For the purposes of these Conditions, the following words have the following meanings:

“Confirmation” means the written confirmation issued by Impress Designs Limited in accordance with clause 2.1 and to which these terms and conditions are appended. “Fees” means the fees which the Customer has agreed to pay for the Design as set out in the Confirmation;

“Materials” means all logos, branding and other promotional materials relating to the Customer relevant to the Design;

We recommend that you print a copy of these Conditions for future reference.

 

1 Information about us

1.1 These terms and conditions are issued by Impress Designs Limited , whose trading address is at 1st Floor, 2 Woodberry Grove, Finchley, London, N12 ODR. Vat number is 266 1826 87.

1.2 For the avoidance of doubt, for record keeping purposes, Impress Designs Limited does not accept communications and notifications made pursuant to these terms and conditions by telephone (except in respect of orders placed pursuant to clause 2.1).

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2 How the contract is formed between you and us

2.1 The Advertiser places an order for an Advert with Impress Designs Limited over the telephone. On the same working day as receiving such order Impress Designs Limited shall issue to the Advertiser the Confirmation by post.

2.2 The Advertiser shall be entitled to cancel any order for 7 days from the date of issue of the Confirmation.

 

3 Preparation of the Advert
3.1 Following the issue of the Confirmation, Impress Designs Limited will start preparing the Advert in accordance with the Specification.
3.2 Within 21 days of issuing the Confirmation, Impress Designs Limited will submit a proof of the proposed Advert (the Proof) to the Advertiser. The Advertiser will notify Impress Designs Limited of any amendments which it requires to be made to the Proof within seven (7) days of the date of submission of the Proof. In the event that the Advertiser fails to notify Impress Designs Limited of any proposed amendments in accordance with this clause 3.2 the Proof shall be deemed to be approved. Such notifications must be provided by either email or by post to the addresses stated in clause 1.
3.3 Unless the Advertiser specifically states to the contrary in writing, all amendments to the Proof required by the Advertiser shaII be set out in the notification given by the Advertiser pursuant to clause 3.2. Once such amendments have been incorporated into the Proof, the Advert wiII be deemed to have been approved and ready for inclusion in the Publication. Adverts will not re-submitted to Advertisers for further approval.

4 Time of publication
4.1 Save as otherwise provided by these terms and conditions, the Advert shall be published in the Publication for the period set out in the Confirmation on the Publication Date and the Publication shaII be distributed within the Publication Region.
4.2 In the event that Impress Designs Limited is unable to publish the Publication in accordance with clause 4.1, then if the pro Impress Designs Limiteds of clause 9 (Events Outside our Control) do not apply, Impress Designs Limited wiII notify the Advertiser in writing as soon
as reasonably practical:
(a) where Impress Designs Limited is unable to publish the Publication on the Publication Date, stating the reason for this and the alternative date upon which it intends to publish the Advert; and/or,
(b) where Impress Designs Limited is unable to distribute the Publication within the Publication Region, stating the reason for this and stating the alternative distribution region or regions in which it proposes to publish the Advert.
In each case, the Advertiser shaII be entitled to terminate its order by giving notice to Impress Designs Limited in writing to the postal address given in clause 1 above within the period of 7 days from the date such notification is issued by Impress Designs Limited.
4.3 In the event that Impress Designs Limited does not receive notification from the Advertiser of an election to terminate its order in accordance with clause 4.2 the order wiII continue in force save that the Publication and Publication Date set out in the Confirmation will be deemed to have been varied.
4.4 Impress Designs Limited will publish the Publication within the Publication Region subject to the terms of this clause 4. You acknowledge that you have been told and understand that, whilst Impress Designs Limited wiIl circulate the Publication extensively within the Publication Region, it makes no guarantee that the document wiII be distributed within every town, city or other settlement within the Publication Region.

5 Materials and intellectual property
5.1 Unless the Advertiser instructs Impress Designs Limited to the contrary, Impress Designs Limited shaII be entitled to incorporate Materials into the Advert.
5.2 The Advertiser may provide to Impress Designs Limited any Materials which it requires to be included in the Advert or, alternatively, which it is happy for Impress Designs Limited to incorporate into the Advert at Impress Designs Limiteds discretion.
5.3 If the Advertiser does not provide to Impress Designs Limited any Materials in accordance with clause 5.2, the Advertiser agrees that Impress Designs Limited may utilise Materials which it sources from any website operated by or on behalf of the Advertiser, or from any letters, emails or other communications sent to Impress Designs Limited by the Advertiser, provided that Impress Designs Limited is reasonably satisfied that the intellectual property rights in such Materials are owned by the Advertiser.
5.4 It is the responsibility of the Advertiser to verify the Materials included in the Advert when it receives the Proof and the pro Impress Designs Limiteds of this clause 5 shall be construed accordingly. In the event that the Advertiser is deemed to have approved the Proof in accordance with clause 3.2 above, or alternatively if the Advertiser requests amendments to the Proof but makes no comment in respect of the Materials, the Advertiser shaII be deemed to have verified the Materials.
5.5 The Advertiser hereby:
(a) grants to Impress Designs Limited an irrevocable and royalty-free licence to use the Materials for the purposes of producing the Adverts;
(b) warrants that it owns the intellectual property and other proprietary rights in the Materials and that it is absolutely entitled to allow Impress Designs Limited to utilise them in the Advert. Notwithstanding this, Impress Designs Limited is entitled to require confirmation from the Advertiser at any time and for any reason that the Advertiser owns the copyright or any other intellectual property in any Materials.
(c) INDEMNIFIES Impress Designs Limited, AND SHALL KEEP Impress Designs Limited INDEMNIFIED, AGAINST ALL AND ANY CLAIMS, ACTIONS, DAMAGES, LOSSES AND EXPENSES THAT Impress Designs Limited SUFFERS OR INCURS ARISING AS A RESULT OF ANY ACTION OR CLAIM BROUGHT AGAINST Impress Designs Limited, IN RESPECT OF MATERIALS INFRINGING THE INTELLECTUAL PROPERTY OF A THIRD PARTY AND/OR BREACHING THE PROPRIETARY RIGHTS OF A THIRD PARTY; and
(d) acknowledges that Impress Designs Limited reserves the right to refuse to copy and/or reproduce any aspect of any Materials at its absolute discretion. In particular, no adult content will be accepted for inclusion in the Products and any Materials which are threatening, defamatory, abusive, obscene or otherwise or which are otherwise deemed by us to be inappropriate for inclusion in the Advert, will be rejected.

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6 The Fees
6.1 The Advertiser shall pay Impress Designs Limited the Fees in accordance with this clause 6.
6.2 Unless the Advertiser has elected to pay Impress Designs Limited in advance for the Advert in return for receiving a discount on the Fees (the Discount Rate) as set out in the Confirmation, Impress Designs Limited shall issue an invoice to the Advertiser for the Fees
when the Advert is published.
6.3 Payment shall be due within 14 days of the date stated on the invoice issued under clause 6.2.
6.4 In the event that the Advertiser wishes to pay the Fees by credit card, a 2% surcharge shall be applied.
6.5 In the event that payment is not received by Impress Designs Limited in accordance with clause 6.3:
(a) A standard late-payment charge of £35 shall be applied to the overdue amount; and,
(b) Impress Designs Limited will be entitled to instruct collection agents to collect the outstanding amount and will be entitled to pass details of the Advertiser to such collection agents.

7 Termination and Liability
7.1 Impress Designs Limited shall be entitled to terminate any order if it decides in its reasonable discretion that it is inappropriate for the Advert to be included in any publication disseminated by Impress Designs Limited because:
(a) at any time after issuing the Confirmation it becomes aware of any business activities carried on by the Advertiser or any associated entity which Impress Designs Limited does not consider to be suitable for association with a publication targeted at the general public; or
(b) any content required by the Advertiser to be included in the Advert, which upon Impress Designs Limited raising concerns in respect thereof the Advertiser does not agree shall be removed, Impress Designs Limited does not consider to be suitable for inclusion in a publication targeted at the general public.

7.2 Subject to the pro Impress Designs Limiteds of clause 8 (Our liability), in the event that Impress Designs Limited exercises its right to terminate the Agreement under clause 7.1, Impress Designs Limited shall not be liable for loss or damage suffered by the Advertiser, provided that if monies have been paid to Impress Designs Limited by the Advertiser in advance in order to receive the Discount Rate, Impress Designs Limited shall refund such monies to the Advertiser.

8 Our liability
8.1 SUBJECT TO CLAUSE 8.2 BELOW, IMPRESS DESIGNS LIMITEDS LIABILITY FOR LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES THAT THE ADVERTISER SUFFERS OR INCURS WHETHER IN CONTRACT OR IN TORT IS STRICTLY LIMITED TO THE PURCHASE PRICE THE ADVERTISER PAID TO IMPRESS DESIGNS LIMITED OR IS LIABLE TO PAY TO IMPRESS DESIGNS LIMITED.

8.2 Impress Designs Limited does not limit in any way our liability to the Advertiser in respect of:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability in the jurisdiction in which the Advertiser is situated.
8.3 Without prejudice to the foregoing, Impress Designs Limited is not liable to the Advertiser for of the following losses which the Advertiser may suffer or incur due to our breach of these Conditions or negligence or otherwise in connection with the advertising services provided by Impress Designs Limited to the Advertiser pursuant to these terms and conditions, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) any consequential, special or indirect losses.

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9 Events outside our control
Impress Designs Limited shall have no responsibility if the Advert is not published on the agreed date as a result of strike, lock out, fire, storm, flood, riot, explosion, power failure, break down or failure of systems or machinery or any other event beyond Impress Designs Limiteds reasonable control.

10 Data Protection
10.1 Impress Designs Limited will use data collected pursuant to this agreement for the sale and purchase of advertising space for the purpose of processing orders and creating adverts, administration, assessment and analysis, improving our customer services, and customer profiling. Impress Designs Limited may disclose information to our service provider and partners for these purposes.

10.2 The Advertiser may request a copy of its data from Impress Designs Limited (for which Impress Designs Limited may charge a small fee) and correct any inaccuracies in its information.
10.3 In particular, but without prejudice to clause 10.1, the Advertiser acknowledges that Impress Designs Limited will record certain telephone conversations for training, credit control and management purposes. In particular, it is the policy of Impress Designs Limited torecord calls by which orders are placed in accordance with clause 2.1.

11 Severability
If any of these Conditions or any pro Impress Designs Limiteds of a Confirmation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or pro Impress Designs Limited will to that extent be severed from the remaining terms, conditions and pro Impress Designs Limiteds which will continue to be valid to the fullest extent permitted by law.

12 Law and jurisdiction
Any dispute or claim arising out of or in connection with these terms and conditions will be governed by English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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Use of information we collect through automated systems when you visit our website

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Cookies

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

 

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

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Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

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Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

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When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

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We use cookies in the following ways:

• to track how you use our website

• to record whether you have seen specific messages we display on our website

• to keep you signed in our site

• to record your answers to surveys and questionnaires on our site while you complete them

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Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

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We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

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We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

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If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.