Terms and Conditions
1. About us
1.1 Company details. Mark Bloom Design Ltd T/A Mash Creative and CoType Foundry, a UK Private limited Company with company number:10755485. Our VAT number is 269 3221 93. We operate the website www.cotypefoundry.com.
1.2 Contacting us. To contact us call: 0788153 7175 or e-mail: firstname.lastname@example.org. How to give us formal notice of any matter under the Contract is set out in clause 18.2.
2. Our contract with you.
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services or Products by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language .
2.4 Your copy. You should print a copy of these Terms [or save them to your computer for future reference.]
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services or products specified in the order (Services/Products) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order [and any specification submitted by you] is complete and accurate.
3.3 If we cannot accept your order. If we are unable to supply you with the Services or Products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services/Products, we will refund you the full amount.
4. Your obligations
It is your responsibility to ensure that:
- the terms of your order are complete and accurate;
- you co-operate with us in all matters relating to the Services/Products;
- you provide us with such information and materials we may reasonably require in order to supply the Services/Products, and ensure that such information is complete and accurate in all material respects;
- you obtain and maintain all necessary licences, permissions and consents which may be required for the Services/Products before the date on which the Services/Products are to start;
5.1 The Charges are the prices quoted on our site at the time you submit your order.
5.2 If you wish to change the scope of the Services/Products after we accept your order, and we agree to such change, we will modify the Charges accordingly.
5.3 We take all reasonable care to ensure OR use our best efforts to ensure that the prices stated for the Services/Products are correct at the time when the relevant information was entered into the system.
5.4 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
5.5 It is always possible that, despite our reasonable efforts OR best efforts, some of the Services/Products on our site may be incorrectly priced. Where the correct price for the Services/Products is less than the price stated on our site, we will charge the lower amount and if OR If the correct price for the Services/Products is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services/Products at the correct price or cancelling your order. We will not process your order until we have your instructions . If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services/Products and refund you any sums you have paid.
6. How to pay
6.1 Payment for theServices/Products is in advance. We will take your payment upon acceptance of your order.
6.2 You can pay for the Services using a debit card or credit card.
6.3 All amounts due under the Contract must be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7. Intellectual property rights
7.1 CoType Foundry retain intellectual property rights, title and ownership of any of its electronic data provided by CoType Foundry . This title and ownership extends to copies of the data installed on any computer, downloaded to any output device, or retained on other media by you as a backup. This license does not constitute an exclusive sale of the original product to you. This Agreement does not grant you any right to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the electronic data.
7.2 No rights are granted to you other than a License to use the electronic data on the terms expressly set forth in this Agreement. The Licensee further acknowledges and agrees that the structure, organisation and code of the font software are valuable trade secrets and confidential information of CoType Foundry . The Font Software is protected by copyright including without limitation, by English and United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.
8. How we may use your personal information
8.1 We will use the personal information that you provide to us to fulfil a contract with you or supply the products to you; to process your payment for the products; and, if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
8.2 We may use your personal information to improve our products and services.
8.3 Additionally, we may use your personal information you enter for internal tracking and operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our website to ensure that content is presented in the most effective manner for you and for your computer; to allow you to participate in interactive features of our service, when you choose to do so; as part of our efforts to keep our site safe and secure; to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; to make suggestions and recommendations to you and other users of our website about goods or services that may interest you or them.
8.4 We may periodically send promotional emails about new products, special offers or other information, which we think you may find interesting using the email address, which you have provided.
8.5 In all instances, we will comply with our obligations under the UK Data Protection Act 2018 and the General Data Protection Regulation 2016 (the Law) and such other applicable data protection legislation, regulations and directives as are in force from time to time.
9. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
This clause sets out CoType Foundry entire liability to you for (a) a breach of this Agreement and (b) any statement, representation, tortious act or omission (including negligence) arising under this Agreement.
This includes CoType Foundry’s liability for acts or omissions of our employees, agents subcontractors or consultants.
Any and all other warranties, conditions or other terms implied by statue or common law are, as far as legally possible, excluded.
CoType Foundry shall not be liable for any loss of profits, goodwill, reputation, business, anticipated savings, contracts, goods, data (or corruption of that data) or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
CoType Foundry’s liability for all other claims which arise in connection with this Agreement shall be limited to the monies paid by you in the 12 months immediately preceding the date of the event giving rise to the claim.
Nothing in this section, or elsewhere in this Agreement, excludes or limits CoType Foundry’s liability for:
- death or personal injury resulting from negligence; or
- any damage or liability you incur as a result of fraud or fraudulent misrepresentation by CoType Foundry.
Without prejudice to any other rights or remedies which it may have, CoType Foundry may terminate this Agreement without liability to you immediately on giving written notice to you if:
- you commit any remediable material breach of its obligations under this Agreement which is not remedied within 30 days (or where the breach is in relation to a failure to pay any amount due, 7 days) after the service of written notice specifying the breach and requiring it to be remedied; or
- you commit any non-remediable material breach; or
- you become, in the reasonable opinion of CoType Foundry, unable to pay your debts.
On termination of this Agreement for any reason:
you shall immediately and irretrievably delete the Font Software (including your archival copies) from your systems; and any licence granted shall immediately terminate.
11. Events outside our control
CoType Foundry will not be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, fire, accident or impossibility of obtaining materials.
You may not assign, charge, sub-contract, sub-license (unless expressly permitted to do so in this Agreement) or otherwise dispose of any of its rights or obligations under this Agreement without CoType Foundry’s prior written consent.
If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it, and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.
Waiver of any right(s) at any time shall not constitute waiver of any right(s) at any future time.
15. Proper Law
This Agreement shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Any and all rights not expressly granted in this Agreement are reserved to CoType Foundry.
If you have any questions or concerns regarding our products, please email: email@example.com