Terms & Conditions

PART 1 – REGISTERED USER TERMS

1. Introduction

1.1. Welcome to Inkpact! We're a business-to-business service that brings the magic of personalised, handwritten communications to life.

1.2. A registered user is someone who's signed up to use our website at https://inkpact.com/, including our online platform (we'll call you a "Registered User"). Please take a moment to read these Registered User Terms before creating your account.

1.3. If you choose to create an account and become a registered user, the Registered User Terms (Part 1) apply to your registered status:

1.3.1. 'Sign-up and Go': If you are a registered user who uses our Services on a 'Sign-up and Go basis' (i.e. without a Customer Contract or Framework Agreement), Part 1 (Registered User Terms) and Part 2 (Website Terms and Conditions of Service) apply to you.
1.3.2. Customer Contract: If you are a registered user who has a separate Customer Contract for our Services, Part 1 (Registered User Terms) and the terms of your Customer Contract apply to you.
1.3.3. Framework Agreement: If you are a registered user who has a separate Framework Agreement for our Services, Part 1 (Registered User Terms) and the terms of your Framework Agreement apply to you.

1.4. Inkpact may amend the Registered User Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon our publication of such updated Registered User Terms.

1.5. The Registered User Terms will not apply to consumers and we do not knowingly contract with consumers on these Registered User Terms. In order to become a Registered User you must:

not be acting in your capacity as a consumer;
be an individual acting on behalf of a business and be of at least 18 years of age; and
provide accurate information at registration and in all future interactions with us.

1.6. Upon duly completing the relevant registration process and creating a username and password, you will be registered as a registered user of the Website.

1.7. Any personal data which is collected or stored by us shall be subject to our Privacy Policy which is incorporated into and forms part of these Registered User Terms.

2. Your Account

2.1. You are solely responsible for holding and managing your account, including protecting the identity of your password and maintaining proper control and supervision of your account.

2.2. If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.

2.3. If you know or suspect that anyone other than you knows your user identification code or password, you must immediately reset your username and/or password and notify us at: support@inkpact.com.

2.4. Your account is non-transferable and may not be sold, combined or otherwise shared with any other person.

2.5. The Website is our private property. All interactions with the Website must be lawful and in compliance with these Registered User Terms at any time.

2.6. You may not commit or attempt any fraud including deliberately submitting any inaccurate information or falsifying any information in connection with your use of the Website or your account.

2.7. If you breach these Registered User Terms or if we consider your conduct to be unacceptable in any way, we may in our sole discretion immediately limit your privileges or suspend or close your account.

2.8. If your account is closed you may not join under a new account or re-enrol unless we formally invite you to do so.

3. General

3.1. If we modify our Website in a way that will significantly affect your use of the Website or any of our Services, we will notify you through the email address registered to your account and/or by posting a notice of such change on our Website.

3.2. We may from time to time provide additional services which your user identification and password for the Website will allow you to access should you wish to do so.

3.3. These Registered User Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

PART 2 – WEBSITE TERMS AND CONDITIONS OF SERVICE

1. Introduction

1.1. Please be aware that these "Website Terms and Conditions of Service" only apply to registered users who do not have a separate 'Customer Contract' or 'Framework Agreement' with Inkpact (a "Sign-up and Go Customer").

1.2. Subject to clause 1.1, this Agreement applies where a Sign-up and Go Customer wishes to obtain and Inkpact wishes to provide the Services.

2. Interpretation

2.1 Key Definitions:

Campaign:: Unless otherwise agreed in writing by Inkpact, an order for the Services in relation to not less than 20 Note Cards.
Credits:: The credits purchased by the Sign-up and Go Customer which can be exchanged for Services by placing an order for a Campaign.
Note Card:: A handwritten personal communication.
Services:: The services to be provided by Inkpact in relation to a Campaign including those set out at clause 5.1.
Website:: Inkpact's website at www.inkpact.com.

For a complete list of definitions and interpretation rules, please refer to the full terms document.

3. Placing an Order

3.1. A Sign-up and Go Customer can submit an order for Services via the Website. Each order submitted must be in respect of a Campaign.

3.2. At the point of submitting an order for a Campaign, Inkpact will notify the Sign-up and Go Customer of the Charges. The Sign-up and Go Customer can then elect to:

Pay the Charges by cash, using a credit/debit card or any other current, valid and accepted method of payment; or
Allocate its pre-paid Credits in satisfaction of the Charges, provided sufficient Credits are available.

4. Credits

4.1. At the point of submitting an order to purchase Credits, Inkpact will notify the Sign-up and Go Customer of the Charges in respect of such Credits.

4.2. Where a Sign-up and Go Customer purchases Credits from Inkpact, Inkpact will allot such Credits to the Sign-up and Go Customer's account.

4.3. Unless Inkpact communicates a different time period, each Credit shall be valid for a period of three (3) months from the date which the Credit(s) are allotted ("Credit Cycle").

4.4. Credits are to be solely used for Campaigns ordered during the Credit Cycle and have no cash value or other value outside the Website and are not redeemable for cash.

4.5. Unused Credits expire at the end of each Credit Cycle, meaning that Credits which the Sign-up and Go Customer does not use during the Credit Cycle will not roll over into future months.

5. Inkpact's Responsibilities

5.1. Subject to the terms of this Agreement, Inkpact shall provide the following Services:

Allocate the Sign-up and Go Customer's account with any Credits it purchases;
Make its Website and platform available to allow the Sign-up and Go Customer to submit Campaign details;
Create the Note Cards requested in any Campaign(s) and deliver such Note Cards to the recipients;
Use reasonable endeavours to meet any performance dates specified;
Notify the Sign-up and Go Customer when all Note Cards have been dispatched; and
Comply with Applicable Laws in performing its obligations.

6. Customer's Obligations

6.1. The Sign-up and Go Customer will:

Ensure the address for all recipients will be in the UK, Isle of Man, Jersey or Guernsey (unless otherwise agreed);
Co-operate with Inkpact in all matters relating to the Campaign;
Provide all documents, data, and information requested by Inkpact in a timely manner;
Obtain and maintain all necessary licences and consents; and
Ensure that all recipient contact information provided to Inkpact is accurate and complete.

12. Data Protection

12.1. Both parties will comply with all applicable requirements of the Data Protection Legislation.

12.2. The parties acknowledge that for the purposes of the Data Protection Legislation, the Sign-up and Go Customer is the controller and Inkpact is the processor.

12.3. The scope and purpose of processing of personal data by Inkpact is limited to the processing required for its fulfilment of its obligations under this Agreement.

For complete data protection terms, including processing details, security measures, and international transfers, please refer to the full terms document and our Privacy Policy.

14. Limitation of Liability

14.1. Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:

Death or personal injury caused by negligence;
Fraud or fraudulent misrepresentation; and
Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.

14.2. Subject to clause 14.1, Inkpact's total liability to the Sign-up and Go Customer shall be limited to an aggregate amount equal to the Charges paid or payable by the Sign-up and Go Customer in respect of the Services for the Campaign in respect of which the breach occurred.

14.3. The following types of loss are wholly excluded:

Loss of profits;
Loss of sales or business;
Loss of agreements or contracts;
Loss of anticipated savings;
Loss of use or corruption of software, data or information;
Loss of or damage to goodwill;
Indirect or consequential loss.

Additional Terms

The full terms and conditions include additional important sections covering:

Non-solicitation (Clause 7)
Change Control (Clause 8)
Charges and Payments (Clause 9)
Intellectual Property Rights (Clause 10)
Publicity (Clause 11)
Confidentiality (Clause 13)
Termination (Clause 15)
Force Majeure (Clause 17)
Dispute Resolution (Clause 29)
Governing Law and Jurisdiction (Clauses 30-31)

Governing Law

30. This Agreement and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with the law of England and Wales.

31. Each party irrevocably agrees that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.

Questions About Our Terms?

If you have any questions about these terms and conditions, please don't hesitate to contact us.

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