Terms & Conditions, Privacy, Accessibility.

Terms & Conditions.


Definitions: In these conditions “The Company” means Rod Mitchell Limited trading as Pen To Paper, whose principal place of business is at 8-9 King Charles Terrace, Sovereign Close, London E1W 3HL, and “The Client” means the person, firm or company to whom this document is addressed. Subject to the following clause “The Goods” means the subject of this order. Where the contract is for the provision of services the words “The Goods” shall be read, where the context permits, as meaning the service which the Client has contracted the Company to provide.

Formation of the Contract: These conditions shall form the basis of the contract between the Company and the Client. Notwithstanding anything to the contrary in the Client’s standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by a person authorised to sign on behalf of the company. Unless otherwise expressly stated in writing, all quotations and estimates by the Company are invitations to treat. Databases must be checked against the MPS and File of Deceased Persons prior to being submitted to Pen To Paper. All databases will be deleted six months after their last use. The construction, validity and performance of these conditions and this order shall be governed by English Law, and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England. These conditions supersede all previous terms and conditions of sale issued by the Company.

Copyright and Content: The Client warrants and represents to the Company that the Company’s use of all text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials featured, displayed or used or to be featured, displayed or used that is provided by the Client to the Company in accordance with the terms of the contract will not infringe copyright and other intellectual property rights of any third party. The copyright and other intellectual property rights in any material prepared by the Company for the Client shall belong to the Client and the Company agrees to never knowingly infringe copyright or intellectual rights. Nothing in this provision shall preclude the Company from utilising the results of the provision of services and designs to the Client for promotional and advertising purposes of the Company. The Company will not knowingly infringe third party rights. The Company reserves the right to publicise the work we have done and to request examples of the final products.

Fees for Service: It is agreed that the fee for the service shall be the cost quotation provided, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified, the Client agrees to pay appropriate fees for the excess work. Excess work is defined as any work involving additions and/or changes to the quotation or changes to all pieces of finished work after sign-off by an authorised representative. Any agreed delivery dates or other deadlines are dependent on the Client meeting all workflow agreements. If there is any deviation from these dates, the Company cannot guarantee the final delivery date. In respect of delivery dates or other deadlines, time shall not be of the essence. VAT will be added to all invoices at the rate applying at the appropriate tax point.

Payment: Unless otherwise agreed in writing the Company will invoice for work done on a monthly basis commencing one month after commencement of work. Unless the sale is for cash, or other credit terms have been expressly agreed in writing, all accounts are due for payment on or before 30 days following date of dispatch of invoice. The Company reserves the right to charge interest at 4% per annum above the base rate from time to time in force at RBS PLC on all overdue accounts. Quotes are valid for 30 days from the date of the Quote. All prices quoted may be subject to change without notice after this period. The Client shall not be entitled to set off against any amount payable any amount due by reason of any dispute or claim by the Client, or any amount due by the Company to the Client under any other agreement. The Client shall reimburse to the Company any costs incurred by the Company in re-presenting any cheque or other instrument delivered by the Client to the Company. The Company reserves the right at any time at its discretion to demand security for payments before continuing with or delivering any of the Goods notwithstanding any subsisting agreement to provide credit to the Client. Without prejudice to any other rights of the Company, if the Client shall fail to make punctual payments of any sum under any contract between the Company and the Client, the Company may, at its option, either withhold delivery of the Goods until the total indebtedness of the Client to the Company has been discharged, or cancel the contract.

Title and Risk: Risk in the Goods shall pass to the Client when the Goods are delivered to the Client. The title in the Goods shall remain with the Company until the Client has paid all sums owed by the Client to the Company whether in respect of this order or otherwise. The Goods are supplied on the basis that they conform to the written descriptions contained in the estimate or quotation. The Company accepts no responsibility or liability for unbranded goods supplied to the Client for branding or personalisation once the Client has accepted delivery of the unbranded Goods.

Indemnity and Other Matters: The Client shall indemnify and save harmless the Company against any claims, liability, loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by the Company whether direct, indirect or consequential arising out of any dispute or contractual tortious or other claims or proceedings brought by a third party that may arise out of the content or nature of the material stored upon any computer or server or which may be prohibited or protected by laws of any country or state relating to copyright confidentiality or intellectual property.

Liability: Notwithstanding any other provisions in these terms and conditions, the Company’s liability to the Client for death or injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors shall not be limited. The Company’s entire liability to the Client in respect of any breach of the Company’s contractual obligations, any breach of warranty, and representation, statement, tortious act or omission including negligence arising under or in connection with this contract shall be zero (£0). The Company shall not be liable to the Client for any indirect or consequential loss the Client may suffer, even if the loss is reasonably foreseeable or the Company has been advised of the possibility of the Client incurring it.

Force Majeure: The Company shall not be liable for any failure to deliver the Goods arising from circumstances outside its control, including but not limited to lock-out, fire, accidents, defective materials, delays in receipt of raw materials or bought-in goods or components, terrorism or acts of war.

Exclusion of Third Party Rights: The Contracts Rights of Third Parties Act 1999 shall not apply and no person other than the parties to this contract shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.

Privacy Policy.


We’re committed to making sure that your privacy is protected: If we ask you to provide certain information that can identify you when visiting this website, you can be certain that it will only be used in accordance with this policy, which is effective from 1 January 2012. We may update this policy from time to time, so please do check back to see you are happy with any changes.

We may collect the following information: Name and job title, contact information, including email address, demographic information, such as postcode, other information relevant to customer surveys. We need this information to understand your needs and provide you with a better service, as well as for internal record keeping, to improve our services, to send you occasional emails about our services or information we think you may find interesting, using the email address you’ve given us, to contact you for market research purposes by email or phone and to customise our website according to your interests.

We’re committed to ensuring that your information is secure: In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. You can choose to accept or decline cookies. Most web browsers automatically accept them, but you can usually modify the setting to decline cookies. This may prevent you from taking full advantage of our website. Our website may contain links to allow you to visit other websites of interest easily. However, once you have used these links to leave our site, we don’t have any control over any other website. We cannot be responsible for the protection and privacy of any information you provide when visiting other sites.

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to: Pen To Paper at 8-9 King Charles Terrace, Sovereign Close, London E1W 3HL or emailing us using the form on our Contact Page. For a small fee, you can request details of any personal information we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to Pen To Paper at the above address. If you believe that any information we are holding about you is incorrect or incomplete, write to us or email using the form on our Contact Page as soon as possible, or write to us at the above address, and we'll correct it. We do not sell, distribute or lease your personal information to third parties.

Accessibility.


You can change the way you view this site using the tools built into your web browser: Internet Explorer. Click ‘View’ in the top menu bar, then ‘Text Size’ and select your preference. Firefox. Click ‘View’ in the top menu bar, then ‘Text Size’ and select ‘Increase’ or ‘Decrease.' Netscape. Click ‘View’ in the top menu bar, then ‘Text Zoom’ and select your preference. Opera. Click ‘View’ in the top menu bar, then ‘Zoom’ and select your preference. Viewing in a plain layout with Internet Explorer. Click ‘Tools’ in the top menu bar, then ‘Internet Options’, then ‘Accessibility’ at the bottom right of the dialogue box. A new dialogue box opens, offering three formatting choices. Click them according to your preferences. Viewing in a plain layout with Firefox/Netscape. Click ‘View’ in the top menu bar, then ‘Page Style,' then select ‘No Style.’