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Terms and Conditions

To register to use this website please submit your company details on the Register page.  Then print out and sign 2 copies of this Operating License Agreement. Post them to us at the address below and we will countersign them both and send one back to you by return. 

Alternatively, you can request the License to be posted to you for your signature and return one copy to us.

icom, Print4Safety Team, 8 Ash Tree Court, Woodsy Close, Cardiff Gate Business Park, Cardiff CF23 8RW

OPERATING LICENSE AGREEMENT - Print4Safety Safety Instructions 

THIS LEGAL AGREEMENT is made between

“The Supplier” icom Works Ltd, whose registered address is at 8 Ash Tree Court, Woodsy Close, Cardiff Gate Business Park, Cardiff CF23 8RW trading as Print4Safety
(Company No. 03419460).

And

“The Licensee”, as detailed in the completed, dated and duly authorised signed order form.

This agreement is made on the date the Supplier activates the Licensees’ password.

Whereas: -

The Supplier trading as Print4Safety is a print management company that enables Licensee to be provided with generic safety instructions in a PDF format and any associated products.

The Licensee agrees to be bound by the terms and conditions of this Agreement that are also
displayed on the Print4Safety website.


IT IS AGREED AS FOLLOWS: -
1 DEFINITIONS AND INTERPRETATIONS

1.1 In this agreement:
“Commencement Date” the date the Supplier activates the Licensee’s password
“ConfidentialInformation" means any information and/or material relating to the business, affairs, finances, systems, processes and/or methods of operation of either Party (other than Customer Data) which is disclosed by one Party to the other in connection with the operation of this Agreement (whether oral or in writing and whether or not such information is expressly stated to be confidential or marked as such);
“Customer” means those individuals/companies hiring equipment from the Licensee
“Hard Copy” means safety instructions printed on paper
“Intellectual Property Rights” means all current and future worldwide patents, patent applications, copyrights, trade secrets, trademarks, service marks, trade names, and all other intellectual property rights and proprietary rights
“Intermediate Review” means a review of the number of licensed outlets made between the License Renewal dates “Licensee” means as detailed in the completed, dated and duly authorised signed Operating License Agreement
“Licence Fee” means the fee for the licence, renewable on an annual basis, this charge may be varied by the Supplier at the point of Licence Renewal
“License Renewal” means the point at which the licence period expires
“New Release” means new or updated Safety Instructions, or other associated products, that the Supplier may periodically provide to the Licensee through either the website or via e-mail
“Order Form” means the customer form completed, signed and dated by the applying Licensee and returned to the Supplier
“Outlet” means a point of hire owned, or operated by, the Licensee
“PDF” means the format in which the Supplier makes the generic Safety Instructions available to the Licensee
“Print4Safety” Means the trading name and brand name owned by icom Works Ltd
“Safety Instructions” means the Safety Instructions provided by the Supplier that are available to the Licensee to print either from the website or where applicable from a Safety Instruction CD provided by the Supplier
“Supplier” means icom Works Limited trading as Print4Safety are we ‘trading as’ because invoices etc will say icom?
“Third Party” means any person not directly employed by either icom Works Limited or the Licensee
“Unique” means a specific Safety Instruction that the Licensee has requested the Supplier to create and provide for the Licensees’ use only, and for which the Licensee pays all associated creative and technical costs
“www.print4safety.co.uk” means the web site owned and hosted by icom Works Ltd
1.2 In this Agreement, unless otherwise specified:
1.2.1 references to Clauses, Sub-clauses, Paragraphs or Schedules are references to clauses and sub-clauses, paragraphs of and schedules to this Agreement;
1.2.2 any reference to this Agreement includes the Schedules;
1.2.3 references to a "company" shall be construed so as to include any company, corporation or other body corporate, wherever and however incorporated or established;
1.2.4 references to a "person" shall be construed so as to include any individual, firm, company, government, state or agency of a state, local or municipal authority or government body or any joint venture, association or partnership (whether or not having separate legal personality);
1.2.5 any reference to a "day" (including within the phrase "Business Day") shall mean a period of 24 hours running from midnight to midnight;
1.2.6 a reference to any statute or statutory provision shall be construed as a reference to that statute or provision as amended, modified, re-enacted or extended from time to time; and
1.2.7 any word imputing any gender shall include the other gender and neuter and the singular form shall include the plural and vice versa unless the context otherwise requires.
1.3 The headings in this Agreement are for ease of reference only and shall not affect the construction of this Agreement.

2 TERM 
This Agreement is effective from the Commencement Date and shall continue thereafter for 12 months subject to earlier termination in accordance with Sub-clauses 4.6, 6.11 & 6.13

3 GRANT OF RIGHTS
3.1 The rights granted to the Licensee under this license, issued by the Supplier, authorise the Licensee to provide Safety Instructions in Hard Copy format to their Customers from licensed Outlets only. The Licensee is also authorised to use, within their licensed Outlets, any other products that are made available on the website by the Supplier.
3.2 Where if the Supplier issues the Safety Instructions to the Licensee in CD format for download to the Licensees’ central server the Licensee is authorised to make a reasonable number of copies of the PDF’s solely for back-up purposes. These must be stored securely on the Licensees’ server only.
3.3 The Licensee acknowledges that the Safety Instructions and associated documentation are licensed and not sold. Subject to the terms and conditions of this licence, also displayed on the website, the Supplier grants to the Licensee a limited, non-transferable, non-sublicenseable, non-exclusive license for the period of the license.
3.4 Prior to the commencement of the contract, the Licensee will provide the Supplier with a full and comprehensive up-to-date list of all Outlets that will be issuing Safety Instruction leaflets. These Outlets will become licensed upon payment of the License Fee.
3.5 The Licensee will notify the Supplier in accordance with clause 12 of any increase in the number of Outlets operating by the Licensee from the commencement date.
3.6 This agreement shall continue until terminated by either the Supplier, as in clause 6.11, 6.13 or the Licensee as in clause 4.6.

4 LICENSE RENEWAL
4.1 The Operating License is provided on an annual renewal basis with first payment due prior to commencement of the contract, and every twelve months thereafter.
4.2 Annual reviews at the point of License Renewal will be made regarding the number of licensed Outlets and the renewal cost. This is to take into account business fluctuations and the number of Outlets requiring licensing. The Licensee will provide the Supplier with a full and comprehensive up-to-date list of all Outlets that will be issuing Safety Instruction leaflets. These Outlets will become licensed upon payment of the agreed Fee.The License Fee may be varied by the Supplier at the point of License Renewal at their discretion.
4.3 An Intermediate Review will take place should the Licensees’ number of Outlets increase during a licensing period. The Supplier shall, at their discretion, invoice the Licensee for these additional Outlet licenses in proportion to the remaining period of the annual license period.
4.4 At License Renewal, the Licensee will provide the Supplier with a full and comprehensive up-to-date list of all Outlets that will be issuing Safety Instruction leaflets. The Supplier shall, at their discretion, invoice the Licensee for these additional Outlet licenses in proportion to the remaining period of the annual license period.
4.5 License fees are non-refundable should the License be terminated, by either the Supplier, as in clause 6.11, 6.13, or the Licensee as in clause 4.6, part way through a licence period in respect of which a licence fee has been paid.
4.6 Should the Operating Licence expire, and no renewal payment be received, the Licensee agrees that they must cease immediately the issue of all Safety Instructions provided to them by the Supplier. The continued issue of Safety Instructions beyond the License Renewal date without a valid Operating Licence will be determined as breach of copyright.

5 CONFIDENTIALITY
5.1 The parties undertake to each other that they will not either during or after termination of this Agreement disclose to any third party any information regarding the terms of this Agreement or its operation which is of a confidential nature unless required to do so by law.
5.2 Clause 5.1 shall not preclude the disclosure of information by either party:
5.2.1 to one or more of their holding companies; or
5.2.2 to their auditors or legal advisers; or
5.2.3 to any statutory or regulatory body where such disclosure is required by any law or regulation having the force of law; or
5.2.4 when required by law; or
5.2.5 with the other party’s written consent; or
5.2.6 which is in or enters the public domain through no act or default of the other party
PROVIDED THAT in all cases each party shall use all reasonable endeavors to ensure such matters as are disclosed are kept confidential by the recipients of the information.

6 TERMS & CONDITIONS: WEB SITE / SAFETY INSTRUCTIONS 
6.1 Statement Print4Safety is a brand name owned by icom Works Limited.
6.2 Contract Terms By either using the Print4Safety website or where the Supplier has provided Safety Instructions on CD the user agrees to be bound by these Terms and Conditions.
6.3 Personal Information We will not use or pass on any of your personal details that you have registered or disclosed to us in the process of dealing with the Print4Safety Safety Instruction website or CD download options.
6.4 Safety Instructions Where the Supplier provides the Licensee with Safety Instructions on CD, they must be downloaded to, and printed from, the Licensees’ central server only. The Supplier may periodically provide the Licensee with a New Release by e-mail. The Licensee must ensure that the New Release notice immediately upon receipt replaces the existing PDF. The responsibility of conforming to this is with the Licensee and the Supplier does not accept responsibility once the New Release notice has been received
6.5 Associated Websites This website may contain links to industry related websites. icom Works Ltd cannot be held responsible for the privacy practises of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website. This privacy statement solely applies to information on this website. The terms of this privacy statement may change from time to time, so please check this statement regularly to keep up to date on our practises.
6.6 Security – Encrypted Data and Secure Sockets Layer SSL stands for Secure Sockets Layer. It allows a web server and your browser to establish an encrypted connection. When you see https:// in a pages web address, and the padlock icon in the lower left or right corner of your browser window, it means the information sent between your browser and the web server is encrypted.
6.7 Copyright All content of this website, including intellectual property rights, remains the copyright of icom Works Limited. No part of it may be reproduced without our written consent. The user shall not modify Safety Instructions, in PDF, Hard Copy, or any other format in any way. The user shall not remove, alter, cover or hide any logo’s, trademarks, brand names or any other proprietary marks, or any part of the Safety Instruction content.The user shall not interfere with the website programming in any way.The user shall not store electronic copies of Safety Instructions unless authorised to do so.
6.8 Unauthorised Use The user shall promptly inform icom Works Limited of any unauthorised use, disclosure, reproduction, or distribution of the Safety Instructions in PDF, Hard Copy or any other format, which comes to the users attention, or which the user reasonably suspects. The Licensee must not allow any onward transmission of the PDF’s not authorised under this agreement by the Supplier
6.9 Right of Access Access to and use of this website is granted solely by license, issued by icom Works Limited on an annual renewal basis.
6.10 Expiry of Licence Should a user license expire and not be renewed the Licensee must immediately dispose of all hard copies and any copies held in electronic format. Continued issuing or use of the content of the website, or Safety Instruction CD, in any format, after a license has been terminated, will be determined as breach of copyright.
6.11 Termination of Right of Access Should the user be in breach of any of the terms stated within the Operating License Agreement, the license will be terminated and access to the Print4Safety website denied. Licensees’ issued with a CD must return the CD immediately and permanently delete all back-up copies and hard copies printed from it. License fees are non-refundable should the license be terminated part way through a licence period in respect of which a licence fee has been paid. Continued issuing or use of the content of the website or CD in any format, after a license has been terminated, will be determined as breach of copyright.In addition to clause 4.6 all copies of PDF’s that have been stored to the Licensee’s server must be deleted. If other products are supplied to the Licensee by the supplier, and these goods are not paid for within the period specified in the Suppliers Terms and Conditions, the Supplier reserves the right to deactivate the Licensees’ website password. This will deny access to the Print4Safety website until the outstanding payment is received. No refund will be issued for such a period of de-activation.
6.12 Requirements Where provided the Licensee must display a ‘Registered User’ decal, provided by the Supplier, in the window of each registered Outlet. The Licensee must only issue first generation copies of the Safety Instructions.
6.13 Passwords Passwords are issued to users and activated by the Supplier upon payment of the appropriate license fee and are non-transferable. Should a user allow their password to be used to gain unauthorised access to the website they will be in breach of license and their license shall be terminated.If an employee with access to password details leaves the Licensees employ, the Licensee must change the password immediately to prevent unauthorised use.
6.14 Complaints While we endeavour to ensure that all users of this website receive a high level of service we appreciate that on occasion users may wish to offer constructive comment. In such circumstances, the user should contact the Print4Safety team either by telephone, e-mail, or post.
6.15 Liability All content of this website has been confirmed as virus-free. Users should however ensure that they have adequate and up-to-date anti-virus protection when accessing the internet.
6.16 icom Works Ltd will not be liable for: (a) any indirect or consequential losses that may be incurred by you. This shall include any profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you.(b) any loss or damage which may be incurred by you as a result of the deletion or corruption of any data, software or hardwareWe cannot guarantee continuous access to our services and operation of the site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. Under such circumstances, no refunds for periods of loss of access will be made.
6.17 Content The Safety Instructions held on the website and supplied on CD are generic Safety Instructions. Due to variations between different manufacturers equipment, users are responsible for ensuring that the Safety Instructions they issue are suitable for the equipment being issued. These Safety Instructions should not be confused with operating instructions, which should be obtained from the individual equipment manufacturers. If you are unsure about any part of the equipment operating procedure, you should refer to the operating instructions.

7 DATA PROTECTION
icom Works Limited is registered on the Data Protection Register, No Z566699X.

8 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
8.1 Copyright of all Safety Instructions, images, trademarks, text, and general website content remains with the Supplier. The following exception only will apply however. If the Licensee requests a Unique Safety Instruction to be created, and, subject to agreement from the Supplier, pays for the full technical writing, design, and associated costs of that instruction, then it’s copyright shall remain with the Licensee. The Supplier will not offer or make this Unique Safety Instruction available to any other user. As such, the issue of this specific Safety Instruction will not be dependent upon having a valid Operating Licence.
8.2 The Licensee shall not modify Safety Instructions, in PDF, Hard Copy, or any other format. The Licensee shall not remove, alter, cover or hide any logo’s, trademarks, brand names or any other proprietary marks, or any part of the Safety Instruction content.
8.3 Any breach of points 8.1 and 8.2 would be treated as breach of copyright, and render the indemnity insurance invalid.
8.4 Intellectual property rights remain with the Supplier.
8.5 The Licensee shall promptly inform the Supplier of any unauthorised use, disclosure, reproduction, or distribution of the Safety Instructions in PDF, Hard Copy or any other format, which comes to the Licensee’s attention, or which the Licensee reasonably suspects.

9 OBLIGATIONS OF LICENSEE
9.1 Safety Instructions must only be printed by the Licensee directly from the Print4Safety website. Where a Licensee has been issued with a CD the Safety Instructions must be printed from the Licensees’ central server as in clause 6.4.
9.2 The Licensee must only issue first generation copies of the Safety Instructions.
9.3 The Licensee must display a ‘Registered User’ decal, where provided by the Supplier, in the window of each registered Outlet.
9.4 The Licensee agrees to limit access to the website password to those who are authorised to use them and to prevent unauthorised disclosure by it’s agents, officers or employees and group members. This obligation shall survive the variation, renewal or termination of this licence.
9.5 If an employee of the Licensee who has authorisation to access the Print4Safety website leaves the employ of the Licensee, the Licensee must immediately change their security password. This is to ensure that there is no unauthorised use of the Print4Safety website. If an employee of the Licensee who has access to Safety Instructions loaded onto the Licensee’s central server leaves the employ of the Licensee, the Licensee must ensure that the employee does not take copies with them of the Safety Instructions in any format.

10 TERMINATION
10.1 The Supplier may terminate this license upon the breach by Licensee of any provision of this licence. Upon such termination by the Supplier all rights granted by the Supplier to the Licensee under this license shall immediately terminate. Upon such termination, the Licensee shall immediately cease using/issuing the Safety Instructions and dispose of any hard copies printed prior to the licence termination. All Safety Instructions held on the Licensees’ server in electronic format and back up copies must be removed from the Licensees’ computer systems and permanently deleted. The Licensee shall certify to the Supplier in writing that this has been done and that the issue of hard copies of the Safety Instructions from their Outlets has been discontinued.
10.2 If other products are supplied to the Licensee by the Supplier, and these goods are not paid for within the period specified in the Suppliers Terms and Conditions, the Supplier reserves the right to deactivate the Licensees website password. This will deny access to the Print4Safety website until the outstanding payment is cleared. No refund will be issued for such a period of deactivication.

11 LIABILITY
11.1 In the event of termination of the license, as in 10.1, neither party shall be liable to the other for compensation, reimbursement or damages because of the loss of prospective profits, anticipated sales, expenditures, inventory, investments, leases or commitments in connection with the business or goodwill of Licensee or the Supplier. Termination shall not however relieve a party of its obligations incurred prior to the effective date of termination of the license, including without limitation any payment obligation.
11.2 The Safety Instructions provided on the Print4Safety website and CD are generic Safety Instructions. Due to variations between different manufacturers equipment, the Licensee is responsible for ensuring that the Safety Instructions they issue are relevant and suitable to the equipment being issued. These Safety Instructions should not be confused with, or be a substitute for, manufacturers operating instructions. It is the Licensees responsibility to ensure that adequate documentation is issued at all times.

12 NOTICES
12.1 A notice under this Agreement shall only be effective if it is in writing.
12.2 Any notices or other document to be given under the terms of this Agreement may be delivered or sent by first class recorded delivery post or facsimile process:
12.2.1 in the case of icom Works Ltd, addressed to icom Works Ltd, 8 Ash Tree Court, Woodsy Close, Cardiff Gate Business Park, Cardiff CF23 8RW for the attention of the Company Secretary;
12.2.2 in the case of the Licensee, addressed to the address supplied on the Operating License Agreement;
or in each case to such other address or addresses as any Party may notify to the other in writing for this purpose.
12.3 Any notice or document shall be deemed to have been served:
12.3.1 if delivered, at the time of delivery; or
12.3.2 if posted, at 10.00 am on the second Business Day after it was put into the post; or
12.3.3 if sent by facsimile process, at the expiration of two hours after the time of transmission, if transmitted before 3.00 p.m. on any Business Day, and in any other case at 10.00 am on the Business Day following the date of transmission.

13 FORCE MAJEURE
13.1 If any Party (the "Restricted Party") is prevented or restricted from or interfered with in complying with any obligation under this Agreement by any acts, events, omissions, happenings or non-happenings beyond such party’s reasonable control whether as a result of fire, flood or other major disaster or otherwise (excluding, for the avoidance of doubt, any industrial action or dispute involving either party or their respective officers or employees) beyond its reasonable control (“Force Majeure Event”), upon giving prompt notice of the nature and extent of the circumstances in question to the other Party (the "Non-restricted Party") it shall be excused from performance to the extent of the prevention, restriction or interference.
13.2 The Restricted Party shall:
13.2.1 use its best endeavours to avoid or remove such causes of Force Majeure and will continue performance under this Agreement with the utmost despatch as soon as these causes are removed or diminished; and
13.2.2 implement any disaster recovery or business interruption plans required under this contract in circumstances where there is no such requirement, that have been agreed by the Parties in writing.
13.3 Notwithstanding the provisions of Sub-clause 13.2, if such non-performance continues for a continuous period in excess of 30 days, the Non-restricted Party will be entitled to give notice to the Restricted Party to terminate this Agreement. This notice to terminate must specify the termination date which must not be less than 30 clear days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, the Agreement will terminate on the termination date set out in the notice.

14 WAIVER
14.1 No delay or omission by any Party in exercising any right, power or remedy provided by law or under this Agreement shall:
14.1.1 affect that right, power or remedy; or
14.1.2 operate as a waiver of it.
14.2 The single or partial exercise of any right, power or remedy provided by law or under this Agreement shall not preclude any other or further exercise of it or the exercise of any other right, power or remedy.
14.3 The rights, powers and remedies provided in this Agreement are cumulative and not exclusive of any accrued rights, powers and remedies.

15 INVALIDITY AND SEVERABILITY
15.1 If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
15.1.1 the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement; or
15.1.2 the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.

16 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
16.1 Save as expressly provided in this Agreement, the parties do not intend that any term of this Agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a Party.

17 NO PARTNERSHIP
17.1 Nothing in this Agreement and no action taken by the parties under this Agreement shall constitute a partnership, association, joint venture or other co-operative entity between any of the parties.
17.2 The Parties agree that they will have the relationship of principal and agent and not that of employer and employee in relation to the matters that are the subject of this Agreement.

18 WHOLE AGREEMENT
18.1 The Parties acknowledge that this Agreement contains the whole agreement between the parties in relation to the subject matter of this Agreement and except to the extent repeated in this Agreement, this Agreement supersedes any prior agreement between the Parties whether written or oral.
18.2 Each Party acknowledges and agrees that, save as otherwise stated in the Agreement, it has not relied upon any representation, statement, warranty, undertaking, promise or assurance and neither Party shall be liable or have any remedy in respect of any misrepresentation or untrue statement, warranty, undertaking, promise or assurance unless and to the extent that a liability or remedy lies under the provisions of this Agreement.
18.3 Nothing in this Clause 18 is intended to limit or exclude any Party's liability for fraud.
18.4 Except as expressly provided for elsewhere in this Agreement, this Agreement may only be varied in writing signed by each of the Parties.

19 GOVERNING LAW
19.1 This License agreement will be interpreted and construed in accordance with the laws of England and Wales and the parties submit to the jurisdiction of English and Welsh courts.

I have read and fully accept the terms and conditions of this licence agreementand agree to be bound by them.

Name of Company / Business ..................................................................................

Signature of duly authorised signatory ......................................................................

Printed Name .........................................................................................................

Status: Director/Company Secretary/Authorised Signatory .............................................

Date ......................................................................................................................

Registered Company Address ....................................................................................

..............................................................................................................................

..............................................................................................................................

Signed for on behalf of icom Works Ltd .......................................................................

Printed Name ...........................................................................................................

Status: Director/Company Secretary/Authorised Signatory ..............................................

Date ........................................................................................................................