Client means the person named on the Order Sheet for whom the Supplier has agreed to provide the Specified Service in accordance with these Conditions, and shall include their respective successors in title to substantially the whole of their respective undertakings.
Contract means the contract for the provision of the Specified Goods and Service.
Document includes, in addition to a document in writing, any map, plan, graph, drawing or photograph, any film, negative, tape, or other device embodying visual images, and any disc, tape or other device embodying any data.
Input Material means any Documents or other materials, and any data or other information provided by the Client relating to the Specified Goods or Service.
Output Material means any documents or printed materials, and any data or other information.
Order Sheet means the sheet to which these Conditions are appended.
Specified Service means the Goods and Services to be provided by the Supplier for the Client and referred to in the Order Sheet.
Supplier means Ganda Media Limited, registered in England under number 6204624, and shall include its permitted assignees.
Supplier's Standard Charges means the charges shown in the Supplier's brochure or other published literature or electronic literature relating to the Specified Goods or Service.
The headings in these conditions are for convenience only and shall not affect their interpretation.
The Supplier agrees to design, print, insert and distribute the Promotion Materials ("the Services") for the Client as follows:
The property and any copyright or other intellectual property rights in:
Where a complaint may arise with any goods or service provided by the Supplier, the Client must notify the Supplier in writing within 7 days of receipt of the goods or service.
Although Ganda can provide you with a professional opinion, Ganda gives no guarantee or makes any representations as to the suitability of any completed work for a particular purpose, whether expressed or implied orally or in writing, except as expressly stated in these Terms and Conditions.
Except as may be implied by law, and except in the case of death or personal injury, in the event of any breach of these Terms and Conditions by us the remedies to you shall be limited to damages which shall in no circumstances exceed the price of the Goods that you have paid for. We shall under no circumstances be liable for any indirect, incidental or consequential damages.
Headings shall not affect the meaning or interpretation of this Contract.
If and insofar as any part or provision of these Conditions is or becomes void or unenforceable, it shall be deemed not to be or never to have been or formed a part of these Conditions and the remaining provisions of these Conditions shall continue in full force and effect.
The parties shall meet to discuss the void and unenforceable provisions and shall substitute therefore a lawful and enforceable provision which, so far as possible, results in the same economic effects.
Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its registered office or principal place of business, or such other address as may be relevant having been notified pursuant to this provision to the party giving the notice, and may be delivered personally or by facsimile or email transmission or first-class post.
A notice shall be deemed to have been served:
Delivery times shown in product descriptions or stated within a quotation are estimations only. Although Ganda tries its very best to ensure that any order is delivered on time, Ganda shall not be liable for any losses, costs, damages or expenses incurred by the Customer arising directly or indirectly out of any failure to meet any estimated delivery date.
Ganda will not be under any liability whatsoever in the event that they are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond their control.
Ganda will not take responsibility for delayed deliveries resulting from the Courier not following instructions regarding a delivery time or providing a delayed service. If Ganda provides and dispatches a product according to our own stated time frames, complaints arising from delayed deliveries will not be accepted.
Deliveries take place to an address previously specified by the customer upon making the order. Once the order has been placed this cannot be changed.
Only on an occasion where a delivery takes place exceeding the estimated timeframe by 14 working days, deemed as a reasonable period of time, will Ganda consider a reprint or refund for any order. Ganda solely reserves the right to make this decision on an individual basis.
Claims for loss or damage must be submitted within 48 hours of dispatch. Excess or short deliveries of up to 10% of the ordered quantity are to be accepted.
Due to the nature of the products that are sold, refunds for products that are already printed or in the printing process are not possible.
Artwork/design refunds are also not possible whatsoever as this is the labour fee we charge for the designer's work and/or time.
If a defect to any delivered goods occurs for which Ganda are responsible, Ganda reserves the right to offer a replacement or reprint. Only in the case of such reprint being unsuitable will Ganda offer a partial or full refund.
Ganda reserves the right to solely decide whether a product is of suitable quality. Ganda does not take responsibility for any product damage occurring from transit between our Store / Factory and our customer. All goods are handed over to our Couriers in high quality packaging and in a good condition. Once the goods are with our Couriers we are not responsible for any damages that may occur; it is the Customer's responsibility to take this up with the Courier.
Ganda will try their best to help you sort out any issues you may have; however, we strongly recommend that any Customer should not accept any goods in a damaged condition. In the case where the Customer's products are needed urgently, Ganda would recommend that the Customer sign the acceptance form as DAMAGED so that further claims may be made between themselves and the Courier.
If any part of an order is used or distributed by the Customer, Ganda reserves the right to deem the order as acceptable and therefore no reprint or refund will be authorised.
Ganda also reserves the right to collect the entire order of defected products from the Customer, should a reprint be authorised.
Ganda will not accept any defect to an order if the artwork does not meet their exact artwork specifications regarding colour mode, format, size, colour saturation and bleed. It is the customer's responsibility to check these details before placing the order, which can easily be found on our website or by contacting us.
If the defects that apply to the finished products are below or up to 10% of the total ordered quantity, Ganda reserves the right to deem this product to be of satisfactory quality and therefore this order is to be accepted.
In such a case of defect to delivered goods, Ganda must be informed within 7 working days upon the date of delivery. If a complaint is made outside of this time, Ganda reserves the right to offer no refund / reprint for this order. It is the sole responsibility of the Customer to ensure that Ganda is informed of any defect that they may find.
Ganda uses partially recycled and genuine FSC papers and card stocks for all of their products, as well as offering some 100% recycled products.
Within any of these products, the weight of the paper or card is calculated and stated as a certain GSM, for example 250gsm or 300gsm. This GSM is based on an average weight of the stock in grams over a size of 1 square metre, and does not reflect the thickness of the stock, as this can vary from piece to piece.
Ganda reserves the right for any paper or card to have a tolerance of +/- 10 of the stated GSM and still be classed as acceptable.
Whilst Ganda tries its best to keep continuity from order to order, it is natural for paper stocks to vary from one batch to another in both thickness and appearance. Although Ganda will ensure to its best ability that all paper or card products have the required GSM, allowing for the +/-10 tolerance, Ganda cannot guarantee that any paper or card stocks will have the same appearance or quality from one order to the next.
It is up to the Customer to check any artwork and content for a product to be ordered. Ganda does not accept any liability for errors within the artwork, as it is on the Customer's authority and approval that orders go to print.
Although Ganda can create print-ready proofs which are sent back for the Customer to confirm, it is solely their responsibility to check through these proofs for typing mistakes and errors, whether this is on artwork supplied by themselves or created by Ganda.
It is up to the Customer to ensure that any artwork meets Ganda's design specifications, which can be found via the website on every product page.
It is also the responsibility of the Customer to check through the appropriate invoice to ensure that they are getting the quantity and the correct goods that they require. Ganda does not accept liability for any losses, costs or expenses incurred by the Customer not checking and approving the invoices correctly.
All reasonable efforts shall be made to obtain the best possible colour reproduction on any order but variation is inherent in the print process, and it is understood and accepted as reasonable that Ganda shall not be required to guarantee an exact match in colour or texture by materials supplied by the customer.
With any printed material, slight differences from the original, including screen proofs sent by Ganda or any previous orders, cannot be rejected. Ganda reserves the right to solely decide if these deviations are acceptable.
Ganda requires full payment of any order before proceeding to print, unless otherwise agreed in writing.
At present, Ganda accepts payment by cash, card payment, internet card payment, cheque made payable to Ganda Media Ltd, or direct payment into their bank account.
Please contact [email protected] for more details.
Ganda reserves the right to make a charge for certain payment methods. For any of these methods, Ganda will require the total amount to be cleared into our account before going ahead with the order unless otherwise agreed in writing. There will be no delivery of goods until cleared funds are received.
Ganda Media Ltd.
Unit 7 Fairway Business Centre
Westergate Road
Brighton BN2 4JZ
The initial term of this agreement shall begin on the date that the subscriber places an order and that order is processed by Ganda Media, and will continue for the number of calendar months specified in the order.
Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms, each the same as the initial term, unless Ganda Media or the Subscriber provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable.
The Terms of Service and the relationship between you and Ganda Media shall be governed by the laws of the United Kingdom and the European Union, without regard to its conflict of law provisions. You and Ganda Media agree to submit to the personal and exclusive jurisdiction of the courts located in the United Kingdom.
In order to use Ganda Media services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and data within your account.
Deployed servers include a set amount of data transfer, based on a generous 750GB of outbound transfer per month, per GB RAM allocated to your server. Maximum / Peak usage is 3Mbps per GB RAM allocated to your server.
For example, a server with 10GB RAM allocated is permitted a maximum of 30Mbps outbound transit at 95th percentile or 10TB outbound transfer, whichever limit is reached first.
Subscribers exceeding these guidelines will have their uplinks throttled to the guideline limit without notice, may be subject to overages if usage is significant, and will have the option to upgrade or purchase dedicated transit.
Ganda Media has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply, this means that Subscribers to Ganda Media may not use or permit others to use our network to transact in spam messages.
Subscribers to Ganda Media may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Ganda Media's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Ganda Media will initiate an immediate investigation within 12-24 hours of notification. During the investigation, Ganda Media may restrict Subscriber access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, Ganda Media may, at its sole discretion, restrict, suspend or terminate the customer's account. Further, Ganda Media reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Ganda Media will notify law enforcement officials if the violation is believed to be a criminal offence.
First violations of this policy may result in an administrative fee of £100 at the discretion of management and your account will be reviewed for possible immediate termination. A second violation will result in an administrative fee of £399 and immediate termination of your account. Subscribers who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.
Ganda Media reserves the right to charge up to a total of £1500 for spam related violations due to costs which may be enforced on us by data carriers or data centre administration fines.
As our resellers are ultimately responsible for the actions of their clients over the Ganda Media network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our Subscribers are solely responsible for the use of their hosting account at all times.
Prohibited content includes:
Ganda Media does not tolerate abusive, threatening or inappropriate behaviour towards its staff or agents. Your account can be suspended or terminated without warning for any such behaviour.
Subscriber agrees to indemnify and hold harmless Ganda Media, Ganda Media's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever, including reasonable legal fees, brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers' services in violation of applicable law or the AUP by Subscriber or any person using Subscriber's log on information, regardless of whether such person has been authorised to use the services by Subscriber.
Ganda Media Ltd. does not warrant or represent that the services will be uninterrupted, error-free, or completely secure.
To the extent permitted by applicable law, Ganda Media disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the extent permitted by applicable law, all services are provided on an "as is" basis.
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Ganda Media and any of its employees, agents or affiliates, under any theory of law, including breach of contract, tort, strict liability and infringement, shall be a payment of money not to exceed the amount payable by Customer for three months of service.
The Ganda Media terms specifically prohibit the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all account holder information, including assigned IP numbers, account history, account use, etc., to any member of UK Police who makes a written request, without further consent or notification to the Subscriber.
In addition, Ganda Media shall have the right to terminate all service set forth in this Agreement.
Ganda Media provides a 100% uptime guarantee on all Ganda Media hardware and on network connectivity.
In any given month, if your server is offline due to a Ganda Media unscheduled hardware failure, or an unscheduled failure of the Ganda Media network for more than 0.1% of the time (40 minutes), you may request a pro-rata credit for the downtime.
Specific exclusions exist where the Ganda Media network is working normally, but upstream issues, such as a datacentre or carrier failure or DDOS, are impacting customer routes to the cloud.
Ganda Media provides comprehensive technical support to all subscribers via email or via phone during office hours. Some general guidelines and terms are:
You agree that Ganda Media may provide you with notices, including those relating to changes to the Terms of Service, by email and/or postings on Ganda Media systems and services.
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