set for your Images. You are responsible for ensuring that your Images are priced correctly and for checking your Dispatch Confirmation. We will normally check prices as part of our dispatch procedures so that:

1. if we are aware that the Product's correct price is less than the price stated on thehub when the Customer completes the order process, you authorise us to charge the Customer the lower amount when dispatching the Products; and

2. if we are aware that the Product's correct price is higher than the price stated on thehub when the Customer completes the order process, you authorise us to contact the Customer as soon as possible to inform them of this error and to give them the option of continuing to purchase the Product at the correct price or cancelling the order. We will not process the order until we have the Customer’s instructions. If we are unable to contact the Customer using the contact details provided during the order process, or if we do not receive the Customer's instructions within 14 days of attempting to contact them, you authorise us to treat the order as cancelled and notify the Customer in writing.

10. Notwithstanding the above and our reasonable efforts, it is possible that a Product may be sold at an incorrect price and you accept this risk.

11. We receive payment from the Customer as agent on your behalf as Seller and, after deduction of any VAT payable in accordance with clause 16.8, credit this to your Account (and any Sharee's account) in accordance with clause 17.6. We deduct our charges from your Account in accordance with clause 17.

 

17. pricing of images and our services

1. You can access your Account to update your personal information and manage your Images, Shared Images and connected sites.

2. Your Account will show details of all Orders placed by Customers for your Images and the current status of those Orders. Your Account will also show some details of orders placed by customers through you with Sharers for Shared Images and the current status of those orders

3. We will credit your Account with the price paid by the Customer for the Image, print and delivery, less any VAT payable in accordance with clause 16.8, (the Credit). We will debit your Account for our fulfilment fees equivalent to 10% of the sale price of your Images for all Orders placed by Customers through thehub, plus the price of the print and delivery, (the Debit). The balance of this Credit less the Debit is the Profit. If your Image is sold through a Sharee, we will then deduct 30% of the Profit from your Account and credit the equivalent sum to the Sharee's account on your behalf.

4. Our fees shall become due to us as soon as we dispatch the Product to the Customer.

5. We will notify you of any refunds and/or compensation provided to Customers and which will show in your Account (and any Sharee's account) as a deduction against sums due to you. Normally, any sums due from you to us will be deducted from proceeds of sale due to you and we may at any time set off any sums you owe us against any sums we owe you. However, if there is a balance of sums due from you to us, you authorise us to charge such sums to your credit or debit card or to otherwise claim payment from you.

6. Credits in relation to an Order, and any orders placed through you as a Sharee, will initially show in your Account but will not be confirmed. If there are no refunds due against that Order by the end of the following month, the credit will then be confirmed and be due to you in accordance with and subject to clause 17.7. If any refunds or other debits are due in relation that Order before the end of the following month, these will be set off against the credit and the balance (positive or negative) will be confirmed. If any refunds or other debits become due in relation to an Order later than the end of the following month, they may be set off against any balance in the Account or otherwise charged to you.

7. Following the end of each month, we shall create an electronic statement in your Account showing:

1. The credits due to you for all Products purchased by Customers in the previous month;

2. The charges due to you for all associated printing, delivery and any other Services;

3. The associated fulfilment fees due to us;

4. The credits due to you for all sales made through you as a Sharee in the previous month;

5. Any debits from your Account for any sales of your Images made through Sharees;

6. Any refunds, returns or other credits made to Customers or Sharer's customers;

7. Any other sums due to or from you (including, by way of example only, any charges for Additional Data Storage); and

8. The net sum due to you or us for that month.

8.Following creation of the electronic statement, we shall generate an invoice for you (as your agent in accordance with clause 17.9), settle your Account for the net sum referred to in clause 17.7.8 and:

1. credit your bank account (according to the details provided to us) with such net sum due to you (plus VAT if applicable in accordance with clause 17.9); or

2. charge your debit or credit card (according to the details provided to us) with any net sum due to us.

9. The invoice we will generate for you as referred to in clause 17.8 will be in our standard form based on English law and we do not give any assurance that this will comply with your own requirements or the requirements of your local laws and regulations. It is your responsibility to comply with all such laws and regulations and you may resubmit a corrected invoice to us if you do not consider that the invoice we generate is compliant for your requirements. If you are required to be, or are in any event, VAT registered, it is your responsibility to ensure that your Account is kept up to date with all relevant VAT registration details (including your VAT number) and we shall generate your invoice referred to in clause 17.8 using such information. If you do not provide us with such information, the invoice referred to in clause 17.8 and our settlement of that invoice will not include VAT. It is your responsibility to comply with all VAT requirements and payments in relation to your business.

10. If we are unable to recover any sums due to us in accordance with clause 17.8.2, we shall notify you and you shall settle such sums due within 7 days of our notice to you.

11. On cancellation of your Account for any reason:

1. we may withdraw your Images and connected sites from thehub;

2. you agree that we may continue to act as your agent to fulfil or cancel, at our discretion, any Customer orders which have already been placed in accordance with these Terms and you authorise us to do so;

3. our charges shall continue to apply, and we shall settle your Account, for any Customer orders which are fulfilled and/or any returns or refunds made; and

4. you agree that we may continue to act as your agent, at our discretion, to offer customer service in accordance with these Terms to any Customers who have ordered your Images through thehub or we may direct such Customers to you.

12. Any transaction charges or similar charges levied by online payment or merchant service providers on sums received by you (including, by way of example only, any PayPal charges) shall be paid by you.

 

18. our liability if you are a business



This clause 18 only applies if you are a business customer.

1. Nothing in these Terms limits or excludes our liability for:

1. death or personal injury caused by our negligence;

2. fraud or fraudulent misrepresentation;

3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

4. defective products under the Consumer Protection Act 1987.

2. Subject to clause 18.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

1. any loss of profits, sales, business, or revenue;

2. loss or corruption of data, information or software;

3. loss of business opportunity;

4. loss of anticipated savings;

5. loss of goodwill; or

6. any indirect or consequential loss.

3. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services and thehub. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services and thehub are suitable for your purposes.

 

19. our liability if you are a consumer



This clause 19 only applies if you are a consumer.

1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Contract is made, both we and you knew it might happen.

2. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3. We do not in any way exclude or limit our liability where it would be unlawful to do so. This includes for:

1. death or personal injury caused by our negligence;

2. fraud or fraudulent misrepresentation;

3. any breach of your legal rights in relation to the Services as summarised at clause 6.2; and

4. defective products under the Consumer Protection Act 1987.

 

20. events outside our control

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.

2. If an event outside our control takes place that affects the performance of our obligations under these Terms then:

1. we will contact you as soon as reasonably possible to notify you; and

2. we will take steps to minimise the effect of the event. Provided that we do this, we will not be liable for failures or delays caused by the event. Where the event outside our control affects our delivery of Products to a Customer, you authorise us to arrange a new delivery date with the Customer after the event is over. If there is a risk of substantial delay, the Customer may contact us to end their contract with you and receive a full refund for any Products they have paid for but not received. Your Account (and any Sharee's account) will be debited in accordance with clause 15.15.4.

 

21. events outside our control

1. When we refer, in these Terms, to "in writing", this will include e-mail.

2. If you wish to contact us in writing for any reason, you can send this to us by using the contact details on the Contact Us You can also contact us using our Customer Services telephone line.

3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Account information.

4. If you are a business:

1. Any notice or other communication given by you to us, or by us to you, under or in connection with these Terms shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

2. A notice or other communication shall be deemed to have been received: if delivered personally, when left for us at our registered office or for you at your address registered with us; if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second working day after posting; if sent by e-mail, one working day after transmission; or, if posted by us on our website, immediately.

3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

4. The provisions of this clause 21 shall not apply to the service of any proceedings or other documents in any legal action. 

 

22. other important terms

1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms before such transfer. We will notify you in writing or by posting on our website if this happens.

2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

5. 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 these things and it will not prevent us taking steps against you at a later date.

6. A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application, re-enactment or replacement legislation and includes any subordinate legislation for the time being in force made under it.

7. If you are a consumer, please note that these Terms are governed by English law. This means any dispute or claim arising out of or in connection with your use of thehub will be governed by English law. You can bring claims in the English and Welsh courts. However, if you are a resident of Northern Ireland you may also bring claims in Northern Ireland, and if you are a resident of Scotland, you may also bring claims in Scotland.

8. If you are a business, these Terms and any dispute or claim arising out of or in connection with it 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.

9. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

10. In addition, consumer disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.

 

 

 

 

 

 

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