Terms of service

Terms and Conditions for my Digital Products

Tim Morrell (PartyPDF) (referred to as “I”, “my” and “me” in these terms) suggest that you the customer (referred to as “you” and “your” in these terms) should spend some time in reading through these terms of trading. This is because these conditions shall apply to any contract between the parties. I want you to feel confident in accepting the Products I offer.

If you have any questions or queries relating to any of these terms, please feel free to contact me before you make a purchase and therefore enter into the contract.

1. Formation of contract

1.1 I sell you a license to use my Digital Products (“the Products” or “the Product”). The Products are provided in the form of electronic files. When I have received your order and payment, I will send a download link to you by email. This download link will allow you to download the Products you ordered. When you take up this offer, the terms outlined in this document will govern my relationship with you.

1.2 I accept orders at my discretion. If I accept an order from you, the contract will be formed on these conditions, as outlined in clause 1.1 above, in the following way: Before you have completed buying the Product, you will be invited to confirm that you have read and accept my offer by agreeing to these terms of trading. If you do not accept these terms of trading, I will not agree to enter a contract with you.

2. Payment terms

The price of the license to use the Products you order is to be paid for in advance.

3. Prices

The current price of the license for the various Products are set out on my web site. All prices may be subject to local tax at the rate currently in force at the time of this contract and all monies due under this contract are to be paid in one of the currencies proffered by me.

4. Intellectual property rights

4.1 When I have received your payment, I will grant you a license to use, once only, a single Product, or Products if you have paid for more than one Product. This license is personal to you and permits you to use the Products once only PROVIDED THAT you do not charge any consideration to any person to participate in the use of the Products or to act as a spectator when the Products are being used.

4.2 I assert my moral rights in respect of all copyright material produced by me and also the moral rights of any supplier to us of any such copyright material. You confirm that you will not alter, reuse or otherwise exploit or jeopardize the artistic integrity of the material contained in any of the Products.

4.3 To protect the ownership of my intellectual property rights, I will insert a watermark throughout each page of your Products. This watermark will contain the order number of the purchased products, the purchase date, the purchaser’s name and the email address to which the products were delivered to.

5. Your responsibilities

5.1 You undertake to observe the terms of any license in relation to any Products provided by me and to indemnify me against all costs, claims and liabilities arising from any breach of this clause.

5.2 You agree not to charge consideration to people who participate in using the Products or for spectators to watch the use of the Products unless you have expressly sought and received permission from me.

5.3 Where you wish to use the Products on more than one occasion, you agree to request a multiple license for more than a single use.

5.4 You agree not to share the PDF file with any other person. You agree not to make the file publicly available.

6. Amendments

I reserve the right to modify, suspend or discontinue any or all of my services at my sole discretion and without notice. I also reserve the right to give advanced notice of any changes to these terms and conditions at any time, whether by notice on my web site or by contacting you directly.

7. Unforeseen circumstances

There may be times where events beyond my control prevent you from downloading the electronic file of the Products. If this occurs, I ask you to inform me and I undertake to inform you when such problems have been rectified.

8. Limitation of liability

If I breach the terms of the contract, or you seek compensation and damages for any claim or claims arising out of any contract between the parties for whatever reason, your remedy will be limited to damages. My liability to you will not exceed the amount you paid me for the Products except where required by law.

9. Exclusion of liability

With the exception of clause 8, I shall not be liable to you, except in respect of injury or death of any person (for which no limit applies) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever for,

9.1 any delay in supplying the Products which does not exceed 14 days

9.2 any loss of profit, business, contracts or revenues, or

9.3 failure to achieve anticipated savings in costs or expenses, or

9.4 failure to achieve increased profit, business, contracts, revenues or market penetration.

10. Reasonableness of the limitation and exclusion clauses

If you enter a contract with me, you agree that the limitation of liability clause, clause 8 and the exclusion of liability clause, clause 9, are reasonable, and that the price agreed reflects the position on liability.

11. Rights of third parties

In accordance with s 1(2)(a) of the Contract (Rights of Third Parties) Act 1999, the parties intend that no term of this contract may be enforced by a third party.

12. Severance

The parties agree that in the event of one or more clauses or sub-clause of this contract being subsequently declared invalid or unenforceable by a court or other authority with jurisdiction, the invalidity or unenforceability of any clause or sub-clause shall not in any way affect the validity or enforceability of any other clause or sub-clause except those which compromise an integral part of it or are otherwise clearly inseparable.

13. Applicable law

13.1 The contract between the parties is to be governed by and construed according to English law and the parties agree to submit any disputes to the exclusive jurisdiction of the English courts.

13.2 This agreement does not affect your statutory rights as a consumer.