Terms & Conditions – Data Protection
TERMS & CONDITIONS – GDPR
Conditions of Sale
IMPORTANT
THESE CONDITIONS CONTAIN PROVISIONS WHICH DEFINE THE CONTRACTUAL OBLIGATIONS OF THE COMPANY AS TO PRICE AND PERFORMANCE (SEE IN PARTICULAR CONDITIONS 4 AND 11) AND WHICH LIMIT THE AUTHORITY OF EMPLOYEES OR AGENTS OF THE COMPANY TO MAKE STATEMENTS AND REPRESENTATIONS (SEE CONDITION 12). BY YOUR ACCEPTANCE OF THIS QUOTATION YOU ACCEPT THESE CONDITIONS AND SUCH DEFINED CONTRACTUAL OBLIGATIONS.
- DEFINITIONS
In these conditions “the Company” means Enveco Limited: “work” means work to be carried out or produced at the Customer request: “Customer” means the person who has requested the work to be carried out or produced.
2. GENERAL
(a) These conditions shall apply to all work for the Customer and no variation or abrogation of any kind whatsoever of the same shall be effective unless it is evidenced in writing and signed on behalf of the Company and such evidence contains a specific reference to these conditions being varied or abrogated.
(b) The giving by the Customer of any delivery instructions for work or any part thereof or the acceptance by the Customer of delivery of work of any part thereof or any conduct by the Customer in confirmation of the transaction set out on the face hereof shall constitute unqualified acceptance by the Customer of these conditions and any order placed by the Customer for work shall, not withstanding that it may be expressed to the subject to certain terms and conditions, be deemed to have been placed subject to these conditions and any acceptance by the Company of such an order shall be on and subject to these conditions.
(c) All specifications technical data and other information in the Company’s catalogues, trade literature and other published matter are of a generally informative nature only and none of them form part of or are intending to form part of any contract or give rise to any independent or collateral liability of whatsoever nature on the part of the company.
(d) The placing of an order for work following a quotation given by the Company shall not be binding on the Company unless and until accepted by the Company in writing.
(e) Subject and without prejudice to sub clause (b) hereof of the Company’s quotations are given on the basis that the terms quoted will remain open for the placing of orders (subject to acceptance by the Company as aforesaid) for 30 days from the date of the quotation, but the Company reserves the right to revise the price or the cost quoted without notice under condition 3(d) if any such event as is therein mentioned occurs which would, if taken into account resulting in an increase at the date of delivery of the work in the price of the work.
(f) No contract to which these conditions apply shall be a sale by sample unless the Company expressly agrees in writing.
(g) Where finished product is purchased by the Company to fulfil a customer’s order it shall be considered, as goods not covered by the company’s quality system.
3. PRICE
(a) Unless otherwise stated the price for the work in respect of contracts for delivery within the United Kingdom includes the cost of packaging and delivery to the purchaser and shall only be payable on a freely convertible currency.
(b) Should the date of the delivery be advanced at the customers request any overtime or other additional costs will be charged extras as part of the price.
(c) The Customer shall not be entitled to make any deduction from the price of work in respect of any set – off or counter claims whether arising out of this or any other contract and the provisions of Section 53(1)(a) Sales of Goods Act 1979 (remedy for breech of warranty) shall apply, nor shall the customer have any equitable rights of set-out.
(d) The price quoted is adjustable and in the event of any increase howsoever arising in the cost to the Company of producing and supplying the work price quoted shall be adjusted to compensate the Company in respect of such increased costs.
(e) The Company shall be entitled to bring an action for the price whether or not the property in the work has been passed.
(f) The Company shall be entitled to charge the amount of any purchase tax; value-added tax or other tax levied on work supplied whether or not included on the quotation or invoice.
(g) Work carried out in addition to that specified for, or contemplated by, the quotation whether experimentally or otherwise, at the Customers request will be added to and will form part of the price and will be charged for at the Company’s then current rate.
(h) Authors corrections, including alterations in style, and the cost of additional proofs necessitated by such corrections will be added to and will form part of the price and will be charged and paid for at the Company’s then current rate.
(i) Any storage charges incurred by the Company in relation to the agreed contract period shall be added to, and will form part of the price and the payable by the customer. Where are goods remain in storage after the contract period, they will be charged in full and storage will be charged thereafter until the goods are removed.
4. DELIVERY
(a) Any length of time indicated by the Company for delivery of work shall be calculated from the date on which the Company receives instructions and all necessary information to enable it to proceed on order previously accepted by it. The obligations of the Company as to any date for delivery of the work are defined by reference to the provisions of this condition, which shall be regarded as defining such primary obligations of the Company any length of time or any date named or accepted by the Company for delivery is not a condition, warranty or other term of the contract to which these conditions apply and delivery of work shall be accepted when tendered (provided it is tendered within usual business hours).
(b) In the event of carrying out of any work being hindered, impaired or ceasing for any reason whatsoever or if the Company has reason to believe that payment of the price for any work may be entitled (but such entitlement may not be exercised unreasonably) to cancel such contract.
(c) A contract for the printing of periodical publications may be terminated by either party upon the expiry of written notice given as follows:
Nature of Publication: Length of Notice (given at any time):
Weekly
Fortnightly 13 weeks
Monthly
Two Monthly
Quarterly 26 weeks
In such circumstances the company the Company shall be entitled to payment in respect of work delivered up to and including, the date of expiry of the written notice.
(d) Not withstanding the stipulated place of delivery, delivery of the goods to a carrier for the purpose of, or in connection with, transmission to the Customer shall be deemed for all purposes of the contract to which these conditions apply, to constitute delivery to the Customer and the Company’s obligations in respect thereof that satisfied. Section 32 (2)(3) Sale of Goods Act 1979 (delivery to a carrier) shall not apply.
(e) As to quantity, quotations are conditional upon a margin of 5 percent for work in one colour only and 10 percent for other work being allowed for overs or shortage, the same to be charged or deducted.
(f) Unless otherwise stated in writing, the contract to which these conditions applies severable (save that for the purposes of section 11(4) Sale of Goods Act 1979 (when conditions to be treated as warranty) alone it shall not be so treated) and the Company shall be entitled to make partial deliveries of work or deliveries of work by instalments and in such event the Company shall not be obliged to deliver the work rateably over the instalments. The obligations of the Company as to the quantity of work to be delivered shall relate to the totality of the instalments delivered and not to any one instalment.
5. PAYMENT
(a) Payment by the Customer of the price shall become due upon delivery of the work or upon notifications that the work has been completed whichever is the earlier and shall be made within 30 days thereof. Any settlement discount stated on an invoice of the company will be deemed to have been withdrawn if payment is not received by the Company within the stipulated discount period.
(b) Time for payment of the price shall be of the essence of the contract to which these conditions apply and, if the Customer shall fail to pay the price for the work when due in accordance with the provisions of this condition, the Company shall be entitled to interest on the outstanding amount of the price at the rate of 2 per cent above the base rate of Midland Bank PLC from time to time until the price is paid in full and in addition, but without prejudice to such right and all other rights and remedies, if the Customer shall fail to pay the price for the work when due in accordance with the provisions of this condition, the Company may treat such contract by the Customer to purchase the work as repudiated by the Customer.
(c) Without prejudice to any other rights and remedies (including statutory or other implied rights of lien), the Company shall in respect of all unpaid debts due from the Customer have a specific lien (including a right of sale) over the work and a general lien on all other goods or property as it thinks fit and to apply any proceeds towards such debts; the Company shall be under no duty of care towards the Company in exercising its rights of disposal.
(d) Penalty clauses for non performance are not accepted by the company.
6. PROPERTY IN GOODS
(a) So long as any money is owing to the Company from the Customer in respect of any goods delivered by the Company subject to these conditions, the legal titles to such goods shall remain with the Company until all such indebtedness has been discharged.
(b) Until such time as the goods are paid for, the Company may at any time require delivery of the goods up to the Company or to our order of which purpose we may enter the customer’s premises to recover the goods.
(c) The Customer shall be entitled to sell the goods delivered to the Customer in the normal course of business and the Customer shall hold the proceeds of sale thereof in a fiduciary capacity separate from all the monies until the customers indebtedness to the company in respect of the goods have been discharged.
(d) With regard to any of the goods that have been mentioned in (a), (b) or (c) hereof the customers authority to sell and/or convert goods and/or sell the converted goods shall be withdrawn at any time after the commencement of any act or proceeding involving the customers solvency of if the Company shall reasonably consider that our property in jeopardy, and all goods in which the Company have property shall be immediately delivered in the company and all proceeds of the sale received by the customer from sales made prior to the withdrawal of authority shall be paid by the Customer into a bank account separate from all other monies and shall be held in such account for the Company.
7. RISK
The risk is at the Customers risk from delivery of the work to the Customer or from the notification to the Customer that the work has been completed, whichever is the earlier ann section 20(2) Sale of Goods Act 1979 (risk prima facie passes with property) shall not apply.
8. ILLEGAL MATTER
(a) The company shall not be required to print the any matter which in its opinion is or maybe of any illegal or defamatory nature or which may give rise to any liability on its part.
(b) The customer shall keep the company and all in employees and again indemnified from and against all costs, claims, demands, expenses, fines, penalties and all liabilities whatsoever which may be made against the Company, its employees or agents or which the Company, its employees or agents may sustain, pay or incur arising out of or in connection with any illegal or defamatory matter printed for the Customer or any infringement of copyright, patent or design. This indemnity is given to the Company for itself and for its employees and agents and as agent for such employees and agents.
9. CUSTOMERS PROPERTY
(a) Unless otherwise agreed the Customers property and all material and property supplied to the Company by or on behalf of the Customer will be held, worked on, and carried at the Customer’s risk.
(b) The Customer shall indemnify the Company from and against all costs, claims, demands expenses and all liability whatsoever which may be made against the Company or which the Company may sustain, pay or incur arising out of the use by the Company of such property or materials unless arising wholly or directly out of the negligence of the Company.
10. MATERIALS SUPPLIED BY THE CUSTOMER
(a) The Company may reject any paper, plates or other materials supplied or specified by the customer, which appear to it to be unsuitable. Additional cost incurred if materials are so rejected or are found to be unsuitable production may be charged, will form part of the price.
(b) Quantities of material supplied must be adequate to cover normal spoilage.
(c) Where materials supplied by the Customer are purchased from a source other than a Company approved supplier, all subsequent finished product is considered as goods not covered by the Company’s quality system.
11. FAILURE TO SUPPLY OR SUPPLY OF WRONG OR DEFECTIVE WORK
(a) The Customer is relying in its own skill and judgement on relation to the work supplied irrespective of any knowledge it or its servants for agents may possess as to the purpose for which the work is supplied.
(b) The obligations of the Company to deliver the work and as to the quality, fitness and merchantability of the work are defined by reference to the provisions of this condition, which shall be regarded as defining such primary obligations of the Company. The obligations of the Company under the contract which these conditions apply are limited so that in the event of any failure to deliver the work or any defecting, failure of or unsuitability for any purpose of the work or any part thereof (whatever the degree of defect, failure or unsuitability) or in the event of any failure by the Company or its servants or agents, or to faulty design. Workmanship or materials or to any other cause whatsoever) the Company shall only be obliged at its option either to refund the contract price (if already paid) or to remedy the work and the Customer hereby waiver, and all conditions, warranties or other terms, whether expressed or implied, statutory or otherwise, inconsistent with the provisions of this condition are hereby expressly excluded.
(c) Not withstanding and in addition to the foregoing, in the event that proofs of work are submitted to the Customer any errors which appear in the proofs and which are not clearly corrected by the Customer and returned to the company in sufficient time for correction by the Company are the responsibility of the customer.
12. AUTHORITY TO MAKE STATEMENTS AND REPRESENTATIONS
No employee or agent of the Company has authority to make or give any statements, recommendations, information or advice (whether before or after the contract which these conditions apply is entered into) to the Customer or its servants or agents as to any matter relating to the work or to which these conditions apply.
13. INDEMNITY
The Customer shall keep the company indemnified from and against all costs, claims, demands, expenses, fines, penalties and all liability, whatsoever which may be made against the Company. Its employees or agents may sustain, pay or incur arising out of or in connection with the production, sale or use of the work provided that such indemnity will not cover claims for death or personal injury resulting from the Company’s negligence within the meaning of that expression as defined in Section 1 of the Unfair Contract Terms Act 1977. This indemnity is given to the Company for itself and for its employees and agents and as agent for such employees and agents. - BREACH AND CUSTOMERS INSOLVENCY
If the Customer shall default in or commit any breach of any of its obligations to the Company (whether or not such obligations are, or are expressed to be, Conditions, warranties or other terms) or if any distress or execution shall be levied upon the Customer or if the Customer shall enter into any negotiations for arrangement or composition with its creditors or commit any act of bankruptcy or if any petition in bankruptcy shall be presented against it or, if the Customer is a corporate body, any resolution is proposed or petition presented to wind up the Customer or if a receiver of the Customer’s assets or undertaking or any part thereof shall be appointed or if the Customer shall be deemed to be unable to pay its debts within the meaning of Section 223 of the Companies Act 1948 the Company shall be entitled to determine forthwith any contract then subsisting (whether or not these Conditions apply to such contract) without prejudice to any other claim or right the Company may exercise.
15. NOTICES
Any notice to be given by the Company shall be deemed to be given upon its being posted or sent by telex, cable or telegram to the Customer’s registered office or last known address or, in the case of an individual or firm, to its last known address.
16. ASSISGNMENT
The Customer shall not assign or transfer or purport to assign or transfer any contract to which these Conditions apply or the benefit thereof to any other person whatsoever.
17. PROPER LAW
All contracts to which these Conditions apply shall be governed by, and construed in accordance with, English law.
18. TIME OF THE ESSENCE
Time of the essence orders are NOT accepted by the Company. The Customer will be notified of this at the time of ordering.
GDPR – IMPORTANT! Please read.
Introduction
Enveco Ltd is committed to conducting its business in accordance with all applicable Data Protection laws and Regulation in line with the highest standards of ethical conduct.
Our policy sets out the behaviour expected by Enveco Ltd, its employees and third parties with regard to the collection, storage, use, disclosure and destruction of any personal information held or obtained by Enveco Ltd.
Personal data is any information which relates to information which may identify a person. Personal data is subject to certain legal safeguards and regulations which levy restrictions on how companies and organisations process personal data.
Companies and organisations that handle and process personal data making decisions about its use are known as data controllers. Enveco Ltd as a data controller is responsible for making sure it complies with its responsibilities. Non-compliance may expose Enveco Ltd to complaints, regulatory action, fines and loss of reputation.
Enveco Ltd takes its responsibilities with regard to data protection very seriously and expects all employees and third parties to share its commitment. Failure of compliance may result in disciplinary action or sanctions imposed on third parties.
Enveco Ltd promote a culture of leadership by example and to demonstrate its commitment this document has been approved and signed by its Chairman Mr Piyush Shah.
Mr Piyush Shah. Chairman.
Scope
This policy applies to all Enveco Ltd processes where Personal data is processed:
- In context of business activities of Enveco Ltd
- In respect of the provision of goods and services including any offered services or goods free of charge.
- To actively monitor the behaviour of individuals.
The policy applies to all processing of personal data in electronic form including email, and documentation created with a word processor and where files are held manually that allows easy access to information about individuals.
The policy has been designed to establish a baseline standard for the processing and protection of personal data by all Enveco Ltd’s employees and partners.
General Staff Guidelines
The only employees able to access data covered by this policy are those who need it for their work. Data should not be shared informally, when access to confidential information is required, the information is to be requested formally via the company’s data controller.
Enveco Ltd will provide training to all employees to ensure they understand their responsibilities and the company’s policies with regard to data handling. Employees should keep all data in their control secure, by taking appropriate precautions including, strong password protection which should never be shared. Personal data should never be shared or disclosed to unauthorised persons either within the company or externally.
Regular reviews of data held should be conducted and if data is declared out of date it should be deleted or securely disposed of. Employees should seek advice from their line manager if they are unsure of their responsibilities regarding the use, storage or disposal of personal data.
Storage
The rules set out below detail how and where data should be stored. Anyone requiring additional information should direct their questions to the data controller.
If data is stored on paper, it should be kept in a secure place where it cannot be access either intentionally, accidently or by unauthorised persons. When the data is not required it should be stored in a locked filing cabinet. All employees should make sure that paper and printouts are not left where unauthorised persons could see them, for example left on photo copiers or printers.
Data printouts must be shredded and disposed of securely when no longer required.
Where data is stored electronically it must be protected against malicious hacking attempts, accidental deletion and unauthorised access. Password should be strong and never shared between employees, contractors or partners.
If data is stored on external media such as CD’s external hard drives, dongles etc these should be kept locked away when not in use. Data should only be stored on authorised servers and drives and should only be uploaded to an approved cloud computer service provider.
Servers containing personal data should be sited in a secure location, away from general office space and should be backed up frequently. Back-ups should be tested regularly. Personal data should never be backed-up directly to laptops or any other mobile device including, tablet or smart phones.
All servers and computers containing personal data must be protected by approved security software and a firewall.
Use of Data
Personal data is of no value to Enveco Ltd unless the company can make use of it. It is when personal data is accessed that it is most at risk of corruption, theft or loss. When working with personal data employees must ensure that when their computers are left unattended their screens are always locked.
Personal data should never be informally shared. In particular it should never be sent by email as this is not a secure form of communication. Data must be encrypted before transferring electronically. This should never be attempted by any unauthorised employee.
It is strictly forbidden for any employee to save any personal data directly to their PC and any employee found in breach will be subject to disciplinary procedure.
Accuracy of Data
The law requires Enveco ltd to take all reasonable steps to ensure that its data is kept accurate and up to date. The more important the data is the more effort Enveco Ltd must make to ensure its accuracy.
It is the responsibility of all employees who have access to and work with personal data to take all reasonable steps to ensure its accuracy.
Employees should not create any un-necessary data sets and the data must be held in as few places as is absolutely necessary.
Employees who work with personal data must take every opportunity to ensure that data is up to date, for example check details when customers call in.
Enveco Ltd will make it as easy as possible for customers and employees to update the information they hold about them. Data must be updated as inaccuracies are discovered, for example, if customer can no longer be reached by the stored telephone number, the telephone number should be deleted immediately.
Marketing information must be checked regularly and the manager must ensure that the marketing database is checked regularly for its accuracy. Any individual wishing to be removed from the data base should email their request to info@enveco.co.uk
Access Requests
All individuals who are the subject of personal data held by Enveco Ltd are entitled to:
- (a) Ask what information the company is holding about them
- (b) Ask how they can access the information
- (c) Be informed how to keep it up to date
- (d) Be informed on how the company is meeting its data protection obligations
- (e) Request a copy of all information held.
If an individual contacts the company requesting information, this is called a subject access request.
Subject access request from individuals should be made in the first instance by email to info@enveco.co.uk, on receipt of the request the data controller will aim to provide all relevant data within 10 working days. The data controller will always verify the identity of the access request before providing any information.
Disclosing data
In certain circumstances, Enveco Ltd may receive requests from law enforcement agencies to disclose personal data held. In such circumstances Enveco Ltd will disclose the requested data, however, the data controller will ensure the request is legitimate and seek advice from the board of directors and its legal representatives before any such disclosure.
Information
Enveco Ltd aims to ensure that individuals are aware that their data is being processed, and that they understand:
- How it is being used
- How to exercise their rights
Breach of Data Protection
If an employee, contractor or partner obtains any information that a breach of security has occurred, is occurring or suspects it may occur they must immediately bring this to the attention of the data controller, who will immediately investigate.
If a breach is found to have occurred then the data controller will immediately bring the breach to the attention of the authorities and take whatever action is necessary to limit the breach.