By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
1. General Limitations
1.1. Asset Print reserves the right to modify or discontinue, temporarily or permanently, any or all of the Service without notifying you. Further, Asset Print may without notice terminate your account (or any part) or your use of the Service, and remove and discard any Content (defined in Section 2, below) at any time for any reason or no reason. Possible triggers for such a termination of Services include, without limitation, your failing to regularly use the Service, your violation of these Terms of Service, or changes in the strategic business plans of Asset Print. Asset Print shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
1.2. Except as otherwise expressly set forth herein, the following is the only warranty that Asset Print gives for the Service (and products ordered through the Service):
1.3. LIMITED WARRANTY
YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ASSET PRINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Further, to the extent Asset Print grants express limited warranties below, any implied warranties shall run only as long as the term of such limited warranty. This warranty gives you specific legal rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
ASSET PRINT DOES NOT PROMISE THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS;
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
1.4. EXCEPT FOR THE WARRANTIES CONTAINED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT ASSET PRINTMAY PROVIDE TO YOU SHALL CREATE ANY WARRANTY, AND THESE TERMS CONTROL OVER ANY OTHER SUCH COMMUNICATIONS.
1.5. ASSET PRINT (AND ITS OFFICERS, EMPLOYEES, AGENTS, VENDORS, AFFILIATES OR SUBCONTRACTORS) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Asset Print HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- YOUR USE OR INABILITY TO USE THE SERVICE;
- YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
- DELAYS IN RECEIPT OF AN ORDER; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
Asset Print’s entire liability to you for any matter shall be limited to the amount actually received by Asset Print on account of your purchases from Asset Print.
2. Information about Asset Print
Asset Print operate the Website. Asset Print is a company registered in South Africa under company number XXXX/XXXXX/XX with its registered office at 74 Loop street, Cape Town, South Africa. Asset Print’s main trading address is P.O.BOX XXXX, XXXXXXXX, Cape Town, XXXX, South Africa.
To contact Asset Print, please refer to the Contact page .
3. How the Contract is formed between Asset Print and Customer
3.2. Asset Print’s order process allows Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process.
3.3. After Customer places an order, Customer will receive an order confirmation from Asset Print with a summary of the order. However, this does not mean that the order has been accepted. Asset Print’s acceptance of the order will take place as described in condition 3.5.
3.4. The Contract between Customer and Asset Print shall only be concluded after the Print-Ready or Approved (by the Customer) Artwork (defined in condition 5.1 below) has been transmitted by Customer and Asset Print has sent a separate order confirmation via e-mail (Acceptance of Order). Asset Print will send the Confirmation via e-mail within five days after receiving the Artwork.
3.5. The application of the UN Sales Convention on the International Sale of Goods (CISG) shall not apply to the Contract.
4. Status of Customer
4.1. For the purposes of these Terms, Customer shall be deemed to be purchasing as a business if it enters into the Contract, or holds itself out as entering into the Contract, in the course of a business and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.
4.2. If Customer is purchasing as a consumer:
4.2.1. Customer may only purchase Products from the Website if Customer is at least 18 years old; and
4.2.2. Customer has legal rights in relation to any Products that are faulty or not as described. Customer can obtain advice about their legal rights from the Western Cape Office of the Consumer Protector. Nothing in these Terms will affect these legal rights
4.3. If Customer is purchasing as a business:
4.3.1. Customer confirms it has the authority to bind any business on whose behalf it uses the Website to purchase Products; and
4.3.2. Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between Asset Print and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Asset Print which is not set out in these Terms or any document expressly referred to in them.
5. Content of the Order and Proof Requirements
5.1. Asset Print completes all orders solely on the basis of print data and information (Artwork) submitted by Customer. Customer must ensure it has read and understood its responsibilities contained in these Terms
5.2. Customer must check the Artwork carefully against the Format Requirements before submitting to Asset Print. Except as otherwise set out in this condition 5, Asset Print will not review any Artwork for compliance with the Format Requirements or otherwise for any typographical errors.
5.3. When Asset Print has received the Artwork from Customer, Asset Print will perform a ‘Standard Artwork Check’ on every order submitted by Customer.
5.5.Where Asset Print has produced a proof for Customer pursuant to performing a Artwork Check or Proof on the Artwork, Customer acknowledges and accepts that such proof is merely illustrative of the final Product to be produced by Asset Print and Asset Print shall have no liability to Customer for slight variations in the final Product from the proof supplied.
5.6. If, when Asset Print performs the Standard Artwork Check, Asset Print discovers that the Artwork supplied by Customer is defective or does not comply with the Format Requirements, Asset Print will notify Customer and request Customer either provides corrected Artwork or permits Asset Print to edit the Artwork to the extent necessary to comply with the Format Requirements before Asset Print completes the order.
5.7. In the event that Customer notifies Asset Print that it wishes to proceed with the order without correcting any defects in the Artwork, or amending such Artwork so it complies with the Format Requirements, Customer does so at its own risk.
5.8. If additional costs arise due to the inaccuracy of the Artwork, these will be borne by the Customer.
5.9. Where Customer has not submitted Artwork in CMYK mode in accordance with the Format Requirements, Asset Print shall be entitled to convert the Artwork to ensure it complies with the Format Requirements. In these circumstances, the liability for any resulting colour deviations lies solely with the Customer. By transmitting the Artwork in any other mode than the specified CMYK mode, the Customer acknowledges and agrees that the conversion is carried out at Customer’s own risk.
5.10. For the avoidance of doubt, Asset Print will not accept any responsibility or liability for any colour variations, irregularities or other defects whatsoever of the Products ordered by Customer which are caused as a result of Artwork not complying with the Format Requirements, including (but not limited to) graphics and images, colours and colour mode, cut, fonts and lines.
5.11. Asset Print reserves the right to refuse any orders and/or terminate any Contracts where the transmitted Artwork contains defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory.
5.12. After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by Asset Print in making such changes.
6.1. Applicable laws require that some of the information or communications Asset Print send to Customer should be in permanent form and for this purpose, Asset Print shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
6.2. When registering to use the Website, Customer shall provide an e-mail address for communications between Asset Print and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allows the receipt by Customer of e-mails sent by Asset Print.
6.3. In the case of Customers purchasing as a business:
6.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by Asset Print and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
6.3.2. any notice or communication sent by Asset Print to Customer, or by Customer to Asset Print will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.
7. Price of the Products and Delivery Charges
7.1. The price of the Products will be as quoted on the Website.
7.2. Asset Print takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if Asset Print discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.
7.3. Prices for the Products may change from time to time, but changes will not affect any order which Asset Print has confirmed with an Order Confirmation.
7.4. The price of the Products includes packaging and delivery charges but excludes shipping insurance.
7.5. The Website contains a large number of Products. It is always possible that, despite Asset Print’s best efforts, some of the Products on the Website may be incorrectly priced. If Asset Print discover an error in the price of the Products Customer has ordered, Asset Print will inform Customer of this error and Asset Print will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. Asset Print will not process Customer’s order until it has received Customer’s instructions. If Asset Print is unable to contact Customer using the contact details Customer provided during the order process, Asset Print will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mispricing, Asset Print do not have to provide the Products to Customer at the incorrect (lower) price.
7.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under condition 6). Additional charges are also payable if Customer requests repeated samples due to a slight deviation from the template.
7.7. If Customer obtains a quotation for Products from Asset Print either by e-mail or through the Website, this does not constitute an offer by Asset Print and shall only be valid for a period of 7 days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Artwork to be received from Customer is received within one week of Customer placing the order.
7.8. Interest of prime plus 5% will be charged on all COD work not paid for within 7 days.
7.9. All work remains the property of Asset Print until paid for in full, this also means that invoices that contain multiple items must be paid in full before any item is the property of the client.
8. Printing Error Resolution
8.1 Asset Print does not check any submission for spelling, grammar, or any other errors. The design will be printed as it appears in the artwork you supply. It is your responsibility to ensure that all materials submitted for printing are formatted correctly.
8.2 Standard File Review
Before you approve files for printing, make sure that your design does not have errors prior to print that will result in a bad print product. Our file specialists will review files for the following common errors (but ultimate responsibility to check such errors is yours):
- Full bleed
- Text and content out of zone
- Spot UV alignment
Other errors our file specialists will not check for include but are not limited to the following:
- Spelling Errors and typos
- Color out of gamut
8.3 Limited Warranty for Products Ordered. Asset Print guarantees prints you order and pay for will be in accordance with CMYK industry standards for pleasing color. We offer no guarantee of “match-print” color fidelity and cannot prevent slight color shift throughout an order. Asset Print does not guarantee color will match the preview as it appears on a customer’s monitor, because monitor colors vary. Asset Print is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. We recommend all custom designs be designed in CMYK and uploaded in CMYK. You may also upload in RGB if you choose, but the color will be converted to CMYK and may not be accurate. If you do upload in CMYK, we ask you to design using our preferred color profile for better color accuracy. Asset Print uses the GRACoL2006 Coated V2 color profile.
8.4 Orders will not be defective due to printing errors, coating errors, cutting errors, or bindery errors if they were designed within Asset Print design specifications.
8.5 You may not be able to print or write on the product after purchase. Asset Print’ products are often coated and can be difficult to print on. UV coated products cannot be printed on while matte covered products may require commercial printers. Satin matte finish allows for easier writability compared to our UV gloss finish. It is your responsibility to test using a sample and verify that your printer or pen will work before placing an order. Samples can be ordered online for free.
8.6 Asset Print cannot be held responsible for un-usable QR codes and /or Microsoft Tags after print. Please test the code with the application before file submission. Immediately upon receipt you should inspect all Products to ensure there are no defects and that the order is complete. If a print is found to be defective, Asset Print require fanned out photos to show a sampling of the defective product from the front, middle, and end of the package(s) prior to taking any action.
8.7 The foregoing warranty does not include defects due to customer errors, such as incorrect file submission in accordance with our specifications, duplicate orders, customer misunderstandings of turnaround time, slight color variances within four color (CMYK) industry standards for pleasing color, disregard for cutting and folding tolerances within stated limits on the website, incorrect paper, cover stocks and coating options chosen for print, undeliverable packages/3rd delivery attempts or refusal or delivery and orders returned without an RMA. No compensation is offered for any of the above or below items.
- Blank Card
- Incorrect card orientation
- Crop Marks
- Folding Out of Spec
- Hard to Read
- Inverted Stamp File
- Mini Image
- Missing Logo
- No Text
- Not Full Bleed
- Colors out of the CMYK color gamut. Please reference Section 3.
- Text or important images out of the safe zone
- Visible Template Lines
- Files with rounded corners designed into image
8.8 If a mistake is noticed before printing begins and needs to be corrected then the client will be responsible for all costs in altering that artwork. For example: printing plates have been made, but the job has not been run yet.
9. Production and Delivery
9.1. Delivery is based upon the production time taken by Asset Print to manufacture the Products and the delivery time to ship the Products to Customer.
9.2. Asset Print will endeavour to deliver the Products as soon as possible after Customer’s order has been accepted and Asset Print has completed the production of the Products.
9.3. Asset Print will advise Customer of the estimated date when the production of the Products shall be completed, however Customer accepts that time is not of the essence in relation to any estimated dates given by Asset Print.
9.4. For the avoidance of doubt, Asset Print shall not commence production on the Products until it has received payment in full for the Products and it is in receipt of the final Artwork following the completion of any Standard Artwork Check, Superior Artwork Check or Proof. Further information regarding production times can be accessed via the Customer Information page.
9.5. Delivery will be completed when Asset Print delivers the Products to the address given by Customer during the order process. If Customer is purchasing as a business, delivery will be completed when Asset Print delivers the Products to Customer’s nominated carrier.
9.6. If Customer is not available at the delivery address, Asset Print’s chosen carrier (The Carrier) will leave a note that the Products have been returned to The Carrier’s premises and Customer must contact The Carrier to rearrange delivery. In circumstances where The Carrier has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, The Carrier shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by The Carrier in attempting to re-deliver the Products.
9.7. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once Asset Print has received payment in full for the Products.
9.8. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 6pm.
9.10. The delivery of prospectuses takes place on disposable pallets; shipment tracking is not possible in this case.
9.11. For the avoidance of doubt, Asset Print or The Carrier shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control of Asset Print, The Carrier or Customer’s failure to provide Asset Print with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
9.12. Asset Print utilizes third-party carriers to deliver orders and it is not liable for delivery problems. Asset Print makes no guarantee about time in transit of any shipping method. If you do not receive an order by the expected delivery date, or it arrives damaged, you should email email@example.com or call 0861 527 738 and include invoice number.
9.13. Refused or undeliverable orders that are on time are not Asset Print responsibility and these are not subject to reprint, store credit or refund. Orders returned without an RMA to Asset Print as undeliverable may be recycled or eligible for reshipment based on the reason of the failed delivery attempt. Please contact us via e-mail at firstname.lastname@example.org or by phone at 0861 527 738 within 30 days of the scheduled delivery date.
9.14. If an order is delayed as a result of the fault of Asset Print, the sole remedy shall be that Asset Print may (a) upgrade of shipping type, (b) compensation of the shipping difference paid in the form of a store credit or refund. Asset Print must be contacted via e-mail at email@example.com or by phone on 0861 527 738 within 30 days of the scheduled delivery date. Asset Print has five business days from the time of notification to respond with one of the resolutions below:
9.15 Lost Packages
9.16. When a package is lost in transit, Asset Print will, at its option, reprint with the same production terms or issue compensation.
9.17. If the package is located by the carrier it will be rerouted to the customer promptly upon discovery. However if customer receives both original and reprint, customer will be required to pay for the reprint or return at Asset Print’ cost. Shipping carriers typically require 10 business days for refund of shipping costs.
9.18 If the package is not found, Asset Print will require confirmation from the carrier prior to issuing compensation.
9.19 Damaged Packages
When packages are damaged in transit, Asset Print will reprint with the same production terms or issue compensation. Customer will be required to provide package and contents to carrier.
10.1. The price of the Products excludes VAT at the applicable current rate chargeable in the South Africa for the time being. However, if the rate of VAT changes between the date of the order and the date of delivery, Asset Print will adjust the VAT payable by Customer, unless Customer has already paid for the Products in full before the change in VAT takes effect.
10.2. If Customer believes that the Product it has purchased should be zero rated for VAT purposes, Customer shall notify Asset Print immediately following receipt of the Order Confirmation and confirm the reasons for this. Asset Print will investigate such claim and if it considers (acting reasonably) that such Product should be zero rated for VAT purposes, Asset Print shall reimburse Customer for any overpayment made in respect of VAT.
10.3. Customers who are registered for VAT purposes must provide to Asset Print a valid VAT registration number at the time of placing an order. Asset Print is entitled to retain such information and apply this VAT registration number to any subsequent orders until Asset Print is notified by Customer in writing that the VAT registration number is no longer valid.
11.1. Asset Print uses external payment service provider, VCS to process all payments. Customer may pay for Products at the time of placing the order using a debit card, credit card or via Smart EFT. Customers should note that Asset Print shall not start production of the Products until payment has been received in full and print-ready or approved artwork has been supplied.
11.2. No other payment methods or terms shall apply unless expressly agreed with Asset Print in writing.
11.3. Asset Print shall issue a separate invoice for each Product ordered by Customer.
11.4. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify Asset Print and request Asset Print reimburse such sum. Subject to confirmation by Asset Print that it has received such overpayment, Asset Print shall reimburse the sum to Customer. Where the repayment of any such sum by Asset Print is subject to an additional charge, Asset Print shall be entitled to deduct the amount of any charge from the sum to be reimbursed.
12. ORDERS / CANCELLATIONS
Asset Print recommends payment via credit card, but you may also use PayPal to complete orders. Typical credit card payments clear within 5 seconds whereas electronic checks may take up to an average of 7 business days to clear. This will affect the delivery date chosen and push back your estimated delivery date for all orders are processed based on when payment is received. Please place your order at least 30 minutes prior to the cutoff time to ensure your order is available to print that night. All orders are printed Monday – Friday. If Asset Print receives the confirmation after our cutoff time of 8 PM GMT+2, orders may not print that night. Asset Print cannot be held responsible for delays if confirmation arrives after 8 PM GMT+2.
Orders may only be canceled through our website using the order status interface. Orders that have already printed cannot be canceled.
13. DEFECTIVE PRODUCTS
Asset Print must be contacted via e-mail at firstname.lastname@example.org or by phone at 0861 527 738 within 30 days of receiving your order. Asset Print require fanned out photos to show a sampling of the defective product from the front, middle, and end of the package(s) prior to taking any action.
If the product is not deemed defective, and customer chooses to keep the product, Asset Print can issue a 50% store credit for the product cost towards a future order. If the product is deemed defective, and of Asset Print error, we will reprint the order with the same delivery terms ordered.
Since each order is custom made to customer and has no re-sale value, All Sales Are Final. Full refunds are only authorized with a Return Merchandise Authorization (RMA) Label based on Manager discretion. Asset Print will issue a RMA number so the defective product can be returned for a full refund, but Asset Print is not responsible for added pick-up or service fees. Orders that are returned without prior authorization will not be eligible for compensation. All authorized RMAs will go through a Quality Control check prior to the compensation being issued. All defective merchandise, including any and all reprints of the defective set(s) must be returned with an RMA in order to receive a full refund on the defective product ordered.
Asset Print does not offer any compensation for customer errors under Limited Warranty for Products Ordered.
14. CREDIT / REFUND
If the Product is found to be defective and you request a reprint, Asset Print will reprint at no charge with the same production and delivery terms extending from the time of resolution. Asset Print may require samples and photos of the defective product prior to taking any action.
If a print is defective because of Asset Print’s error, then you may contact Asset Print to request a reprint, an in-store credit, or refund. Asset Print must be contacted via e-mail at email@example.com or by phone at 0861 527 738 within 30 days of receiving your order. Asset Print may issue a RMA number so the defective product can be returned for a full refund, but Asset Print is not responsible for added pick-up or service fees. Asset Print reserves the right to request samples or photos of the defective product before issuing a RMA. Orders that are returned without prior authorization will not be eligible for compensation. All authorized RMAs with in-store credits or refunds will go through a Quality Control check prior to the in-store credit or refund being issued. All defective merchandise must be returned if an RMA is required for an in-store credit or refund to be issued.
Asset Print does not offer refunds for any and all customer errors. Reference Section 3.
Asset Print does not refund, cancel or credit if the Service failure or defect is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.
15. INFORMATION DISCLOSURE
15.1. Asset Print reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with Asset Print and regarding changes to these Terms of Service. Any customer may opt out of receiving future contact from Asset Print at any time, by unsubscribing from our email correspondence.
16. ENTIRE AGREEMENT
The Terms of Service constitute the entire agreement between you and Asset Print and govern your use of the Service, superseding any prior agreements between you and Asset Print.
These Terms of Service and the relationship between you and Asset Print shall be governed by the laws of South Africa, without regard to its conflict of law provisions. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any dispute or claim relating to your use of the Service, or to any products or services sold or distributed by Asset Print will be resolved by binding arbitration, rather than in court, except that you must assert claims in small claims court if your claims qualify.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to indemnify and hold Asset Print, and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party.
20. EVENTS OUTSIDE THE CONTROL OF ASSET PRINT OR THE CARRIER
20.1. Asset Print or The Carrier shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of Asset Print or The Carrier. An Event Outside the Control of Asset Print or The Carrier is defined below in condition 12.2.
20.2. An Event Outside the Control of Asset Print or The Carrier means any act or event beyond Asset Print or The Carrier’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
20.3. . If an Event Outside the Control of Asset Print or The Carrier takes place that affects the performance of Asset Print or The Carrier’s obligations under a Contract:
20.3.1. Asset Print will notify Customer as soon as reasonably possible; and
20.3.2. Asset Print’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of Asset Print.
20.4. . If the Event Outside the Control of Asset Print or The Carrier extends beyond four weeks, Customer shall be entitled to cancel the Contract.
Asset Print’s liability if Customer is purchasing as a consumer
21.1. . If Asset Print fails to comply with these Terms, Asset Print is responsible for any loss or damage suffered by Customer that is a foreseeable result of Asset Print’s breach of the Terms or Asset Print’s negligence. Loss or damage will be foreseeable if they are an obvious consequence of Asset Print’s breach or if they were contemplated by Customer and Asset Print at the time the Contract was entered into.
21.2. Asset Print does not in any way exclude or limit its liability for:
21.2.1.Death or personal injury caused by our negligence;
21.2.2. fraud or fraudulent misrepresentation;
21.2.3. Defective products under the Consumer Protection Act, No.68 of 2008.
Asset Print’s liability if Customer is purchasing as a business
21.3. Nothing in these Terms limit or exclude Asset Print’s liability for:
21.3.1. death or personal injury caused by our negligence;
21.3.2. fraud or fraudulent misrepresentation;
21.3.3. defective products under the Consumer Protection Act, No.68 of 2008.
21.4. Subject to condition 14.3, Asset Print will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
21.4.1. any loss of profits, sales, business, or revenue;
21.4.2. loss or corruption of data, information or software;
21.4.3. loss of business opportunity;
21.4.4. loss of anticipated savings;
21.4.5. loss of goodwill; or
21.4.6. any indirect or consequential loss.
21.5. Subject to condition 14.3 and condition 14.4, Asset Print’s total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Products.
22. Communications between Asset Print and Customer
22.1. When these Terms refer to “in writing”, this will include e-mail.
22.2. If Customer is purchasing as a consumer:
22.2.1. To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact Asset Print in accordance with condition 6.3..
22.2.2. . If Customer wishes to contact Asset Print in writing for any other reason, Customer can send this to Asset Print by e-mail [hello@Asset Print.co.za] or by pre-paid post to Asset Print, P.O.BOX 50398, V&A Waterfront, Cape Town, 8002, South Africa. Customer can always contact Asset Print using the Customer Services telephone line.
22.2.3. If Asset Print have to contact Customer or give Customer notice in writing, Asset Print will do so by e-mail or by pre-paid post to the address Customer provided in the order.
22.3. If Customer is purchasing as a business, any notice given by Customer to Asset Print, or by Asset Print to Customer, will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
23.2. Before sending an Order Confirmation, Asset Print has the right to cancel Customer’s order, if Customer does not deliver Artwork that complies with the Format Requirements within a period of four weeks from date of order.
24. Personal Data
24.2. . Asset Print will use the personal information provided by Customer to:
24.2.1. supply the Products;
24.2.2. process the payment for such Products; and
24.2.3. inform Customer about similar products or services that Asset Print provides, but Customer may stop receiving these communications at any time by contacting Asset Print or by clicking an unsubscribe button.
24.3. Save as set out in condition 17.4 below, Asset Print does not pass any personal data to any other third party.
25. Trade marks / Copyright
25.1. The Customer shall indemnify Asset Print against any and all claims, liability, costs losses, damages and expenses arising out of the use by Asset Print of the materials provided to Asset Print by Customer including (without limitation) the Artwork
25.2. All content is assumed to be approved by the client in any media.
25.3. Any rights that may be required for any of the content is not the responsibility of Asset Print
25.3. Asset Print has the right to use client’s artwork and photographs of printed media, for advertising/marketing and portfolio uses.
26.1. Each coupon is identified by a Coupon Code and has different requirements and rewards. Please check your coupon — all requirements stated on the coupon must be met to receive the discount.
26.2. Coupon values are as specified on the coupon.
26.3. Coupons are intended for single use only.
26.4. Coupons are applicable to online purchases only.
26.5. Coupons are redeemable only on the Asset Print website (www.assetprint.co.za).
26.6. In the case of a multiple-item order, the value of the coupon is allocated to each item based on the proportion of the item’s value to the total value of all items, excluding shipping, taxes and other charges.
26.7. A coupon cannot be used to pay for taxes, shipping and handling or other charges.
26.8. If your coupon has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount.
26.9. Some promotional offers may not be combined with other offers in the same order. Generally, only one coupon code may be used per order.
26.10. Each coupon is valid for a limited time only and expires on the date specified in the offer.
26.11. Coupons cannot be exchanged for cash!
27.1. These Terms of Service are not assignable or transferable by you without the prior written consent of Asset Print. These Terms of Service (including all of the policies and other Agreements described in this Terms of Service, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Asset Print are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.
27.2. Asset Print may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or Asset Print‘s obligations under these Terms.
27.3.Customer may only transfer its rights or obligations under these Terms to another person if Asset Print agrees in writing. However if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask Asset Print’s consent.
27.4 The Contract is between Asset Print and Customer. No other person shall have any rights to enforce any of its terms.
27.5. If Asset Print (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that Asset Print has waived its rights against Customer or that Customer does not have to comply with those obligations. If Asset Print does waive a default by Customer, Asset Print will only do so in writing, and this will not mean that Asset Print will automatically waive any later default by Customer.
27.6. If Customer is purchasing as a consumer, these Terms are governed by South African law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by South African law. Customer and Asset Print both agree that the courts of South Africa will have non-exclusive jurisdiction.
27.7. If Customer is purchasing as a business, these Terms are governed by South African law. This means that a Contract, 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), will be governed by South African law. Customer and Asset Print both agree to the exclusive jurisdiction of the courts of South Africa.