1.1 The following terms and conditions set out the basis on which Image Heroes Ltd, (“We”, “Us”, “Our”), is prepared to supply image manipulation and other graphics manipulation services as advertised from time to time, (“the Services”), to the purchaser, (“You”, “Your”), via Our website at www.imageheroes.com (“the Site”).
1.2 We reserve the right to amend these terms and conditions at our discretion from time to time. Any such amendments shall come into force 30 days after they have first been posted on the Site.
1.3 These terms and conditions and the contents of any Order submitted by You comprise the whole agreement between You and Us in relation to each Order that We accept from You to the exclusion of all other terms.
1.4 By browsing the Site, creating an account or submitting an Order You agree to be bound by these terms and conditions.
1.5 By submitting any Order You acknowledge that You have not relied on any statement, warranty or representation other than those which are made in these terms and conditions.
1.6 We do our best to ensure all information on the Site is accurate but We reserve the right to update and change the contents of the Site at any time. All information on the Site is provided “as is” and you should independently verify any information before relying upon it.
2. THE SERVICE
2.1 In consideration of Your payment of the price for the Services, We shall provide the Service in accordance with the following scheme:
2.1.1 using the tools made available to You on the Site, (the use of which is entirely at your own risk), You shall submit to Us an image or graphics file or files, in a supported format as published on the Site, and submit a detailed description of the specific Services required together with any special instructions using the JOB TICKET facility on the Site. The submitted files and the contents of Your submitted JOB TICKET shall together constitute Your order, (“the Order”);
2.1.2 upon receipt of each Order we shall check its contents for compliance with our published standards and Our capacity to fulfil it. We shall then notify You by email to confirm acceptance of the Order and, where appropriate, to confirm with You the agreed price payable and the applicable payment terms;
2.1.3 upon acceptance of the Order We shall use all reasonable commercial endeavours using industry standard graphics manipulation tools to carry out the Services specified in the Order;
2.1.4 We shall notify You by email when Your Order has been completed and the results are available for download from the Site;
2.1.5 unless payment has been made in advance by credit or debit card or on collection of the results We shall be entitled to invoice You for the price payable for the Order upon delivery of the clipping path(s), and You shall pay the price in full, within  days of the date on the invoice or in accordance with the payment terms agreed with You at the time the Order was accepted.
2.2 Each Order submitted by You shall be subject to acceptance by Us and such acceptance may be withheld at Our absolute discretion.
2.3 You may cancel any Order prior to notification of its acceptance by Us and We shall immediately refund any advance payment You have made in respect of that Order. However, You may not cancel any Order after notification of acceptance by Us as the provision of the Service in respect of that Order will have commenced.
2.4 Delivery times shown on the Site or specified in Our acceptance of any Order are estimates only. We shall not be liable for delays in delivery of the Service caused by matters outside Our control.
2.5 All standard prices listed on the Site are subject to change without prior notice to reflect any increase in the cost to Us. We shall use reasonable endeavours to draw your attention to any such increase in price before acceptance of Your next Order.
2.6 We aim to protect legitimate credit card owners from fraud and therefore will report to the relevant authorities any person using or attempting to use a card without apparent authority.
3. WARRANTY AND LIABILITY
3.1 You warrant that all details You provide to Us for the purpose of purchasing the Service are correct, that the credit or debit card, or any electronic cash, which You may use in payment for any Order is Your own and that there are sufficient funds or credit facilities to cover the cost of the Services. We reserve the right to obtain validation of Your credit or debit card details before providing You with the Service.
3.2 We warrant that the results of each Service that We generate for You pursuant to these terms and conditions shall comply in all material respects with the Order or Our interpretation of the Order if the order is not technically specific. If any such results are demonstrated to our reasonable satisfaction to be defective We will repeat the relevant Services and generate and deliver to You results that comply in all material respects with the Order or Our interpretation of the Order if the order is not technically specific at no extra charge. This remedy is Your sole remedy for breach of the warranty set out above and is offered subject to the defect having been caused by Our default. We accept no liability for any defect in the Order or any defect which has otherwise been caused by Our reliance upon Your instructions.
3.3 Any claim based on any defect in the quality of any Services supplied pursuant to these terms and conditions must be notified to Us within 10 days of its delivery after which You will be deemed to have accepted the Services as having been delivered in accordance with the Order.
3.4 We will use all reasonable endeavours to ensure that the Site remains available at all times. However, We cannot guarantee that the Site will operate continuously or will be error free. We therefore cannot accept any liability for any failure or non-availability of the Site.
3.5 We shall not be liable to You for any damage to or loss of any data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
3.6 Our maximum aggregate liability to You in relation to any Order shall in no circumstances exceed the price payable to Us in relation to that Order. Nothing in these terms and conditions shall be construed as excluding or limiting Our liability for death or personal injury caused by negligence or liability for fraud.
4. INTELLECTUAL PROPERTY
4.1 You warrant and represent that You are authorised to submit Orders to Us together with all the graphics files contained therein. You agree to indemnify Us and hold Us harmless against all loss, damage, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature arising out of or in connection with any claim that the possession or use by Us of graphics files submitted by You as part of any Order infringe the proprietary rights of any third party.
4.2 The phrase IMAGE HEROES is a trade mark of Image Heroes Ltd and may not be used without Our prior written consent. All other trade marks used on the Site are the property of their respective proprietors.
5.1 We collect following personal data from You at registration of our site and when contacting Us via our site, over phone and email. Name, Job Title, Company Name, Email, Telephone, Address, VAT Number
5.2 We use information about you for following purposes:
* To process Orders that you have submitted to us
* To comply with our contractual obligations we have with you
* To provide customer care if you contact us with a query
* To handle accounts, process payments and keep track of billing and payments
* To help us identify you and any accounts you registered with us
* To help us to review and improve the website and services we provide
* To make sure what you have told us is correct
* To carry out marketing and statistical analysis
* To inform you about changes to our website and services
5.3 We share your name, address, company name, email and VAT number with following third parties for mentioned reasons
* Barclays Bank Plc (UK) => Invoice handling
* Xero (UK) => Internal Accounting
* Desk.com (Sales Force) => Customer support handling
5.4 You have the right to object to our use of your personal data, or ask us to delete, remove or stop using it if there is no need for us to keep it.
5.5 This is known as your right to be forgotten. There are legal and accountancy reasons why we will need to keep your data, but please do inform us if you think we are retaining or using your personal data incorrectly.
5.6 You must maintain the accuracy of your information and ensure all your details, including but not limited to, name, address, title, phone number and e-mail address kept up to date at all times. You must do this by updating your personal details within your Image Heroes account.
5.7 You have the right to access the information we hold about you. Please email your requests to firstname.lastname@example.org so that we can obtain this information for you.
5.8 Please note that You could be directed to another site while using the Site.
Such sites may send their own cookies to users and otherwise collect data or solicit personal information.
We are not responsible, and shall not be liable, for the privacy practices of linked sites or any use such sites may make of any information collected from You.
6.1 You acknowledge that You are responsible for the protection of your computer system, hardware, software and data and those of third parties who may access or otherwise be connected to your computer system. Consequently You accept responsibility for ensuring that all emails, programs or other data downloaded or otherwise received from the Site or Us are free from viruses, worms, Trojans and all other forms of malicious code before using the same.
6.2 We take reasonable, industry standard steps to ensure that unauthorised third parties do not access data transmitted electronically to Us or by Us via the Site. However We cannot guarantee that such access cannot happen. Consequently You accept the risk that data transmitted electronically by Us or to Us via the Site may be intercepted or accessed by third parties who are unauthorised by Us.
6.3 Any sensitive data are encrypted and protected.
6.4 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping the password confidential.
We ask you not to share a password with anyone.
In the event of a data breach, we shall ensure that our obligations under applicable data protection laws are complied with where necessary.
6.5 We use “cookies” to identify users of the Site and personalise their visit by customising web pages for them and for collecting user information to enable Us to provide the Service and fulfil our obligations to customers.
7.1 Each party agrees that they shall keep confidential all information of a confidential nature, (including trade secrets and information of commercial value), which may be disclosed to them by the other party pursuant to these terms and conditions, (“Confidential Information”), and agrees that they shall not, without the prior written consent of the disclosing party, use any Confidential Information for their own purposes or disclose it to any third party PROVIDED THAT the receiving party shall have no obligations under this Clause 7.1 to the extent that such information is public knowledge or is already known to the receiving party at the time of disclosure or subsequently becomes public knowledge other than by breach of these terms and conditions or subsequently comes lawfully into the possession of the receiving party from a third party.
8.1 We will not pass on any information relating to You to any other company without Your prior consent. We will use information collected from You for the purpose of fulfilling Your Orders.
8.2 You are not entitled to assign or transfer to any third party any of Your rights or obligations under these terms and conditions.
8.3 If any provision or any part of any provision in these terms and conditions is held by any court of competent jurisdiction to be illegal, invalid, void or unenforceable for any reason then that provision, or part provision, shall be treated as having been deleted. The remainder of these terms and conditions shall continue to apply.
8.4 Neither party shall be liable to the other for any failure to perform any of their obligations under these terms and conditions which is due to circumstances beyond their reasonable control.
8.5 No waiver by either party of any breach by the other party of any provision of these terms and conditions shall be deemed a waiver of any subsequent breach of the same or any other provision.
8.6 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
8.7 These terms and conditions shall be governed by the laws of England and You agree to submit to the non-exclusive jurisdiction of the courts of England.