Terms & Conditions

General

Introduction

At dotScot Domains, we pride ourselves on our commitment to providing our customers with the best possible experience. These Terms and Conditions governing use of our services are to ensure that we can maintain this standard of service by providing you with clear guidance. By using our services, you consent to the terms of this policy.

About Us

dotScot Domains, trading as Printing.scot, are a not-for-profit company limited by guarantee and registered in Scotland with Company Registration Number SC480161 and having its registered address at 3/2, 106 Hope Street, Glasgow G2 6PH, Scotland (the “Company”). We provide printing services under license from Grafenia Plc or one of it its subsidiaries (together “Grafenia”).

Proofs

Proofs of all work may be submitted for customer’s approval and Printing.scot shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Printing.scot’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis. The forgoing provisions relating to proofs applies to all types of proof provided to enable the customer to approve the content prior to printing taking place or digital media going live, proofs may take the form of hard copy, digital files or websites and applications viewed on-line.

Copyright

Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Printing.scot shall vest in and belong to Printing.scot. Printing.scot may use any artwork or printing produced by itself for the purposes of promoting itself and/or Grafenia. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text, fonts and/or any other reproducible materials (“Materials”) prior to instructing Printing.scot to reproduce the same. The customer shall indemnify and hold Grafenia and Printing.scot and their agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by Grafenia or Printing.scot infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.

Company imprint

Unless otherwise specifically requested in writing any work may carry the Printing.scot imprint which will be positioned at Printing.scot’s discretion.

Delivery and payment

Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the “Guaranteed Period”)), delivery (as more particularly described in paragraph 5(a) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should Printing.scot fail to deliver within the Guaranteed Period (see also paragraph 7 Variations in quantity), a service “credit” will be awarded up to the value of the order in question (redeemable against future orders within 6 months of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (the “Premium Charges”). Where the late delivery is as the result of the action or inaction of a third party, such as a carrier, Printing.scot, at their absolute discretion, may elect to extend the Turnaround by one Working Day and the customer shall not be awarded a Credit during this time. These services rely on the customer not delaying the progress of the order in any way in the event of a customer delay the customer shall not be awarded a Credit and Printing.scot shall not be bound to deliver within the Guaranteed Period. In addition: 

  1. Delivery of printed work and other tangible items by Printing.scot shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to collect the work) or (where Printing.scot is obliged to deliver the work) actual delivery of the work to the customer by Printing.scot. Where the customer is obliged to collect the work, customer’s failure to collect the work on the day on which Printing.scot is contractually obliged to have it ready for collection shall be classed as a customer delay. Where Printing.scot is obliged to deliver the work to the customer but the customer provides Printing.scot with incomplete or incorrect delivery information or is not available to accept delivery, then provided that Printing.scot has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a customer delay. Delivery of digital work is considered to occur once placed on a server for the customer’s approval and once approved Printing.scot shall endeavour to make the digital work live within one working day (unless requested otherwise by the customer). 
  2. Unless otherwise specified the price quoted is for collection of the work from Printing.scot, a charge may be made to cover any extra costs involved for delivery to a different address.
  3. Should work be suspended at the request of, or delayed through any default of the customer, for a period of 30 days or more Printing.scot shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
  4. Risk of loss of or damage to work completed by Printing.scot shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by Printing.scot until Printing.scot has received payment in full in respect of the work.
  5. In the unlikely event that Printing.scot deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of Printing.scot’s confirmation to the customer of its agreement to re-print the work.

Variations in quantity

Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and acceptable up to 4% and that Printing.scot shall have no liability in respect of such variations. For shortages greater than 4% and less than 25% Printing.scot’s entire liability will be to award a Credit of x – 4% pro rata to the value of the order where x = the shortage e.g. a shortage of 15% will receive credit of 11% of the value of the order. The Customer’s sole remedy in respect of shortages above 25% (“Additional Shortages”) will be a re-print of the entire shortage quantity of the relevant work, to be undertaken by Printing.scot within a reasonable period of time. The Customer shall not be entitled to a Credit in respect of an Additional Shortage.

Claims

Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Printing.scot within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Printing.scot within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to Printing.scot within 28 days of delivery. Printing.scot shall not be liable in respect of any claim unless the aforementioned requirements have been complied with. Digital work will consist of those elements detailed on the project proposal and Printing.scot shall be under no obligation whatsoever to provide anything more (including any extra functionality) howsoever in respect of the digital work (including any network access) other than that detailed in the project proposal. Any claim that the elements detailed in the project proposal have not been provided must be made in writing to Printing.scot within 28 days of delivery. Printing.scot shall not be liable in respect of any claim if the claim in question is notified outside the aforementioned timescale.

Liability

Printing.scot gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Printing.scot shall not be liable for any loss arising from delay in transit not caused by Printing.scot. Further, Printing.scot shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data including any stored on or accessible through any digital work. The total aggregate liability of Printing.scot in respect of any and all causes of action arising out of or in connection with the customer’s order and Printing.scot’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 8) be limited to the sums paid to Printing.scot by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.

Customer’s property

The customer’s property and all property supplied to Printing.scot by or on behalf of the customer shall while it is in the possession of Printing.scot be deemed to be at customer’s risk. Whilst Printing.scot takes all reasonable care of such property in the event of its loss by Printing.scot it shall be deemed to have a value of £5 or less.

Credit terms and payment

For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), Printing.scot reserves the right to: 

  1. charge interest on the overdue debt at the statutory rate from time to time in force and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment; and 
  2. suspend work for the customer and remove / take down digital work completed to that point until payment has been received.

Insolvency

If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, Printing.scot without prejudice to other remedies shall:

  1. have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to Printing.scot; and 
  2. in respect of all unpaid debts due from the customer have a general lien on all goods and property in Printing.scot’s ‘s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as Printing.scot thinks fit and to apply the proceeds towards such debts.

Illegal matter

  1. Printing.scot shall not be required to print any matter, nor enable any matter to be accessible on a Printing.scot application, which in its opinion is or may be of an illegal, libellous, immoral, blasphemous, morally offensive, politically extreme, obscene, or fraudulent nature or an infringement of the intellectual property or other rights of any third party (“Offending Matter”). 
  2. The customer shall indemnify and hold Grafenia and Printing.scot harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses, and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be Offending Matter.

Full colour printing

All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, Printing.scot shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Printing.scot or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.

Data Protection

By placing an order with Printing.scot, the customer consents to its details being passed on to Grafenia for accounting and marketing purposes. The details will be kept by Grafenia even after the customer’s trading relationship with Printing.scot has terminated. Grafenia and Printing.scot may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that Grafenia or Printing.scot consider may be of interest to customers.

Force majeure

Printing.scot shall be under no liability (and shall not be obliged to refund all or part of any fees paid by the customer) if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Printing.scot elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Variation to Terms and Conditions

These terms and conditions may be amended from time to time by Printing.scot (but not for the avoidance of doubt by any customers). The latest version of these terms and conditions may be accessed via the Website.

17. Digital Work Including Websites, Website Services And Mobile Applications

  1. Agreed projects will be set out in written project proposals that include (i) a payment schedule for the work and (ii) a specification, milestones and approximate delivery dates. Digital work is not provided on a Guaranteed Turnaround basis and Printing.scot may adjust delivery dates for milestones and will keep the customer appraised of progress and any delays due to technical obstacles and / or resourcing limitations, any extension to delivery dates will not entitle the customer to a refund of payments already made. 
  2. Any amendments to the specification set out in project proposals could result in additional costs to the customer, Printing.scot will raise and discuss any additional costs and agree such terms with the customer before carrying out work on modifications to the specification. 
  3. Printing.scot will notify the customer when a milestone has been completed and / or raise an invoice as set out in the project proposal payment of which shall be acceptance and sign-off on work completed at that point.
  4. Printing.scot will endeavour to ensure that web pages work in current and recent versions of pre-eminent web browsers (such as Firefox, Chrome, Explorer, and Safari) at the time of undertaking the project. The customer acknowledges that technology is fast moving and Printing.scot cannot give absolute assurance as to how web pages will look and work on any given browser or device released from time to time.
  5. The customer acknowledges and agrees that any code, software, content, graphics, visuals and the look and feel of any website, mobile application or similar services (”the Printing.scot application”) shall, as between the customer and Printing.scot, belong to either Printing.scot or Grafenia. Further, the customer shall have no right or licence whatsoever in or to the Printing.scot application.
  6. The Printing.scot application may utilise a range of technologies including open source software and items supplied under license by third parties (“Third Party Content”). The customer acknowledges and agrees that Printing.scot’s ability to make the Printing.scot application available may be dependent on Printing.scot having the benefit of licences in respect of such Third Party Content, which licences may be ended at any time and accordingly, if Printing.scot loses the benefit of such licences it will not be under any obligation to continue to make the Printing.scot application available. The customer further acknowledges and agrees that provisions of such licences may be deemed incorporated into these terms and conditions.
  7. The customer acknowledges and agrees that whilst Printing.scot will use its reasonable endeavours to ensure that the Printing.scot application is, otherwise than for maintenance (whether routine, planned or emergency) accessible at all times, it gives no warranty whatsoever that the Printing.scot application will be accessible either in whole or in part or otherwise “on line” for any period of time or that access will be uninterrupted or secure.
  8. The customer agrees that in respect of the Printing.scot application it will not:
    1. do any illegal act including without limitation, drug dealing, violation of national export restrictions, harassment, fraud, trafficking in obscene material, distributing viruses, trojan horses or any other similar harmful or deleterious programming routines;
    2. do any act which either Grafenia or Printing.scot in question has reasonably requested the customer not to do;
    3. do or attempt to do any act which violates any system or network security which, without limitation, shall include unauthorised access and/or probing or scanning of the system security and/or hacking;
    4. involve itself in spamming, mail bombing, system flooding or anything similar;
    5. provide any false or misleading information to Printing.scot or over the Printing.scot application;
    6. use the Printing.scot application for chat pages, contests or any other high volume activities without the express written permission of Printing.scot in question; 
  9. The customer acknowledges and agrees that if Printing.scot in question and/or Grafenia reasonably considers that the Printing.scot application is being used for any purpose that Grafenia and/or Printing.scot in question reasonably considers to be in breach of any of the above provisions or otherwise, in the common sense of the word, improper, then it may without prior notice take down the Printing.scot application in question without incurring any liability whatsoever to the customer.
  10. The customer acknowledges and agrees that it is not envisaged that any Printing.scot application will exceed such bandwidth as Grafenia or Printing.scot acting reasonably considers appropriate (having regard to the fact that it is envisaged that only low volumes of traffic will be driven through the Printing.scot application), to the extent that such bandwidth is materially exceeded and/or is regularly exceeded Grafenia or Printing.scot may apply caps or throttling to bandwidth supplied or, without prior notice suspend or otherwise take down the Printing.scot application in question, without incurring any liability whatsoever to the customer. 
  11. The customer acknowledges and agrees that Printing.scot in question will have no liability for any element of the Printing.scot application that was not created by it or on its behalf or which was supplied by the customer and further, the customer acknowledges and agrees that Printing.scot shall only be liable in respect of any inaccuracy of any element of the Printing.scot application that has been created by it or on its behalf if having been notified of such inaccuracy, which notification must be within twenty-eight (28) days of delivery, Printing.scot in question has, after having been supplied with everything it reasonably requests from the customer, failed to rectify the inaccuracy within seven days of being so notified and then the extent of Printing.scot’s liability in respect of such liability shall be governed by these terms and conditions. 
  12. As regards the provision of the Printing.scot application and any related services by Printing.scot, any words and phrases which have a customarily accepted meaning within the IT industry shall have that meaning unless stated otherwise.

Severability

If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

Invalidity of other terms

Unless expressly agreed to in writing, no other terms (including those contained on any purchase order supplied by a customer) nor any representation will form part of any contract between Printing.scot in question and the customer and these terms and conditions will, in absence of any written agreement between Printing.scot and the customer stating otherwise, represent the entirety of the terms of such contract.

Notice

Any notice to be required to be served under any contract between Printing.scot in question and the customer shall be in writing and delivered personally or sent by first class prepaid post to, in the case of Printing.scot in question, the address of the outlet operated by Printing.scot in question and, in the case of the customer, to the address of the customer detailed in the order form. Any such notice shall be deemed properly served, in the case of personal delivery on delivery and in the case of posting two working days after the date of posting.

Governing Law

These terms and conditions shall be governed and construed in accordance with Scottish law and the parties shall submit to the non-exclusive jurisdiction of the Scottish courts.

Use of our website

Introduction

At Printing.scot, we pride ourselves on our commitment to providing users of our website with the best possible experience. These Terms and Conditions of use are to ensure that we can maintain this standard of service by providing you with clear guidance on what constitutes unacceptable use of our website. By using our website and agreeing to this policy, you consent to the terms of this policy.

About Us

This website is owned and operated by dotScot Domains trading as Printing.scot, a not-for-profit company limited by guarantee and registered in Scotland with Company Registration Number SC480161 and having its registered address at 3/2, 106 Hope Street, Glasgow G2 6PH, Scotland (the “Company”).

Headings

Headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.

Acceptance Of This Agreement

Your access to and use of the website is exclusively governed by these Terms and Conditions (“Agreement”). You will not use the website for any purpose which is either unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting these terms and conditions. If you do not accept these Terms and Conditions you must immediately stop using the website.

The Company may at its sole discretion restrict or terminate your use of the website without notice in the event of breach of this Agreement.

Advice And Recommendation

The contents of the website do not constitute advice or recommendations and should not be relied upon in making or refraining from making any decision.

Changes To Website, Software, And Services

The Company reserves the right to, and shall not be liable to you for any:

  1. change or removal (temporarily or permanently) of the website or any part of it without notice;
  2. change, removal, or discontinuance of any software, service, promotion, or pricing as advertised on this website at any time without notice;
  3. change, removal or discontinuance of any promotional discount vouchers or coupon codes at any time with notice;
  4. change to this Agreement at any time and your continued use of the website following any changes shall be deemed to be your acceptance of such change.

Intellectual Property

The Intellectual Property Rights in this website and the materials on or accessible via it belong to the Company or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way save to the extent strictly necessary for and for the purposes of accessing and using this website.

You may not use, reproduce, display, or sell any part of or content from this website without the Company’s prior written consent. You may not link to any page or frame any portion of this website in such a way as to remove, cover, alter, or obscure the Company’s trademarks or as would otherwise confuse viewers as to the origin or ownership of the content. Both UK and international copyright and other intellectual property laws and treaties protect all of the Company’s website content.

“dotScot” is a registered trade mark of DotScot Registry and is used under licence.

For these purposes “Intellectual Property Rights” or “IPR” means any and all intellectual property or industrial rights of any description anywhere in the world including without limitation to the foregoing generality any patents, trade marks, domain names, registered designs, copyright (including without limitation to the foregoing generality rights in computer software, object and source code), rights in the nature of copyright, database rights, semi-conductor topography rights, unregistered design rights, rights in and to trade names, business names, domain names, product names and logos, trade secrets, and any analogous or similar right in any jurisdiction (whether any such rights referred to in this definition are registered, unregistered, registrable or not) and any applications or rights to apply for registration of any of them together with any registered rights resulting from any such applications or rights to apply for registration.

Indemnity

To the fullest possible extent under applicable law, you agree to indemnify and hold the Company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Company arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.

Limitation Of Liability

The website is provided on an “AS AVAILABLE” and “AS IS” basis without any representation or endorsement made and without warranty of any kind whether express or implied including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the fullest extent permitted by law, the Company will not be liable for any indirect or consequential loss or damage whatever, including without limitation loss of business, opportunity, data or profits arising out of or in connection with the use of the website.

The Company makes no warranty that the functionality of the website will be uninterrupted or error free, that defects or omissions will be corrected or that the website or the server(s) that make it available are free from viruses, malware or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Company for death or personal injury as a result of the negligence of the Company or that of its employees or agents.

User Generated Content

You are solely responsible for any content you place on the website and the Company accepts no liability for loss of any user generated content whatsoever.

You agree not to place and the Company will not be liable for removal of, any user generated content on the website which the Company considers at its sole discretion to be offensive, defamatory, likely to cause offence or infringes the Intellectual Property Rights of a third party in any way, including but not limited to photographs, videos, animations, text, logos or graphics.

Links To Third Party Websites

The website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that the Company is not responsible for the content or availability of any such sites.

Waiver

The failure at any time to enforce any provision of this Agreement shall in no way affect the Company’s rights to require complete performance by you nor shall the waiver of any breach of any provision be taken or held to be a waiver of any subsequent breach of any such provision or be a waiver of the provision itself.

Applicable Law And Disputes

These terms and conditions shall be governed and construed in accordance with Scottish law and the parties shall submit to the non-exclusive jurisdiction of the Scottish courts.

Contact Us

If you have any questions about this agreement, please contact us by: