Terms & Conditions
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The following terms and conditions apply to all users of this site and those handling any printed or digital material obtained from this site which is www.jimholden.co.uk (JH) These online/digital terms and conditions supplement and do not replace any Jim Holden standard terms and conditions printed on any licences, invoices and delivery notes.
1. Licence
1.1 When purchasing an image (print or digital download) from the website you are granted a non-exclusive licence to use the image(s) for your own personal non-commercial use only. You may not copy, reproduce, republish, post, broadcast, transmit, make available to the public, sell or otherwise re-use or commercialise the image(s) in any way. No other licence for use is implied or granted without written consent from JH. Copyright remains with Jim Holden.
1.2 You may not edit, alter, adapt or add to the image in any way, nor combine the image with any other material.
1.3 You may not use the images(s) for the purpose of promoting, advertising, endorsing or implying a connection between you (or any third party) and JH.
1.4 You may not use the image in any way that could bring JH into disrepute or otherwise cause any loss or damage to JH.
1.5 The reproduction by whatever means of the whole or any part of any image (including, without limitation, slide projection, artist's reference, artist's illustration, layout or presentation of images) is strictly forbidden without our specific written permission.
1.6 Commercial Licence
Your right to reproduce an image arises only if (a) commercial licence terms are agreed and (b) our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this agreement, entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any image supplied to you. Contact here if you require permission for commercial, editorial or web use.
1.7 Downloadable product 'Facebook friendly file' is delivered from JH licence-ready with a single user non-exclusive, non-transferable and non-assignable right to use the image on facebook & myspace social network sites. NO OTHER WEB USE is granted or implied. No commercial use, distribution or any other unauthorised reproduction is permitted without written consent. We are happy to arrange these for certain galleries. Contact here if you would like to purchase an image for commercial, editorial or other web uses.
2. Limitation of Liability
2.1 Images and content are made available by JTS on an "as is" and "as available" basis. JH gives no warranty of any kind in relation to the material. We disclaim all implied and statutory warranties in relation to the images to the maximum extent permitted by law.
2.2 JH has taken reasonable care to ensure that material contains no errors, viruses or defects; however, JH does not warrant that this is the case, and you download and use material at your own discretion and risk. You are advised to take all reasonable precautions to protect your computer from virus infection. To the maximum extent permitted by law JH will not be liable for any loss or damage which you may suffer as a result of connection, download or use of the downloaded material.
3. Indemnity
You hereby agree to indemnify, hold harmless and defend JH in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the terms of this licence or otherwise in connection with your use of the images.
4. Intellectual Property Rights
All title, ownership rights and intellectual property rights in and to the content shall remain the property of JH.
5. Termination
5.1 JH may restrict, suspend or terminate any or all download facilities at any time at its sole discretion without liability.
5.2 Clauses 2, 3, 4 and 6 shall survive termination of this licence.
6. General
6.1 You may not assign, charge, sublicense or otherwise deal with your rights or obligations in this licence.
6.2 This licence shall be interpreted in accordance with the laws of and subject to the exclusive jurisdiction of the English Courts.
6.3 Any failure or delay by either party in exercising its rights under any provisions of this agreement shall not be construed as a waiver of those rights at any time now or in the future.
Contact information
The Village Works
East Hoathly
East Sussex
BN8 6QA
01825 841157
Printing Services Terms
1 Scope
1.1 The conditions below apply to the supply of printing services by Jim Holden.
2 Order
2.1 The customer will order the goods by phone, letter, e-mail, via the web shop or in person at the premises of Jim Holden.
2.2 The purchase price is due immediately. Payment may be made by credit or debit card, cheque or cash and is due before any goods will be despatched.
2.3 All prices are quoted in £ sterling and are subject to change without notice.
2.4 The customer will be liable for any postage and packaging charges to the address supplied.
2.5 Despatch: Prints within 7 days where possible and mounted prints & canvas prints within 20 days. Delays to this will only occur during busy periods and location commissions.
2.6 Payment:
WorldPayZinc Payments Processing
Visa Credit payments supported by WorldPayZinc Visa Debit payments supported by WorldPayZinc Visa Electron payments supported by WorldPayZinc Mastercard payments supported by WorldPayZinc Maestro payments supported by WorldPayZinc Solo payments supported by WorldPayZinc. Web orders processed by PayPal.
Your Privacy
To process an order we require certain information from you such as your name, email address and postal address. We will never sell disclose, rent or trade your personal information to any other party.
Copyright
Images taken by Jim Holden remain the copyright of Jim Holden. No commercial use, distribution or any other unauthorised reproduction is permitted without written consent. Get in touch via the contact page link if you require permission for commercial, editorial or web uses.
Customer images: It is the responsibility of all customers to ensure that all material placed with Jim Holden is free from any copyright claims and to indemnify us against any such claims.
Reservation of the proprietary rights. The goods supplied remain the property of Jim Holden until full payment has been received.
Liability
In the unlikely event of any processing failure or damage to a clients goods or materials, whether caused by negligence or otherwise, liability is limited to the cost of replacement of the materials and refund of any processing charges paid. No responsibility will be accepted for indirect or consequential loss and it shall be the responsibility of the customer/client to arrange adequate and appropriate insurance against the risk of any loss or damage.
Delivery
We deliver to all countries within the UK and EU. Any claims of return or damage to an order, where not damaged in transit, will need to be reported within 48 hours of receiving the goods. Please notify us on 01825 841157 to report any damage, Any lost or damaged claims due to transport and/or shipping shall be directed towards the delivering company and are not the responsibility of Jim Holden.
Refund, Returns & Cancellation
In the unlikely event of any processing failure or damage to a client's goods or materials, whether caused by negligence or otherwise, liability is limited to the cost of replacement of the materials and refund of any processing charges paid. No responsibility will be accepted for indirect or consequential loss and it shall be the responsibility of the customer/client to arrange adequate and appropriate insurance against the risk of any loss or damage.
Any claims of return or damage to an order, where not damaged in transit, will need to be reported within 48 hours of receiving the goods. Please notify us to report any damage, Any lost or damaged claims due to transport and/or shipping shall be directed towards the delivering company and are not the responsibility of Jim Holden.
Should delays be experienced in the completion of an order the client does not have the right to cancel the order, either entirely or in part.
Disclaimer
You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on our website from any copies or printed items taken of material from our websites.
You are not allowed to upload, email to us or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:
material which is defamatory of any person;
material which is pornographic, obscene, indecent or offensive;
material that is likely to incite hatred or violence against any person or group;
material that is likely to deceive any person;
material which concerns or relates to any criminal act;
material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;
material that breaches any applicable laws or legislation.
Sizes quoted are approximate only and on occasions can be fractionally over or under the size quoted.
We may change the format and content of our websites (or any products or services offered by our websites) at any time.
We may terminate or suspend the operation of our websites (or terminate or suspend provision of any products or services offered through our websites) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our website.
Prices displayed throughout this website were accurate at the time of publication and may change at any time.
All product and brand names are trademarks or registered trademarks of their respective holders.
Although every effort will be made, exact colour matching cannot be guaranteed. It is suggested that the client provides a colour guide, without which reproduction will be at the discretion of Jim Holden.
Service Times
We will make every effort to ensure orders are completed within the stated times, but will not accept any liability for damages in the event of failure to do so. Should delays be experienced in the completion of an order the client does not have the right to cancel the order, either entirely or in part. Any work required before our normal service times may incur a 'rush' charge, especially when 'out of hours' production is required to meet delivery.
Claims
Jim Holden will not be responsible for errors that occur in the absence of written instructions or in the case of unclear instructions. Complaints must be notified within 48hours of receipt of work.
