Interpretation: “We” and “us” means Mortons Print and Mailing Ltd of Media Centre Morton Way, Horncastle Lincolnshire LN9 6JR. “You” and “your” means the customer named in the relevant quotation and/or invoice. “Work” includes printing, type setting, page make up, on-line internet display, collation, distribution, and mailing facilities. “Goods” includes paper and other tangible property. “Agreement” means your acceptance of our quotation subject to these Terms & Conditions.

Quality: We will deliver printed work in accordance with our written standards, policies and systems or any previously supplied sample or proof always using our best endeavours, subject to normal variations within the production process.

Payment:  You will be required to make prepayment by way of cleared funds unless credit terms have been agreed in writing. If your credit account is overdue, we may cancel your credit account and/or delay production and/or postpone or cancel your contract.

Notice Period:  If you terminate your contract for the printing or display of a periodical publication by giving less than 13 weeks’ notice, for each week of default you shall pay to us as liquidated damages sum equivalent to 1/3 of the average weekly invoices for the 13 weeks prior to termination. We will give 13 weeks’ notice on terminating a contract provided your account remains within terms.

Delivery:  We are not able to store your work or goods without prior agreement but if we do store your work or goods, it will be at your risk. We are not responsible for any delays in transit.

Standing Material:  All work or goods held will remain our property until you have paid for them.

Risk and Insurance:  All goods left with us or in transit are at your risk. It is your responsibility to insure your goods when held by us or in transit.

Material:  We will make every endeavour to source materials in accordance with our supplied samples and/or quotation. Where supplies cannot be guaranteed, if necessary and where possible we will at our discretion use a suitable alternative.

Material supplied by you:  We may reject any material that we judge unsuitable. It is not our responsibility to check suitability of material. If any extra costs are incurred in using unsuitable material, you may be charged.

Claims:  Any claim must be made to us in writing within 7 days of the earliest of invoice/delivery/dispatch. We will not accept return of work or any other liability unless we have been able to inspect it first.

Limitation of Liability:  We are not under any circumstances liable for consequential loss. Under no circumstances will our liability exceed our invoiced price for the work and/or goods in question.

Illegal Matter:  We shall not be required to print or display any matter which in our opinion may be illegal or defamatory or which might infringe any third-party rights, or which could involve any criminal or tortuous liability or damage our reputation. If we cannot agree suitable changes with you or if we cannot promptly contact you, we reserve the right to impose changes without incurring any liability to you.

Indemnity:  You will indemnify us against any damages, costs, expenses, or any other liability arising from any actual or threatened third party complaint, claim, action, proceedings, or prosecution against us arising from our work for you.

Force Majeure:  We shall not be responsible for any delay or other problems due to any cause beyond our reasonable control.

Entire Agreement:  Your acceptance of our quotation subject to these Terms & Conditions is the entire agreement between us and may not be modified except as we agree in writing. We only do work based on our conditions. Your delivery of work instructions is deemed to be your acceptance of our Terms & Conditions to the exclusion of any other contractual terms.

Representations:  You acknowledge that you do not rely on any representation warranty or other provision except as provided in these conditions and that all conditions, warranties, or other terms implied by statute or common law are excluded to the fullest extent permitted by law. For the avoidance of doubt no employee of Mortons has authority to make any statement or representation about the goods or services or work done and supplied under this Agreement.

Enforceability:  If any provision of this Agreement is found to be void or unenforceable in whole or part the other provisions of this Agreement and the remainder of the affected provisions shall continue to be valid.

English Law:  Our Agreement is subject to the law of England and Wales, and you agree to submit to the jurisdiction of the Courts of England and Wales.

Mortons Print and Mailing Limited will use any personal information provided for the purposes of checking and communicating with you about your order, for invoicing and order dispatch, administering your account, recovering any monies due to us and to let you know about any changes to our products or services that may be relevant to you. We would also like to keep you informed from time to time about offers or discounts that we may extend to our customers and which we believe might be of interest to you. You can let us know by email to [email protected] if you prefer us not to use your details in this way. If you provide contact details of someone else within your organisation, you confirm that they are happy for you to provide their details and for us to use their information as above. For further information, please see our privacy policy on our website www.mortons.co.uk/privacy

Responsibility: You are exclusively responsible for the content of any copy or material supplied to us for print or mailing services. You warrant that the processing of any personal data comprised in material printed or distributed on your behalf complies with legal requirements (including, without limitation, data protection laws) and that the content does not breach any other laws (e.g., by being defamatory) or any applicable industry codes of practice/guidelines.

Data Processing Terms

PART 1

This Schedule sets out the basis upon which Mortons Print and Mailing Limited processes personal data of which you are the controller. It explains our respective rights and obligations when we carry out work for you or provide services at your request. This Schedule is supplemental to our terms and conditions of sale which apply to print and mailing services as attached to our printed quotations (“Standard Terms”). Defined terms used in this Schedule have the same meaning as in the Standard Terms unless otherwise stated.

In this Schedule, the following additional defined terms apply:

Data Protection Legislation means the UK Data Protection Act 2018 as amended from time to time (“DPA”) and (for so long and to the extent that the law of the European Union has effect in the United Kingdom) the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and any other directly applicable European Union regulation relating to privacy).

The terms “controller”, “processor”, “personal data” and “data subject” are all as defined in the Data Protection Legislation.

1. Both you and we will comply with all applicable requirements of the Data Protection Legislation. This Schedule is in addition to, and does not relieve, remove or replace, your or our obligations under the Data Protection Legislation. Specifically, nothing in this Schedule relieves us of our direct responsibilities and liabilities as processor under the Data Protection Legislation.
2. For the purposes of the Data Protection Legislation, you are the “controller” of the personal data we process in doing work for, or providing services to, you (the “Controller Data”) and we are the “processor” of the Controller Data. Part 2 of this Schedule below sets out: (i) the subject matter and duration of the processing, (ii) the nature and purpose of the processing and (iii) the type of personal data and categories of data subject concerned in the processing of Controller Data.
3. You confirm as the controller that you have all necessary consents and notices in place to enable lawful transfer of your Controller Data to us for the duration and purposes of the processing you instruct us to carry out on each occasion when you place an order or instruct us to carry out Work for you.
4. You shall respond promptly to requests for instructions regarding the processing of the Controller Data during and upon termination of any order, task or Work that we carry out for you.
5. We shall, in relation to any processing of your Controller Data:-
   1. process it only on your written instructions (unless we are required by law to act without instructions) and shall not process it for any purposes other than providing services to you and/or carrying out Work at your request under the Standard Terms;
   2. ensure that we have in place appropriate technical and organisational measures to protect the security of the Controller Data (such measures may include, for example, encryption/secure file transfer of origination details and content, physical access controls to our premises and auditability of processing activities). You can ask us for further details of security measures applicable to the processing of your Controller Data at any time;
   3. ensure that all staff who have access to and/or are involved in processing Controller Data are required to keep it confidential;
   4. assist you, at your cost, in responding to any request from a data subject for access to their personal data or in exercising their other privacy related rights;
   5. assist you, at your cost, in ensuring your compliance with the requirements under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
   6. notify you without delay on becoming aware of a data breach as soon as practically possible;
   7. in response to your written instructions, delete or return Controller Data (including copies) at the end of an assignment or order or at any other time upon request;
   8. maintain complete and accurate records and information to demonstrate compliance with the terms of this Schedule and allow for audits – upon reasonable notice during business hours – by you (or your designated auditor) of our processing of Controller Data;
   9. not use a sub-processor to process the Controller Data without your prior, written, authorisation.
6. We shall not transfer any Controller Data outside the European Economic Area except where we have obtained your prior written consent to do so, and the following conditions are fulfilled:
   1. we have each put in place appropriate safeguards in relation to the transfer;
   2. the data subject has enforceable legal rights and effective remedies;
   3. we have put in place an adequate level of protection for the Controller Data transferred; and
   4. we have complied with any reasonable instructions of which we are notified in advance of the transfer regarding the processing of the Controller Data in such circumstances.
7. Except as provided in this Schedule, the Standard Terms shall continue to apply.

PART 2

Categories of Data Subject
Customers, Enquirers, Trade Contacts, Suppliers.

Processing Data – Purposes
The fulfilment of orders and carrying out of Work on your behalf in accordance with specifications received by us from you and quotations issued by us in response to enquiries. In accordance with the Standard Terms “Work” includes printing, type setting, page make up, on-line internet display, collation, distribution and mailing facilities and other services as agreed from time to time.

Types of Personal Data
Contact name(s), Telephone, Email, Business Address and Standard Invoicing Information for B2B customers.