Terms & Conditions

When you use our website to place an order with us, these Terms and Conditions constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before using this website. Your use of the informationworks.co.uk website is contingent upon your acceptance of our Privacy and Cookie Policy and the following Terms and Conditions. Use of the informationworks.co.uk website will be considered acceptance of these Terms and Conditions. Please note that informationworks.co.uk has the right to modify these Terms and Conditions and you should review them periodically. Additionally, you should review our Website Privacy and Cookie Policy.

1.    Definitions

• "Seller" Means Information Works London Limited and or any other person, firm or company that provide Products, services, data lists or other such products and or services provided to the Buyer in the Order Confirmation.
• "Buyer" means the person whose name is set out in the Order Confirmation or such other contract or agreement that may exist between the Supplier and the Licensee;
• "Contract" means any contract between the Supplier and the Licensee for the Licence or the sale and purchase of the Products and/or Services
• “Data List” means that entire name and address information, plus such further information that is made available to the Buyer by the Seller howsoever supplied;
• "Faulty" means containing a fault or defect; imperfect or defective.
• "Goods" means the promotional material, mailings, or other such product or services which the Supplier shall distribute and / or deliver which the Seller is to sell in accordance with these Terms and Conditions. 
• "Order" means the Buyer's order for Goods or services.
• "Order Confirmation" means the order for mailings, Data Lists, print, postage and such other products and services where the Buyer orders Products and Services from the Seller howsoever ordered;
• "Person" means any person, firm or company.
• “Personal data” has the meaning set out in Recital 26 and Article 4(1) of the General Data Protection Regulations 2018.
• "Price" means the price for the Products and/or Services stated as such in the Order Confirmation;
• “Seed Address”    means a name and or address inserted within the Data List, which is unique to the individual Buyer.
• "Special Conditions" any conditions in relation to orders set out and designated as such in the Order Confirmation.
• "Terms and Conditions of Business" means the standard terms and conditions of business set out in this document.

2.    Basis of Sale.

• a.    These Terms and Conditions and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
• b.    Any variation of these Terms and Conditions and the Special Conditions will only bind the Seller if agreed in writing between authorised representatives of the Seller and the Buyer.
• c.    The Seller's employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way

3.    Orders and Specifications

• a.    All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order.
• b.    The Buyer shall have no right to sell the Data List or any part thereof to a third party and may not sub-licence or assign the benefit or burden in whole or in part.
• c.    The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. 
• d.    The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer's monitor or other printing systems. Goods supplied may differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.

4.    Products and Deliverables

• a.    Data Lists supplied by the Seller to the Buyer shall be supplied on the express understanding that its usage shall be restricted as indicated on the order confirmation.
• b.    The Buyer acknowledges that their selections from the Data List are at their sole discretion and that any descriptions and or information contained within the Data List is for guidance purposes only and should not be relied upon by the Buyer. Further the Seller does not warranty their accuracy or suitability for the Buyers purpose.   
• c.    The Seller does not warrant any minimum returns from the use of the Data List by the Buyer nor does it guarantee its accuracy. 
• d.    It is an express requirement of the said supply of the Data List that all mailings or similar carries the Sellers specific personalised barcode, return address, and Editme website address.

5.    Price and Payment

• a.    All prices shown on the informationworks.co.uk website are exclusive of VAT. 
• b.    Payment must be made by credit card or debit card at the time of placing an Order unless an approved credit account has been agreed with the Seller. Payment in full will be taken at this time and the Contract will be in force. Should payment not be received in full or be 'charged back' to the Seller for any reason, the title and ownership of any Order supplied will immediately return to the Seller and must be returned immediately to the Seller by the Buyer at the Buyers cost.
• c.    Where the Buyer has an approved credit account they must at all times remain within the approved maximum credit limit and ensure payments are made within a maximum of 28 days from the invoice date. The Seller reserves the right to charge interest on all overdue amounts at the rate of 4% above HSBC bank base rate until payment is received.
• d.    The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller's credit card, debit card or PayPal details before accepting the Buyer's Order.
• e.    A self-generated on-line VAT invoice is presented on screen at the time of ordering, for Buyer download, no other invoices will be issued.

6.    Delivery 

• a.    The place for delivery of the Goods will be as shown on the Order Confirmation where applicable. 
• b.    Where goods are to be mailed using the Sellers Data list. The Seller will mail those addresses selected by the Buyer at the time of Order Confirmation.
• c.    The Seller will endeavour to process the Order and manufacture the Goods within their published time period. Date or Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any missed deadlines, loss or expenses sustained by the Buyer arising from any delay in the despatch or delivery of the Goods howsoever caused. 
• d.    The Buyer agrees that delivery of a mailing piece or similar to the Seed Address constitutes  prima facie evidence that the Data List was used to create and or instigate such mailing or similar. 
• e.    The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
• f.    If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
• g.    Where the Seller is to arrange for the distribution and or postage of the Products to third parties, delivery shall be deemed to have taken place when the goods leave the Sellers place of business.

7.    Risk and Property

• a.    Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
• b.    Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.

8.    Returns, refunds and rights of cancellation

• a.    The Buyer shall have the right to cancel any Order for Goods only if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
• b.    Notice of the wish to cancel must be made by email to: info@informationworks.co.uk
• c.    in the case of Faulty Goods the Buyer should inform the Seller at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 3 days after receipt).
• d.    In the case of Damaged Goods the Buyer should inform the Seller at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 1 day after receipt). If the Goods are delivered by a courier the Seller should note when signing for the Goods that they are damaged.
• e.    If the Buyer reports faulty or damaged Goods in accordance with these terms & conditions the Seller will require the Buyer to return the Goods or, at the Sellers discretion, may require the Buyer to send photographic evidence of the issue and will, following receipt and at its sole discretion the Seller may reprint all or part of the order free of charge.
• f.    For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer's specifications.
• g.    All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.

9.    Limitation of liability

• a.    The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 8c. Or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Account number, Order number, job number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 9a.
• b.    The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any third party supplier failures, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
• c.    The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature.
• d.    This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the informationworks.co.uk website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer's information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.

10.    Intellectual Property

• a.    This website is owned by the Seller. Unless otherwise noted in this website, the Seller owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of the Seller's copyright. 
• b.    Nothing contained on the website should be construed as granting, by implication, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of the Seller or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
• c.    The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.

11.    Data Protection

• a.    Where the Seller hosts and or has access to the Buyers personal data, the Seller is acting as a data processor and not a data controller to provide a specified service to the Buyer.  
• b.    The Buyer agrees to indemnify and keep indemnified and defend at its own expense The Seller against all costs, claims, damages or expenses incurred by the Seller or for which the Seller may become liable due to a failure by the Buyer to comply with any of the obligations and compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments in relation to the Clients personal data.

12.    General and miscellaneous

• a.    Governing law and jurisdiction
  • i.    Shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
• b.    Should any dispute arise pursuant to any Contract entered into under these terms and conditions, the Buyer hereby agrees that he will not withhold any payments due, nor to refuse to make prompt payments pending resolution of such dispute or disputes notwithstanding any set off or counterclaim the Buyer may have under the Contract or any other right, set off or claim the Buyer may have against the Seller howsoever arising.  
• c.    Statutory Rights
  • i.    The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
• d.    Website Availability
  • i.    Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the informationworks.co.uk website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
• e.    Typographical Errors
  • i.    Information on informationworks.co.uk website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the informationworks.co.uk website is accurate, complete, reliable, current, or error-free.
• f.    Licence
  • i.    The Seller grants to the Buyer a personal, non-exclusive, and non-transferable right to access and use the content on the informationworks.co.uk website. All use must be in accordance with all informationworks.co.uk stated policies, including those in the Privacy and Cookie Policy.
• g.    Off-Site Links
  • i.    A link to a non-informationworks.co.uk website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
• h.    User Registration, eligibility and account activity
  • i.    In registering for an informationworks.co.uk user name, the Buyer acknowledges that if acting upon behalf of a company they are authorised to so.  
  • ii.    The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the informationworks.co.uk website is accurate. 
• i.    User Suspension and/or Termination
  • i.    The Seller, in its sole discretion, may terminate the Buyer's user registration for violating Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
• j.    Seller's right of removal of materials
  • i.    The Seller reserves the right at any time with or without the Buyer's prior consent and without liability to the Buyer in that regard to delete from the informationworks.co.uk website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller's sole discretion, it considers being obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
• k.    Buyer indemnification of the Seller
  • i.    The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities which may arise from the Buyer's submissions to the informationworks.co.uk website, and/or from the Buyer's unauthorised use of material obtained through the informationworks.co.uk website, and/or from the Buyer's breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer's use of the informationworks.co.uk website.
• l.    Seller's right of change and amendment
  • i.    The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides its services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller's services on a regular basis should check the relevant links regularly before placing Orders.
• m.    The Seller may assign, charge, sub-contract or otherwise dispose of any of its rights or obligations on any Contract between the Seller and the Buyer as it sees fit.
• n.    The Buyer is aware and acknowledges that the Seller retains the right to add such Seed Addresses as deemed appropriate by the Seller to the Data List. 
• o.    Prospect Names and addresses in the Data List remain the property of the Seller. No further contact of any kind may be made by the Buyer unless the Data Subject has given explicit consent to further contact from the Buyer.
• p.    The parties to any Contract entered into under these terms and conditions do not intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.  
• q.    The complete or partial invalidity or unenforceability of any of these conditions shall be deemed severable and the remaining provisions of these conditions and such provisions shall continue in full force and effect.  
• r.    Save as provided in Section 12 of the Sale of Goods Act 1979 all conditions and warranties expressed or implied are hereby expressly excluded and the Seller shall be under no liability not shall the Buyer be entitled to remedy by reason of the Sales of Goods Act 1979, or the Supply of Goods and Services Act 1982 or the Misrepresentation Act 1967 except to the extent (if any) that a court may allow.
• s.    Save as provided in section 12 of the Sale of Goods Act 1979 the Seller shall be under no liability for any loss or damage of whatsoever nature suffered by the Buyer, It’s employees or agents in contract or otherwise whether direct, indirect or consequential however the same may be caused and the liability of the Seller for any damage caused to property as a result of any act of neglect or default of Seller shall not in any event exceed £100.