PlastikMedia Terms & Conditions for use of website www.plastikmedia.co.uk
PlastikMedia is a division of PlastikCity Ltd
The user (“You”) agree not to interrupt or attempt to interrupt the operation of the PlastikMedia site in any way.
RELIANCE ON INFORMATION POSTED & DISCLAIMER
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
INFORMATION ABOUT US
www.PlastikMedia.co.uk is a trading name of PlastikCity Ltd.
PlastikCity Ltd (“We”); are a COMPANY registered in England and Wales under registration number 8269285. Our registered office is Howell & Co, 1 Bitteswell Road, Lutterworth, Leics LE17 4EL.
ACCESSING OUR SITE
Access to the PlastikMedia website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
USE OF MATERIALS
All PlastikMedia content is strictly for personal, non-commercial use only.
We authorise you to view and download materials from the sites only for use in connection with the purchase or evaluation of our products and services. This authorisation is not a transfer of any rights in the materials other than those expressly granted. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions.
(1) You may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;
(2) Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
(3) You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
(5) You may not transfer the materials to any other person.
INFORMATION POSTED ON THE SITE
Except as expressly requested in a site, you should not provide to us any information that you do not want published on the site or presented to other users of a site. To the extent that you provide to us any information by posting it on the site or submitting to us any information for posting on the site (including text, graphic materials, audio, or any other materials):
(1) You represent and warrant to us and to all others that access any site that you own, or possess sufficient rights in, all such information and all such parties may regard such information as publicly disclosable and, in any case, not your confidential information;
(2) You represent and warrant that you have the authority to grant to us the right to use the likeness of any person appearing in any graphic material in the commercial promotion of our products and/or services and you grant to us that right;
(3) You grant to us an exclusive, irrevocable, worldwide, fully-paid, royalty free license to use, revise, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit;
(4) You grant to us the right to sue or to otherwise enforce all intellectual property rights in such materials (including the right to sue for past infringement) including, without limitation any user of a site or other person who copies, replicates, duplicates, or windows any such materials;
(5) We are free to use any ideas, concepts or know-how contained in such information without any compensation or remuneration to you.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
– All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. – – Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
– loss of income or revenue;
– loss of business;
– loss of profits or contracts;
– loss of anticipated savings;
– loss of data;
– loss of goodwill;
– wasted management or office time; and
– for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
CONTRACTS AND CANCELLATION THEREOF
We shall provide the agreed services to the Company for a period commencing on the Agreement Commencement Date and terminating on the earlier of (a) the date PlastikCity Ltd completes the provision of the Services to the Company under the Agreement, or (b) the date PlastikCity Ltd shall have been paid the maximum amount of fees.
Unless stated otherwise, the contract will be valid for a minimum 12-month term. After this period, you will continue to be invoiced monthly. Following this period, unless specified otherwise, either party may terminate the Agreement at any time upon Three Months written notice. In the event of such termination, PlastikCity Ltd shall be paid for any portion of the Services that have been performed prior to the termination.
Should either party default in the performance of the Agreement or materially breach any of its obligations under the Agreement, including but not limited to PlastikCity Ltd’s obligations under the Confidential Information and Invention Assignment Agreement between the Company and PlastikCity Ltd referenced below, the non-breaching party may terminate the Agreement immediately if the breaching party fails to cure the breach within 14 business days after having received written notice by the non-breaching party of the breach or default.
During the term of the Agreement, PlastikCity Ltd will provide services to the Company as described on PLASTIKCITY WEBSITE PAGE – JOIN US hereto (the “Services”). PlastikCity Ltd has the qualifications, the experience and the ability to properly perform the Services. PlastikCity Ltd shall use their best efforts to perform the Services such that the results are satisfactory to the Company.
PlastikCity Ltd’s relationship with the Company will be that of an independent contractor and not that of an employee.
As consideration for the Services to be provided by PlastikCity Ltd and other obligations, the Company shall pay to PlastikCity Ltd the amounts specified in the Agreement.
If paying by direct debit, please note that PlastikCity Ltd has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited (www.eazycollect.co.uk), to collect your payments and Eazy Collect will be shown on your bank statement.
PlastikCity Ltd shall not be authorised to incur on behalf of the Company any expenses and will be responsible for all expenses incurred while performing the Services (except as expressly specified) unless otherwise agreed to by the Company’s Officer, which consent shall be evidenced.
METHOD OF PROVISION OF SERVICES
PlastikCity Ltd shall be solely responsible for determining the method, details and means of performing the Services. PlastikCity Ltd may, at PlastikCity Ltd’s own expense, employ or engage the services of such employees, subcontractors, partners or agents, as PlastikCity Ltd deems necessary to perform the Services (collectively, the “Assistants”). The Assistants are not and shall not be employees of the Company, and PlastikCity Ltd shall be wholly responsible for the professional performance of the Services by the Assistants such that the results are satisfactory to the Company.
SUPERVISION OF PLASTIKCITY LTD’S SERVICES
All of the services to be performed by PlastikCity Ltd, including but not limited to the Services, will be as agreed between PlastikCity Ltd and the Company’s representative. When applicable PlastikCity Ltd will report to the representative concerning the Services performed under the Agreement. The nature and frequency of these reports will be left to the discretion of the representative.
CONFLICTS WITH THE AGREEMENT
PlastikCity Ltd represents and warrants that neither PlastikCity Ltd nor any of the Assistants is under any pre-existing obligation in conflict or in any way inconsistent with the provisions of the Agreement. PlastikCity Ltd represents and warrants that PlastikCity Ltd’s performance of all the terms of the Agreement will not breach any agreement to keep in confidence proprietary information acquired by PlastikCity Ltd in confidence or in trust prior to commencement of the Agreement. PlastikCity Ltd warrants that PlastikCity Ltd has the right to disclose and/or use all ideas, processes, techniques and other information, if any, which PlastikCity Ltd has gained from third parties, and which PlastikCity Ltd discloses to the Company or uses in the course of performance of the Agreement, without liability to such third parties. Notwithstanding the foregoing, PlastikCity Ltd agrees that PlastikCity Ltd shall not bundle with or incorporate into any deliveries provided to the Company herewith any third-party products, ideas, processes, or other techniques, without the express, written prior approval of the Company. PlastikCity Ltd represents and warrants that it has not granted and will not grant any rights or licenses to any intellectual property or technology that would conflict with PlastikCity Ltd’s obligations under the Agreement. PlastikCity Ltd will not knowingly infringe upon any copyright, patent, trade secret or other property rights of any former client, employer or third party in the performance of the Services.
CONFLICTS WITH THE AGREEMENT
Any term of the Agreement may be amended or waived only with the written consent of the Company.
CHOICE OF LAW
The validity, interpretation, construction and performance of the Agreement shall be governed by the laws of England, without giving effect to the principles of conflict of laws.
ADVICE OF COUNSEL
EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THE AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THE AGREEMENT. THE AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.
If one or more provisions of the Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from the Agreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.
The Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, modify, add remove content or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
DATA PROTECTION & GDPR
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial- of- service attack or a distributed denial- of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co- operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial- of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKS FROM OUR SITE
If you have any concerns about material which appears on our site, please contact customerservice@PlastikMedia.co.uk