Bendart Limited - AdvantageMedia PrintPartnerships Scheme

The following Terms apply to the AdvantageMedia PrintPartnerships Scheme in addition to our Standard Terms and Conditions. Where there is any conflict between the following Terms and our Standard Terms and Conditions the following Terms shall prevail.

Included Delivery:

Delivery of all items ordered on-line will be by Carrier or Post to one UK address per order via a “Next Day” service. It is the addressee’s responsibility to ensure that the goods can be received within the timescale set by the Carrier used. We will supply Carrier and tracking details to our Print Partners. We cannot be responsible for late delivery due to unforseen circumstances experienced by the chosen Carrier, or the underperformance of the chosen Carrier. The liability of Bendart Limited (if any) will be restricted to a credit to the credit/debit card used for the original order, of the carriage cost. For damaged or lost goods, we must be informed as soon as possible, but in any case within seven working days of the expected delivery date. We reserve the right to require that damaged goods be returned to us for inspection (at our cost – Bendart Limited will arrange collection) and our liability will be restricted to replacement of the goods in either case. It is an express condition of trading that we will not accept claims for consequential loss however caused.

Commission:

You will receive 10% commission on all AdvantageMedia products which you choose to advertise on your PrintPartnership Web Site, this commission being calculated from the prices current at the time of order on our main AdvantageMedia.co.uk Web Site, with the exception of the “SuperSaver” products and any work quoted specifically to you at “nett trade”. Commission due on all orders will be credited or debited to your PrintPartnership Account as soon as the order is dispatched.

Payment:

We will send during the first three working days of the month a document listing all your web site transactions and a total account statement detailing the commission due to you on these, as well as detailing any amounts due to us for all non-website “nett trade” purchases, on this statement debits and credits will contra against each other to give an accurate account total. This will be sent to you by email.

If the statement shows an amount owing to you, this will be paid into your nominated Bank Account before the end of the seventh working day from the statement date. If the statement shows an amount owing to us, this – in line with the Direct Debit agreement, will be taken from your nominated Bank Account on the nearest working day to the 27th of the month. The “Advance Notice of Direct Debit Collection” will be sent at least ten working days prior to this.

Your Invoice to us:

To comply with current VAT legislation, you will need to issue a monthly invoice to us for your commission and this applies whether your account shows a credit or debit amount.

If you are VAT registered, you will need to add VAT to this invoice. The invoice should reach us before the end of the 6th working day of the month. This invoice must be on your official heading and can be sent to us by email to jo@ advantagemedia.co.uk, by fax to 01493 850040 marked for the attention of Joanne, or by post. Remember that we cannot pay any commission you may be due until we receive this invoice.

Credit Card Fraud and Chargebacks:

In common with all web sites which offer remote selling facilities, your PrintPartnerships web site may attract fraudulent transactions. These normally (though not exclusively) take the form of stolen credit/debit card details being used by unauthorised persons to purchase goods. When the authorised user of the card becomes aware of the unauthorised transaction, they inform their card issuer who then instructs our credit card processor (HSBC) to withdraw the funding from our account.

There is also the possibility of those customers using PayPal for payment instigating a dispute procedure, which would result in PayPal withdrawing funds from our PayPal account.

You should be aware that with any instance of withdrawal of funds, we will debit your PrintParnerships account with all such amounts. Please see what steps we will take to resolve such issues in “Service Undertakings”.

Promotions Discount:

You will be entitled to a discount of 33.3% on the prices shown for Litho, Digital and Large Format Printed items on our AdvantageMedia.co.uk website to assist you promote your business subject to the following conditions:-

1. at least 50% of the content of the printed item to be discounted must contain advertising for printed products from AdvantageMedia for example a business card with “your” information on one side and AdvantageMedia material on the reverse would satisfy the condition; and

2. the maximum yearly amount from which the promotions discount will be deducted is £500.00 gross.

Scheme Subscription:

There is a Scheme Subscription of £750.00 + VAT for the 1st and £450.00 for each subsequent annum, payable in advance.

The subscription for subsequent years will be taken by direct debit on the anniversary of your first payment. You will be notified of our intention to take this amount by letter, at least six weeks before this anniversary.

Your Right to Cancel:

If, within fourteen days of your initial subscription payment you decide not to take up membership of our PrintPartnerships Scheme and you have not used any of the facilities offered, you may cancel your application and we will refund your payment less a £10 (inc. VAT) administration fee. Any such cancellation should be in writing to our Great Yarmouth address.

You must give us twenty eight days notice before the initial payment’s anniversary of your intention to leave the scheme for any subsequent year.

Our Right to Cancel:

In spite of any offer either agreed or implied, we reserve the right to suspend or cancel the PrintPartnerships Scheme’s availability to any participant either partially or completely without notice. We will not be obliged to offer any explanation or compensation for such a measure except for the refund of any subscription amounts outstanding to the end of any “paid for” period as of the date of cancellation.

Variations of the Terms & Conditions:

These Terms & Conditions of Trading are current as of June 2010. We reserve the right to amend or add to these by giving 28 days notice of our intentions. If, at that time you decide not to accept any such revisions, you must contact us in writing to end your subscription and thereupon any outstanding subscription amount will be refunded to your current account. Any balance owed to us will be taken by Direct Debit, any balance owed to you will be forwarded by cheque.

Service Undertakings

Our Undertakings:

We undertake that unless directly instructed by you, we will not contact your Customer at any time and we will not intentionally keep records of any of your Customer’s details other than those that may be required for necessary traceability on our Accounts and Despatch systems.

If you supply us with the appropriate artwork, we will print and apply to each consignment, a label carrying your branding. Note that this is not an address label. There is no charge for this service.

You will have access to ongoing telephone support for both order queries and technical queries through your personal sales contact, from 9am to 5.30pm Monday to Friday excluding Bank and Public Holidays.

Your personal sales contact for all your orders is Joanne Moore on 01493 332250 - extension 214, email jo@ advantagemedia.co.uk. Jo’s email and voice mail is constantly monitored if she is out of the office and so you will always be assured of a prompt service.

We undertake to provide you with regular emails to keep you up-to-date with the progress of each individual order.

If any transaction processed through your web site is subject to chargeback of funds caused by an apparent fraudulent transaction, we undertake to supply the card processor (HSBC) or PayPal as may apply, with all documentation and other supporting evidence of any type to enable them to contest or investigate the problem. You should be aware that if they are unable to resolve the issue and/or fraud is proven to their satisfaction, that you will be liable for the charged back amount as this will have been credited to your PrintPartnership account at the time of the defaulting Customer’s order. The banks offer no right of appeal against such decisions. Customer Queries:

We undertake to deal, by telephone or email, with your Customer’s queries and delivery enquiries acting as your representative in a polite and efficient manner and to keep you informed of any such discussions.

Consumer Protection (Distance Selling) Regulations 2000:

You or your Company (as applicable) are a selling agent for Bendart Limited, with our relationship operating under the PrintPartnership Scheme and the relevant agreements. Our relationship with certain of your Customers will fall under the scope of the Consumer Protection (Distance Selling) Regulations 2000. Therefore, where our relationship with your customer is one to which the Consumer Protection (Distance Selling) Regulations 2000 apply we undertake to comply with such Regulations and accept responsibility for the consequences of any breach.

Your undertakings:

Customer Queries:

Should you wish to deal with any of your Customer’s queries yourself, you will ensure that any undertakings you may give are communicated to us at the earliest opportunity. Furthermore, you undertake to refer to us before committing to any refunds or reprints for lost or damaged orders.

Confidentiality:

You undertake that you will not use any information which we provide to you (including any computer files which we supply for your website) for any purpose which is not connected with the PrintPartnerships Scheme or which is not specifically authorised by us and that upon termination of the Agreement you will return or destroy any such information on our request.