Terms and Conditions

Authentic8 ID Solutions reserves the right to vary these terms and conditions from time to time. all reasonable endeavours will be used to ensure that out of date versions are removed from circulation and Authentic8 ID Solutions will rely on and will expect all customers to rely on the current terms and conditions which are always available for inspection on request and at www.Authentic8ID.com

1. Basis of the sale
   1. All orders are accepted subject to Authentic8 ID Solutions terms and conditions of sale set out below (“Terms and Conditions”) which apply to and govern all contracts quotations sales supplies and deliveries of goods materials services and other products (“Goods”) by Authentic8 ID Solutions or its group of companies from time to time to any individual firm company or other person (“Customer”) and of all or any other conditions warranties or terms otherwise implied or expressed.
   2. Following Authentic8 ID Solutions receipt of Customer’s order for Goods Authentic8 ID Solutions shall send an E-mail, of its acceptance of Customer’s order. All Accepted Orders will be governed solely by these Terms and Conditions. In the absence of an express agreement in writing no variation of these Terms and Conditions and no oral stipulations or representations shall be binding on Authentic8 ID Solutions unless expressly agreed in writing and signed by two directors of Authentic8 ID Solutions on its behalf.
   3. No Accepted Order may be cancelled by the Customer except with the agreement in writing of Authentic8 ID Solutions and on terms that the Customer shall indemnify Authentic8 ID Solutions in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Authentic8 ID Solutions as a result of cancellation.
2. Specifications
   1. In relation to each Accepted Order Authentic8 ID Solutions shall, within a reasonable period of time produce and deliver to Customer either a PDF proof. The Proof Approval Form shall be completed, signed and returned to Authentic8 ID Solutions with set up costs within a reasonable period of time to allow Authentic8 ID Solutions to produce and deliver the Goods within 15 workings days (cards and tags) or 25 working days for wristbands or phone stickers.
   2. Customer shall be solely responsible for ensuring the accuracy of the copy supplied for typesetting.
   3. Authentic8 ID Solutions shall use reasonable endeavours to ensure that all proofs are correct before they are delivered to Customer. Customer is solely responsible for reviewing all proofs for any errors in colours, print quality, data encoding and/or omissions and further Customer acknowledges that its signed Proof Approval Form constitutes Customer’s requirements in respect of the Goods in the Accepted Order.
3. Price of the goods
   1. All prices for the Goods shown are exclusive of VAT (which is added at checkout) and are valid for up to 30 days from the date notified to Customer after which time they may be altered by Authentic8 ID Solutions without notice to Customer.
   2. Except as otherwise expressly stated all prices are given by Authentic8 ID Solutions on an ex works basis, and where Authentic8 ID Solutions agrees to deliver the Goods otherwise than at Authentic8 ID Solutions premises, Customer shall be liable to pay Authentic8 ID Solutions charges for transport, packaging and insurance.
   3. Any amendments required by Customer following submission to Authentic8 ID Solutions of the signed Proof Approval Form are subject to an additional charge to that set out in the Order Confirmation Form.
4. Terms of payment
   1. Unless otherwise agreed in writing, all costs are due and payable on Authentic8 ID Solutions receipt of each Order.
   2. Customer shall pay the price of the Goods within 28 days of the date of Authentic8 ID Solutions invoice. Authentic8 ID Solutions shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of each Approved Order.
   3. Receipts for payment will be issued only upon request.
   4. If Customer fails to make any payment on the appropriate due date then, without limiting any other right or remedy available to Authentic8 ID Solutions, Authentic8 ID Solutions may:
      1. cancel the Accepted Order or suspend any further deliveries to Customer;
      2. appropriate any payment made by Customer to such of the Goods (or the goods supplied under any other contract between Customer and Authentic8 ID Solutions) as Authentic8 ID Solutions may think fit (notwithstanding any purported appropriation by Customer); and
      3. charge Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 5% per cent per annum above Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
5. Delivery
   1. Authentic8 ID Solutions shall make all reasonable efforts to deliver the Goods within a reasonable time of receipt of Customer’s signed Proof Approval Form and time shall not be of essence.
   2. Any dates quoted for delivery of the Goods are approximate only and Authentic8 ID Solutions shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Accepted Order unless previously agreed by Authentic8 ID Solutions in writing. The Goods may be delivered by Authentic8 ID Solutions in advance of the quoted delivery date on giving reasonable notice to the Customer.
   3. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Authentic8 ID Solutions to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by Customer in respect of any one or more instalments shall not entitle Customer to treat the Accepted Order as a whole as repudiated.
   4. If Authentic8 ID Solutions fails to deliver the Goods (or any instalment) for any reason other than any cause beyond Authentic8 ID Solutions reasonable control or Customer’s fault, and Authentic8 ID Solutions is accordingly liable to Customer, Authentic8 ID Solutions liability shall be limited to the excess (if any) of the cost to Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
   5. If Customer fails to take delivery of the Goods or fails to give Authentic8 ID Solutions adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond Customer’s reasonable control or by reason of Authentic8 ID Solutions fault) then, without limiting any other right or remedy available to Authentic8 ID Solutions, Authentic8 ID Solutions may:
      1. store the Goods until actual delivery and charge Customer for the reasonable costs (including insurance) of storage; or
      2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to Customer for the excess over the price under the Approved Order or charge Customer for any shortfall below the price under the Approved Order.
6. Risk and property
   1. Risk of damage to or loss of the Goods shall pass to Customer:
      1. in the case of Goods to be delivered at Authentic8 ID Solutions premises, at the time when Authentic8 ID Solutions notifies Customer that the Goods are available for collection; or
      2. in the case of Goods to be delivered otherwise than at Authentic8 ID Solutions premises, at the time of delivery or, if Customer wrongfully fails to take delivery of the Goods, the time when Authentic8 ID Solutions has tendered delivery of the Goods.
   2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms and Conditions the property in the Goods shall not pass to Customer until Authentic8 ID Solutions has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Authentic8 ID Solutions to Customer for which payment is then due.
   3. Until such time as the property in the Goods passes to Customer, Customer shall hold the Goods as Authentic8 ID Solutions fiduciary agent and bailee, and shall keep the Goods separate from those of Customer and third parties and properly stored, protected and identified as Authentic8 ID Solutions property, but Customer may resell or use the Goods in the ordinary course of its business.
   4. Until such time as the property in the Goods passes to Customer (and provided the Goods are still in existence and have not been resold), Authentic8 ID Solutions may at any time require Customer to deliver up the Goods to Authentic8 ID Solutions and, if Customer fails to do so forthwith, enter on any premises of Customer or any third party where the Goods are stored and repossess the Goods.
   5. Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Authentic8 ID Solutions, but if Customer does so all moneys owing by Customer to Authentic8 ID Solutions shall (without limiting any other right or remedy of Authentic8 ID Solutions) forthwith become due and payable.
7. Warranties and liability
   1. Subject to the following provisions Authentic8 ID Solutions warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 26 weeks from the date of their initial use or 26 weeks from delivery, whichever is the first to expire.
   2. The above warranty is given by Authentic8 ID Solutions subject to the following conditions:
      1. Authentic8 ID Solutions shall be under no liability where there is not an exact match in colour or texture between Customer’s original colour photograph or transparency and the Goods;
      2. Authentic8 ID Solutions shall be under no liability in respect of any defect in the Goods arising from any photographs, transparencies, drawings, designs or specifications supplied by Customer;
      3. Authentic8 ID Solutions shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Authentic8 ID Solutions instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Authentic8 ID Solutions approval;
      4. Authentic8 ID Solutions shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment; and
      5. the above warranty does not extend to parts or materials not manufactured by Authentic8 ID Solutions, in respect of which Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Authentic8 ID Solutions.
   3. Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
   4. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms and Conditions.
   5. A claim by Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by Customer) be notified to Authentic8 ID Solutions within three days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and Customer does not notify Authentic8 ID Solutions accordingly, Customer shall not be entitled to reject the Goods and Authentic8 ID Solutions shall have no liability for such defect or failure, and Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Approved Order.
   6. Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to Authentic8 ID Solutions in accordance with these Terms and Conditions, Authentic8 ID Solutions may replace the Goods (or the part in question) free of charge or, at Authentic8 ID Solutions sole discretion, refund to Customer the price of the Goods (or a proportionate part of the price), in which case Authentic8 ID Solutions shall have no further liability to Customer.
   7. Except in respect of death or personal injury caused by Authentic8 ID Solutions negligence, or liability for defective products under the Consumer Protection Act 1987, Authentic8 ID Solutions shall not be liable to Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Approved Order, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Authentic8 ID Solutions, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Approved Order or at all) or their use or resale by Customer, and the entire liability of Authentic8 ID Solutions under or in connection with the Approved Order shall not exceed the price of the Goods, except as expressly provided in these Terms and Conditions.
   8. Authentic8 ID Solutions shall not be liable to Customer or be deemed to be in breach of these terms and Conditions by reason of any delay in performing, or any failure to perform, any of Authentic8 ID Solutions obligations in relation to the Goods, if the delay or failure was due to any cause beyond Authentic8 ID Solutions reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond Authentic8 ID Solutions reasonable control:
      1. Act of God, explosion, flood, tempest, fire or accident;
      2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
      3. acts, restrictions, regulations, bye‑laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
      4. import or export regulations or embargoes;
      5. strikes, lock‑outs or other industrial actions or trade disputes (whether involving employees of Authentic8 ID Solutions or of a third party);
      6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
      7. power failure or breakdown in machinery.
8. Insolvency of Customer
   1. This clause 8 applies if:
      1. Customer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
      2. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of Customer; or
      3. Customer ceases, or threatens to cease, to carry on business; or
      4. Authentic8 ID Solutions reasonably apprehends that any of the events mentioned above is about to occur in relation to Customer and notifies Customer accordingly.
      5. If this clause applies then, without limiting any other right or remedy available to Authentic8 ID Solutions, Authentic8 ID Solutions may cancel the Approved Order or suspend any further deliveries under the Approved Order without any liability to Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
9. General
   1. Authentic8 ID Solutions shall not be required to produce any Goods which in its opinion is or may be:
      1. detrimental to Authentic8 ID Solutions business;
      2. of an illegal nature; or
      3. of a libellous nature.
   2. A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business.
   3. No waiver by Authentic8 ID Solutions of any breach of the Terms and Conditions by Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
   4. If any provision of these Terms and Conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
   5. These Terms and Conditions shall be governed by the laws of England, and Customer agrees to submit to the exclusive jurisdiction of the English courts.

USE OF WEBSITE

AGREEMENT BETWEEN USER AND Authentic8

The Authentic8 Web Site is comprised of various Web pages operated by Authentic8.

The Authentic8 Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Authentic8 Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Authentic8 reserves the right to change the terms, conditions, and notices under which the Authentic8 Web Site is offered, including but not limited to the charges associated with the use of the Authentic8 Web Site.

LINKS TO THIRD PARTY SITES

The Authentic8 Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Authentic8 and Authentic8 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Authentic8 is not responsible for webcasting or any other form of transmission received from any Linked Site. Authentic8 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Authentic8 of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Authentic8 Web Site, you warrant to Authentic8 that you will not use the Authentic8 Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Authentic8 Web Site in any manner which could damage, disable, overburden, or impair the Authentic8 Web Site or interfere with any other party's use and enjoyment of the Authentic8 Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Authentic8 Web Sites.

USE OF COMMUNICATION SERVICES

The Authentic8 Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
 

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
   
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
   
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
   
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
   
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
   
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
   
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
   
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
   
• Restrict or inhibit any other user from using and enjoying the Communication Services.
   
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
   
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
   
• Violate any applicable laws or regulations.