Terms and Conditions

Client Responsibilities

Client responsibilities include (but are not limited to):

1. The Client shall deliver to DataCards Ltd (herein after, DataCards) all content and label files in a timely manner.

2. The Client shall deliver content and label files in a format as specified or agreed to by DataCards.

3. The Client shall be responsible for ensuring that all content delivered to DataCards is NOT copyright by another party. By providing content to DataCards, the Client specifically warrants that the material is free of copyright restrictions and absolves DataCards of any responsibility for content or label design later determined to be copyright material.

4. DataCards recommends that the Client review the content and label prior to production. Failure to do so in a timely manner shall explicitly constitute the Client's approval and full acceptance of suitability for production.

5. The Client agrees that DataCards has the exclusive right to make copies of DataCard mini-CDS produced by DataCards.

6. Do-It-Yourself (DIY) Clients are solely responsible for their use of the blank DataCard CD-Rs and blank label sheets.

7. The Client shall abide by the terms contained in Payment Responsibilities.

Payment Responsibilities

DataCards are consumable products which cannot be reused. Therefore:

1. Full payment is required at time of order. Orders are fulfilled in the order received and normally take a few days including courier – phone for a better estimate or to pre-schedule.

• Defaulted payments shall incur a monthly finance charge of 1½% per month, compounded monthly, on the unpaid balance including all reasonable collection charges.

2. Romalpa Clause: Ownership of DataCards and DataCard DIY supplies does not change hands until payment has been received in full.

DataCards Responsibilities

DataCards is a professional organisation. Therefore:

1. DataCards shall comply with all order direction provided by the Client.

2. DataCards shall create content and labels in a professional manner and test on a Windows computer.

Note: DataCards cannot test on Macintosh or Linux or other computer systems.

3. DataCards shall duplicate and verify each DataCard produced.

• DataCards reserves the right to add a text file to each DataCard produced (unless otherwise requested at the time of order).

4. DataCards shall provide blank DataCards and label sheets (DIY products) from its own production stock.

5. DataCards reserves the right to refuse any order for any reason.

Warranties

DataCards warranties are strictly limited to:

1. Content and Labels: DataCards warrants that it will use professional workmanship in developing content and labels. Once approved by the Client, DataCards' warranty is fulfilled.

2. Production: DataCards warrants that its computer systems are protected by current antivirus programmes. As a result, all files on its computer system should be virus free.

3. DataCards warrants that it writes and verifies each DataCard to be an exact copy.

4. DataCards warrants that all do-it-yourself materials provided are from production stock used to create DataCards. DataCards does NOT warrant Client use of manufacturers' products.

5. DataCards is specifically NOT liable for the effects of third party software (e.g., Microsoft's PowerPoint viewer, Macromedia's Flash viewer, any browser, etc.).

6. DataCards can NOT warrant suitability for the Clients' intended purposes and accepts NO responsibility for Clients' use of DataCards.