OUR THINKING
Our first thoughts were that one purchase would give 1 individual person the right to use our images. We decided to keep the price of the CD as low as possible knowing that some who buy it will be individuals or from small not-for-profit organisations with very limited finances. To further help those smaller groups we have decided to give permission to share the use of the CD with up to 5 people within the same organisation. Please see our Terms and Conditions of Use for full details. Also see the “ Questions and Answers” section below.
TO HELP YOU UNDERSTAND OUR TERMS AND CONDITIONS:
We have listed some common questions and answers below to help you understand how you may use the Disc (CD) per order and Website. When you buy our images they may be in the format of one or more CDs, DVDs or electronic attachments to an email). Please see below our TERMS AND CONDITIONS OF USE and the “QUESTIONS AND ANSWERS” section.
‘Client’ |
shall mean any person, firm, company, organisation or other, negotiating or agreeing to purchase the Services or using the Services and or CD. |
‘Company’ |
shall mean Say it Works Limited,
36 Park Road, Port Sunlight, Wirral, Merseyside, CH62 4UU |
‘Conditions’ |
shall mean these terms and conditions of trade and use of Website and its contents and or CD including the Works |
| ‘CD’ | shall mean a compact disk or disks, CD Rom or CD ROMs, DVD or DVDs, or email attachments , owned or controlled by the Company, or produced by or on behalf of the Company and relating and or containing the Works. |
‘Fee(s)’ |
shall mean the fee(s) payable to the Company for the CD. |
‘Licence’ |
shall mean the limited permission granted by the Company to use the Services and or CD and Works subject to these Conditions. |
‘Services’ |
shall mean the services provided by the Company in relation to the delivery or display of the Works including without limitation the Website and or CD. |
‘Visitor’ |
shall mean any person, firm, company, organisation or other that accesses, uses, downloads, or visits the Website and or the CD or their content. |
‘Website’ |
shall mean the website www.sayitworks.co.uk or any other website owned or controlled by the Company or produced by or on behalf of the Company and relating to the Services and or the Works. |
‘Works’ |
shall mean artistic works, illustrations, images, guides, and information owned or controlled by the Company or produced by or on behalf of the Company. |
Application of these Conditions
1. These Conditions shall apply to all contracts for the provision of the Services in whole or in part, including but not limited to the provision of CD by the Company to the Client to the exclusion of all other terms and conditions . No conduct by the Company shall be deemed to constitute acceptance of any terms put forward by the Client. These Conditions also contain the conditions subject to which any Visitor to the Website and or CD must comply. Anyone accessing, using or downloading the Website and or CD or their content in whole or in part shall be indicating their acceptance of these Conditions by such use of the Website and or CD.
2. All orders for the CD shall be deemed to be an offer by the Client to purchase the CD pursuant to these Conditions.
3. Use of the Services in whole or in part, including as a Visitor, or any Client signature of any document provided by the Company shall be deemed conclusive evidence of the Client’s and Visitor’s acceptance of these Conditions.
4. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed unequivocally in writing by an authorised officer of the Company.
5. Any offer to purchase the CD made orally must be confirmed in writing.
6. The Company’s Privacy Policy is incorporated into these Conditions.
7. The Fees and method of payment shall be as set out on the Website or shall be agreed in writing between the parties. Confirmation of order or invoice will be as decided exclusively by the Company. The Fees for the CD shall be made clear to the Client prior to delivery of the CD. Unless otherwise stated all Fees quoted are exclusive of VAT.
8. If the Client fails to pay the Fees prior to delivery of the CD the Company shall be entitled to suspend delivery of any Services.
9. The fees may be subject to variation by the Company where, following the Company’s acceptance of an order, there is an increase in the cost to the Company in supplying the CD.
10. Interest on overdue payments shall accrue from the date of delivery from day to day until the date of payment at a rate of 4% above the Bank of England base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. The Company shall further have if it so decides the right to use the provisions under the Late Payment of Commercial Debts (Interest) Act 1998.
11. The Client shall not be entitled to withhold payment of any amount payable to the Company by reason of any dispute or claim by the Client and in the case of any part delivery of the CD shall remain liable to pay the full invoice Fees of all other CDs delivered or capable of delivery.
12. The Client shall have no right of set off, statutory or otherwise.
13. The Client shall reimburse to the Company the entire cost of re-presenting any cheque or other instrument delivered to it in payment of any sum due by the Client.
14. Any failure to pay on the due date will represent a breach of a contract condition entitling the Company to rescind the contract for breach of condition and/or to claim damages and the Client shall then have no right to use the CD.
15. Subject to the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”) where applicable, if the Client cancels its order at any time the Company may treat the agreement to purchase the Services as repudiated by the Client and any sums provided by the Client for the Services shall be forfeited and retained by the Company without prejudice to the Company’s rights to recover from the Client any loss, costs or damages incurred by the Company as a consequence of cancellation as it shall think appropriate and shall have no obligation to account to the Client for any Fees received by any third party for the Services.
Website downloads
16. The Client and or Visitor of the Website is prohibited from downloading or printing or copying in any format whatsoever from the Website any of the Works – except those that are expressly stated to be downloadable free of charge. All such Works whether downloadable free of charge or otherwise are subject to the Conditions.
17. The Fees shall entitle the Client to a Licence to use the CD as follows:
i) If the Client is an individual person the Licence is granted to the individual only, for their exclusive use, and may not be shared with others.
ii) (a). If the Client is a firm, Company, Organisation or other than individual person, the Client is permitted to allow the CD to be used by up to a maximum of a further 4 specific named individuals (The Individuals) within the Client organisation.
(b). The Individuals are subject to these Conditions as Client except that paragraph 17. ii. (a) is specifically excluded. The Individuals are not permitted to share with others the CD or use of the CD in any circumstances.
iii) The Licence prohibits the use of the CD by an individual within the Client organisation the effect of which would be to filter the CD through that person or persons thus giving access for use to more than 5 persons within the Client organisation.
Delivery of the CD
18. The Company shall use reasonable endeavours to deliver the CD in accordance with the Client’s reasonable expectation but shall have no liability whatsoever for any loss, costs or damages occasioned by delay in delivery arising out of any cause whatsoever.
19. Where forward instructions are required from the Client it shall give such reasonable instructions in writing and in reasonable time and if the Company does not receive such forwarding instructions it shall deliver the CD as it thinks suitable.
20. The Company reserves the right to alter the details and description of the Services in whole or in part at any time without notice. The Company reserves the right to modify, supplement, move or delete parts of or add to the Website and or CD at any time without notice. The Client is advised to check the Website on regular intervals for any alterations to the content, price, Services, Works or Conditions.
21. The Company reserves the right anytime to withdraw the Website. The purchase of the CD by the Client does not entitle the Client to any particular access to the Website or at all. The Company provides no warranty or guarantee that the Website will remain in existence in its present format or at all.
Quality and Liability
22. All terms, conditions and warranties (whether implied or made expressly) whether by the Company or its servants or agents or otherwise (other than those express warranties set out in the current edition of the Company’s relevant documentation) relating to the Services are excluded.
23. The Company may from time to time make changes in the specification of the Services which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality of the Services.
24. In the event of any breach of these Conditions by the Company the remedies available to the Client shall be limited to the provision of the CD or damages. Under no circumstances shall the liability of the Company exceed the Fees for the CD and the claim amount shall be proportionate to the cost of the CD. The Company shall not be liable for any errors, inaccuracies, omissions or additions to the Services and or CD.
25. The Company provides no warranty or guarantee to and shall not be liable for the accuracy or suitability of the Works for the Client’s particular requirements. It is the Client’s responsibility to assess the suitability of the Works.
26. The Company shall not be liable for any changes outside its control that may cause the Works to become inaccurate or incorrectly convey a message or theme.
27. All warranties and conditions whether implied by statute or otherwise are excluded from these Conditions PROVIDED THAT nothing in these Conditions shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory rights of a Client or Visitor dealing as consumer.
28. The Company shall not be liable for any consequential loss or indirect loss of profit or opportunity suffered by the Client or Visitor.
29. The Company shall not be liable to the Client and/or Visitor if they fail to use the Services in compliance with any information provided by the Company or third party.
30. Use of the Website, the Works and or CD is at the Client’s and Visitor’s own risk. The Company is not responsible for any type of loss or damage sustained as a result of accessing or using the Website and or CD. The Company assumes no responsibility for the content of any other websites to which the Website may have links.
31. The Company provides no warranty or guarantee that the Website and or CD shall be up to date or error free.
32. The Company excludes all liability (except for death and personal injury) caused by the use of the Website and or CD including any damage caused by but not limited to errors, viruses, bugs or other malicious code and harmful components. The Company makes no claims or representations that the Website may be lawfully viewed or downloaded outside England. Any use of the Services outside England are at the Client’s and or Visitor’s own risk
Insolvency
33. If the Client fails to make payment for the CD in accordance with any agreement with the Company or if the Client offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Client or the Client is unable to pay its debts or any resolution or petition to wind up the Client (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrative receiver or manager shall be appointed over the whole or any part of the Client’s business or assets or if any petition for the appointment of an administrator is presented against the Client all sums outstanding in respect of the CD shall become payable immediately. The Company may in its absolute discretion and without prejudice to any other rights which it may have suspend any deliveries of the CD to the Client and/or terminate any agreement it has with the Client without liability upon its part and/or exercise any of its rights pursuant to these Conditions.
Cancellation
34. The Company may cancel an agreement at any time before the CD is delivered by giving written notice. On giving such notice the Company shall promptly repay to the Client any sums paid by the Client in respect of the CD. The Company shall not be liable for any loss or damage whatever arising from such cancellation. No cancellation, following the delivery to the Client of the CD , of the whole or any part of any order by the Client is permitted except where expressly agreed in writing by an authorised officer of the Company and on terms which will indemnify the Company against any loss incurred or in accordance with the Regulations.
Refund
35. Where any cancellation of the CD is made and is permissible in accordance with the Regulations the Client, where acting as a Consumer, shall be entitled to the recovery of any sums paid by or on behalf of the Client less any costs incurred by the Company in the cancellation within thirty days of receiving written notice of cancellation.
Intellectual Property
36. All copyright and other rights (including, without limitation, database rights, trademarks, whether registered or unregistered, and all other intellectual property rights) in and to the Services, the Website, the CD and their Contents (‘Content’ - for the avoidance of doubt shall include all information contained in or available from the Website and or CD) and all promotional material are owned by or licensed to the Company or are otherwise used by the Company as permitted under applicable laws. The Client may following payment of any Fees, where applicable use, view, download, copy or print textual or graphic content of the CD, Website, the Works or the Content provided that it is solely used in accordance with the Licence and provided that the Client does not change or delete any copyright, trademark or other proprietary notices in the Content. Under no circumstances may the Client use the Content in a manner that may give a false or misleading impression of the Company.
37. All Works howsoever published or used by the Client must acknowledge the Company as copyright owner of the Works. Such acknowledgement must be in writing and on or adjacent to the illustration, image, or artwork.
38. THE COMPANY DOES NOT AT ANY TIME PERMIT THE CLIENT AND OR VISITOR ANY RIGHT TO SELL THE WORKS NOR IS THE CLIENT GRANTED THE RIGHT TO SUB-LICENCE ANY RIGHTS PROVIDED TO IT BY THE COMPANY NOR TO TRANSFER THE RIGHTS OR LICENCE TO ANY THIRD PARTY. THE LICENCE GRANTED BY THE COMPANY IS FOR THE CLIENT’S USE ONLY.
39. THE COMPANY DOES NOT PERMIT THE CLIENT AND OR VISITOR TO GIVE, SELL OR OTHERWISE TRANSFER THE WORKS OR ANY PART THEREOF WHERE THE WORKS ARE OR FORM PART OF ANY GOODS OR SERVICES FOR WHICH THE CLIENT WILL BE PAID.
40 . THE CLIENT AND/OR THE VISITOR DO NOT HAVE THE PERMISSION TO LEASE, LICENCE, LEND, RENT, GIVE AWAY FOR FREE OR FOR REMUNERATION OR OTHERWISE TRANSFER THE RIGHTS IN OR TO THE WORKS TO THIRD PARTIES.
41. NEITHER THE CLIENT NOR THE VISITOR ARE ENTITLED TO AMEND ANY OF THE WORKS AND IN NO WAY DOES THE COMPANY WAIVE ANY OF ITS MORAL RIGHTS AND ASSERTS ITS MORAL RIGHTS WHERE APPLICABLE.
42. The Client and or Visitor agree to clearly acknowledge in writing the Company as the Copyright owner of any images used or reproduced by them.
43. The Client and or Visitor agree not to copy, reproduce, store in any medium (including, without limitation, in any other websites), distribute, transmit, modify, alter, disseminate, create derivative works from all or any part of any of the Website, the CD, the Works or Content or edit any part of any of the Website, the CD, the Works or the Content other than as permitted above without obtaining the Company's prior written consent. The Client and or Visitor may not use any meta-tags or any other ‘hidden text’.
44. The Client agrees that if it reproduces any of the works in a website or any other electronic format it will expressly state that copying or downloading of images by any one other than the Client is prohibited.
45. Neither party will be liable for any delay in performing or failure to perform any of its obligations under any agreement or these Conditions caused by events beyond its reasonable control (‘Force Majeure Event’).
46. Either party may, if the delay or stoppage continues for more than 90 continuous days, terminate the agreement for the CD with immediate effect on giving written notice to the other and neither party will be liable to the other for such termination. The party claiming the Force Majeure Event will take all necessary steps to bring that event to a close or to find a solution by which the contract may be performed despite the Force Majeure Event.
Severability
47. Notwithstanding that the whole or part of these Conditions may prove to be illegal or unenforceable the other parts of the Conditions remaining shall remain in full force and effect.
Third Parties
48. For the avoidance of doubt nothing contained in these Conditions shall confer on any third party any benefit or the right to enforce these Conditions except where otherwise agreed in writing by an authorised officer of the Company.
49. No delay or omission in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other rights or remedies. No waiver shall be binding or effectual for any purpose unless expressed in writing and signed by an authorised officer of the Company and any such waiver shall be effective only in the specific instance and for the purpose given.
Freedom of Information Act 2000 (FOIA)
50. Where the Client and or Visitor is a public authority for the purposes of the FOIA it:
i. warrants that it has adequate procedures and staff for the requirements of the FOIA;
ii. undertakes to inform the Company within three working days of the Client and or Visitor receiving a request under the FOIA that a request has been made for information with respect to the Company;
iii. acknowledges that the information passed by the Company to the Client and or Visitor is confidential;
iv. shall be responsible for all costs incurred by the Company in its compliance with the FOIA.
51.These Conditions and all representations obligations undertakings and warranties contained herein shall enure for the benefit of the successors and assigns of the Company.
52.These Conditions are subject to the law of England the courts of which shall have exclusive jurisdiction.
Company details
Telephone: 0845 601 9973/4
Email:info@sayitworks.co.uk
Company registered number: 0 5186224. Registered in England and Wales.
Registered Office address: McParland Williams, Maghull Business Centre, 1 Liverpool Road North, Maghull L31 2HB
Q: We are small charity employing 5 people. We would like to buy the CD, if we do can we all use it?
A:Yes, you can share with up to 4 more people in the same organisation (i.e. 5 in total). If there are more than 5 people you can either buy more CDs or talk to us about the cost of networking the images
Q: We are a small not-for-profit group of 3 people who share an office with another group. Both are charities and have very limited amounts of money to spend. The two groups in total have 5 employees. As it is only 5 people in total can we share the disc although we are different organisations?
A : No, you cannot share with other organisations.
But give us a call and we can talk to you about a discounted price for 2 discs.
Q: I work in the marketing department of a Local Authority. I would like to market the services of the Authority using images from the CD. I would like to produce a leaflet to distribute to about 3000 people or organisations. Is there a limit on the number of times I can reproduce the Say It Works images?
A: No, there is no limit on the number of times you reproduce images
Q: I work in the printing department of a Local Authority. If I buy the CD and retain control of it can my client departments view the images on the Website or CD then put their orders for printing to me?
A: No, that would really be a device to try to get around the Licence and Term and Conditions of Use and would not be acceptable.
However we can offer a different licence enabling you to Network our images. Please give us a call and we can discuss your requirements and costs.
Q: I am writing a book about person centred planning. I would like to use images from the CD. Is this acceptable?
A: If you intend to give the book away, then yes you may use as many images as you wish.
If you intend to sellthe book you will not be able to use Say It Works images from CD or Website. But please do call us and we can work something out.
Q: I have downloaded free images from your site. Can I put them on my own site and offer to let other people download free?
A: No, you may not offer the images for use by anyone else.
Q: I am building a website to advertise my company. Can I use your images?
A: Yes, our pictures appear on lots of websites
Q: I work as an SEN teacher in a school may I share use of the disc with my colleague who is the head of PHSE?
A: Yes. You may share the use with another 3 more of your colleagues too, and remember you can print off as many copies as you like.
Q: I am presenting a training session on ‘finding work’ at a conference. I will be paid for this session and intend to use a PowerPoint presentation incorporating Say It Works images. Can I do this?
A: Yes, you may use our images as a part of a presentation – the images are ideal for that. However if as part of the training you wished to hand out work booklets containing the images you would need consent. Depending upon the particular circumstances, extending the licence to include that consent may involve a fee.
Q: I work in the personnel department of a large company we are going to be making a high percentage of staff redundant. We wish to help in the process of getting new work as much as possible. I would like to publish a leaflet on ‘preparation for interview’ using your material. May I distribute the leaflet to all of our staff?
A: Yes, you may distribute as many as you wish to your colleagues.
Please note the above Questions and Answers are to be used as a guide. They are meant to be read in addition to the Terms and Conditions of Use and not instead of them.
Telephone: 0845 601 9973/4
Email: Send us an email to: info@sayitworks.co.uk 
Company registered number: 5186224. Registered in England and Wales.
Registered Office address: MacParland Williams, Maghull Business Centre, Liverpool Road North, Maghull L31 2HB
Pre June 2007 Subscriptions
Please click here to view the relevant Terms and Conditions
Accessibility Statement and Advice 
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