ES Print Design Solutions, Halifax, West Yorkshire UK
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Disclaimer

The contents of esprintsolutions.com website are protected by copyright © 2011 The ES Print Solutions Ltd and/or its clients and suppliers. Reproduction of part or all of ES Print Solutions web site is prohibited other than in accordance with this notice. All rights are reserved.

Use of content
We grant you the non-exclusive right to use material from the ES Print Solutions web site provided that:- the material is copied solely for educational and personal use and will not be copied or posted on any network, computer, web site or publication or broadcast in any media or distributed by any means for any commercial purpose whatsoever; the material shall not be amended or modified in any way; and the copyright notice originally included in the material shall appear on all copies. Some parts of ES Print Solutions web site contain images that are the copyright material of our clients and/or suppliers.

Other web sites
We cannot accept responsibility for any other web site which you may access through ES Print Solutions web site. Such links are provided only for convenience and we cannot endorse or accept any responsibility for the contents or the use of any such web sites. We also disclaim any responsibility for any views, which may be expressed on the ES Print Solutions web site or on any web sites which may be linked to ES Print Solutions web site.

Disclaimer
We do our best to ensure that information on the imagination web site is correct but we do not accept any liability whatsoever for its content or for errors or omissions. We cannot guarantee that everything on ES Print Solutions web site is free from viruses or defects and assume no responsibility whatsoever for any damage to visitors' computers or any other equipment. Information on ES Print Solutions web site is provided "as is" without any warranties of any kind. To the fullest extent permitted by law, we and our suppliers exclude all warranties, including, without limitation, warranties of merchantability, non-infringement of third-party rights and fitness for a particular purpose. We and our suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the material, information, services, software, text, graphics or links. In no event will we be liable to any party for any damages whether direct, indirect, incidental, special, consequential or other for any use or inability to use ES Print Solutions web site or its contents, or of any hyperlinked web site, including, without limitation, any damages for lost profits, business interruption, loss of programs or other data, even if we are expressly advised of the possibility of such damages. Information on the imagination web site may contain technical inaccuracies or typographical errors. The information contained on ES Print Solutions web site may be changed at any time without prior notification to you.

English law
These terms and your use of the imagination web site shall be governed by and in accordance with English law. If any provision of these exclusions and disclaimers shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Disclaimers and Limitation of Liability
All content supplied by ES Print Solutions, including the client, the information, names, images, pictures, logos, icons and files and data regarding or relating to ES Print Solutions Ltd, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Under no circumstances will ES Print Solutions Ltd be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from electronic or digital applications, regardless of the form of action. (h) The contractor must declare a conflict of client interest (without limitation), with any work or files or submitted by ourselves on behalf of our clients and refrain from approaching ES Print Solutions clients either by direct or indirect either personal or electronic contact unless under the direction and written approval only of ES Print Solutions, under no circumstances whatsoever will the contractor liaise, approach, contact or negotiate directly with the client, unless agreed in writing by ES Print Solutions.

Intellectual Property
The names, images and logos identifying ES Print Solutions Ltd and our clients, and supplied by ES Print Solutions, or third parties and their products and services are subject to copyright, design rights and trade marks of ES Print Solutions Ltd, and their third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of ES Print Solutions Ltd, or any other third party.

General
If there is any conflict between these terms and specific terms appearing elsewhere in ES Print Solutions general terms and conditions, then the latter shall prevail. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the laws of England and Wales, European Law, and the laws and governance and statutes of the United States, Australia, South Africa and China (China limited by domain and province).

Data Protection
Each Party (The Contractor) warrants and undertakes that it (and its sub-contractors and agents if any) shall duly observe its obligations under the Data Protection Act 1998 ("DPA") and any superseding or amending legislation and all other current data protection legislation which is relevant to performance of its obligations under this Agreement. For the purposes of this the terms 'processing', 'personal data', 'data controller' and 'data processor' shall bear the same meanings as set out in the DPA. Any reference to the Customer Personal Data (as defined below) shall include any part thereof. ES Print Solutions Ltd acknowledges that it may process data from time to time which may relate to the Customer (including its personnel), and users and/or other third parties in the course of performing its obligations under this Agreement and providing the Services ("Customer Personal Data"). ES Print Solutions Ltd acknowledge that the Customer shall be the data controller and ES Print Solutions Ltd and its sub contractors shall be the data processor in respect of the processing of the Customer Data. This obligation requires: that Customer Personal Data shall only be used to fulfil ES Print Solutions Ltd's (and/or ES Print Solutions Limited's sub-contractors' and agents') obligations under this Agreement and shall be processed only in accordance with this Agreement or as otherwise instructed by the Customer and ES Print Solutions Ltd shall not disclose the Customer Personal Data to any unauthorised party whatsoever. For the avoidance of doubt, ES Print Solutions Ltd and its contractors, shall not use the Customer Data for any commercial or marketing purposes whatsoever; that ES Print Solutions Ltd (and ES Print Solutions Ltd's sub-contractors and/or agents, if any) keep the Customer Personal Data secure at all times and shall take such technical and organisational security measures against unauthorised and unlawful processing of, accidental loss of, destruction of or damage to the Customer Personal Data as may be required to ensure a level of security appropriate to the harm that might result from such processing, loss, destruction or damage and the nature of the Customer Personal Data to be protected; that the Customer Personal Data shall only be disclosed to those personnel, sub-contractors and agents that are reasonably required to have access to the Customer Personal Data pursuant to their respective obligations under this Agreement provided that ES Print Solutions Ltd shall appraise any such personnel, sub-contractor or agent of the terms of clause 6 (DPA) and ES Print Solutions Ltd shall be responsible for ensuring that any such employee, sub-contractor or agent complies with all relevant obligations contained in clause 6 (DPA) and all current data protection legislation; that ES Print Solutions Ltd shall not (and shall ensure that ES Print Solutions Ltd's sub-contractors and agents shall not) process the Customer Personal Data outside the European Economic Area without the express prior written consent of the Customer, and where the Customer consents to such processing to comply with any reasonable instructions notified by the Customer to ES Print Solutions Ltd including (without limitation and where the Customer requires) entering into (or procuring that its sub-contractors or agents enter into) such contractual provisions as the Customer may reasonably request so as to satisfy the Eighth Data Protection Principle as set out in the DPA; and that ES Print Solutions Ltd shall not (and shall procure that no sub-contractor or agent shall not) retain the Customer Personal Data or any copies or records thereof for longer than is reasonably necessary to perform ES Print Solutions Ltd obligations under this Agreement and shall if so required return the Customer Personal Data to the Customer upon termination or expiry of this Agreement. ES Print Solutions Ltd agree to provide (and shall procure that ES Print Solutions Ltd's sub-contractors or agents provide) the Customer with all reasonable cooperation and assistance in relation to any complaint or request received in relation to the Customer Personal Data, including (without limitation) notifying the Customer as soon as possible of any complaint or query received by ES Print Solutions Ltd relating to the Customer Personal Data.

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