General Terms and Conditions
- This agreement governs your use of Pingbig’s site and service, including all orders made or processed for products or services in connection with the site and service, and the user Forums which Pingbig makes available. You and Pingbig a UK LTD company providing custom, on-demand merchandise printing, sales, and other related services ("Pingbig “) are the parties to this agreement. If you choose to use other features of the site and service, like opening a shop to sell custom, print-on-demand products, other terms may apply in addition to these. No exceptions to these terms are effective unless Pingbig has agreed to them in writing.
- Pingbig may change these terms from time to time. If Pingbig makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use Pingbig’s site and service. If you disagree with any amendments, you must stop using Pingbig’s site and service.
Use of the Site and Service Generally
- Pingbig owns all intellectual property and other rights, title and interest in and to its site and service (except for user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. Pingbig grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to Pingbig’s terms, rules, and guidelines found on its site, and Pingbig may revoke this license and limit your access to the site and service according to Section 15 (Termination of Access).
- You may not interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service; use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology; impersonate another person or entity; use any meta tags, search terms, keywords, or similar tags that contain Pingbig name or trademarks; engage in any activity that interferes with another user's ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user; assist or encourage any third party in engaging in any activity prohibited by this agreement; or use the site and service to promote hate speech, obscenity, or any content that violates Pingbig’s Ethical Guidelines, which Pingbig may change from time to time in Pingbig’s sole discretion.
- Two shop types are available on Pintee’s site. First, there are shops designed and operated by Pingbig itself ("Pingbig Shop(s) )") and shops designed and operated by independent shop owners ("Partner Shop(s)"). Information about the owner of any shop is available as a linked page in each shop.
- Independent shop owners of Partner Shops are solely responsible for the products and designs offered in those shops, the design of those shops, and the advertising of the articles offered. Pingbig does not use designs or products of shop owners until a customer places an order that includes one of those designs or products.
Delivery & Shipment
- By placing an order using Pingbig’s site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with Pingbig only (no contract exists between the customer and any applicable shop owner). Pingbig sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when Pintee confirms that production has completed in a second e-mail. Pingbig cannot guarantee the continued availability of any products or designs found on its site.
- Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational.Pingbig cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.
- Pingbig reserves the right to reject orders for any reason or no reason. IfPingbig rejects an order, it will notify the customer.
- Pingbig’s performance of an order is completed when the shipment provider completes delivery to the customer's address, according to the records of the shipment provider. If there is an interruption of delivery, and Pingbig cannot replace the order in a reasonable amount of time, Pingbig will notify the customer immediately.
- If there is a product defect or if you are dissatisfied with your order for any reason, Pingbig’ return policy will apply, which Pingbig may change at any time in its sole discretion.
- All prices found on Pingbig site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
- For customers ordering from outside the United Kingdom, all product prices are net of local taxes and fees unless otherwise indicated. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient's country, and if these are not already collected at checkout, then the customer has the sole responsibility to pay these taxes and fees.
- Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
- Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. Pingbig reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
- If the customer selects a payment method or provides payment information that makes it impossible or impractical for Pingbig to receive payment (for example, the customer's account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of Pinggtee’s own, the customer agrees that Pintee may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.
- Pingbig may sub-contract third parties to process payment.
- If the customer fails to pay, Pingbig may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
Title to ProductsUntil Pingbig receives full payment for an order and the order is shipped, title to the goods remains with Pingbig. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
Pingbig provides the site and service on an "as is" and "as available" basis. Pingbig does not represent or warrant that the site and service or its use:
- will be uninterrupted, timely, safe, or secure,
- will be free of inaccuracies, errors, or vulnerabilities,
- will meet your expectations or requirements, or
- will operate in the configuration or with the hardware or software you use.
- You agree that Pingbig has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. Pingbig does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.
- Due to normal changes in our industry and in our technical production processes, Pingbig may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.
- Pingbig may use subcontractors or third parties to provide certain elements of its site and service. You agree that Pingbig will not be liable to you in any way for your use of these services.
- Pingbig provides the site and service on an "as is" and "as available" basis. Pingbig does not represent or warrant that the site and service or its use:
Limitation of Liability
- You use Pingbig's site and service at your own risk. Pingbig provides its site and service without any express or implied warranties (See Section 9(a) (Disclaimers) above).Pingbig is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against Pingbig or any related third parties.
- Pingbig is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and Pingbig, even if advised of the possibility of such damages. Pinggtee’s aggregate liability arising out of or in connection with the site and service or any agreement between you and Pingbig may not exceed the lesser £100 or the amount of cash actually exchanged between you and Pingbig within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, Pingbig’s liability will be limited to the fullest extent permitted by applicable law.
User Representations and Warranties; Pingbig’s Right to Refuse Performance
- If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to Pingbig that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. Pingbig may, in its sole discretion, refuse to print any designs or text that you submit. However, Pingbig is not obligated to review any of your submissions.
- You agree to (i) indemnify and (ii) release Pingbig from all liability (including costs and attorney's fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of Pintee’s site and service. If you are a shop owner with Pingbig, Pingbig may offset amounts in your shop owner account to satisfy the indemnification payments owed according to this paragraph.
Dispute ResolutionThe formation, construction, and performance of this agreement (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United Kingdom without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to this agreement must be submitted to confidential binding arbitration in the United Kingdom. Any Claims must be conducted on an individual basis, and not in a class, consolidated, or representative action; and any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
Electronic Commerce DirectivePingbig will respond to legitimate requests under the The Electronic Commerce Directive 2000 and retains the right to deny service to any user if in Pingbig sole discretion, the usage or content poses a risk of allegations of infringement of the copyright (or other intellectual property right) of others.
Termination of Access
- Pingbig may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if Pingbig believes that you (or any others whom Pingbig believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with Pingbig, its affiliates, contractual partners, or users; or if Pingbig believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for Pingbig , its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.
- If Pingbig exercises its rights under Section 15(a), or if you delete your account, this entire agreement and any other agreements you have entered into with Pingbig will survive indefinitely until otherwise terminated according to their terms, if applicable.
- Entire Agreement. This agreement (along with other policies found on Pingbig’s site and service) contains the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this agreement. The parties have not relied on any representations or promises relating to the subject matter of this agreement except those contained within the four corners of this agreement.
- Relationship of Parties. This agreement and other agreements relating to the site and service do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties, except when one is expressly stated. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of buyer and seller, or independent contractors in certain circumstances.
- Successors, Assignment, and Delegation. This agreement inures to the benefit of and binds the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under this agreement without written consent from Pingbig . Any attempt to do so is null and void. If there is an involuntary assignment, then Pingbig may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under this agreement has actually taken place.
- Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published. You guarantee that the information provided in your orders or user account is accurate and hereby waive all rights or objections relating to not having received notices from Pingbig because of incorrect or incomplete information.
- Enforceability and Severability. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
- Waivers. Waivers are only effective when in writing. If Pingbig waives enforcement of a breach of any term of this agreement, later breaches of the same or other terms are not waived. Accepting late performance of any act or late fulfillment of any condition of this agreement is not a waiver of the act or condition itself.
- Interpretation Rules. "Or" when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When "includes" or "including" begins a list of items, the list is not exclusive. All headings used in this agreement are for convenience only, and are not to be taken into account when interpreting the meaning of any term of this agreement.
- Conflicts. If there are any conflicts between this agreement and another agreement between you and Pingbig, then the terms of that other agreement will control only to the extent they are inconsistent. Otherwise, any additional terms are supplementary to the terms of this agreement.
- Reservation. Pingbig reserves all rights not expressly granted in this agreement.
- No Third-Party Beneficiaries. This agreement does not and is not intended to confer any rights or remedies upon any person(s) other than the parties.
- Minimum Age. Persons under the age of 13 may not use the site. Pingbig will not collect, use, or disclose any personal information associated with a person under age 13.
- Retroactive Application. You agree that your acceptance of this version of this agreement and all other agreements incorporated by reference apply retroactively to your use of the site and service prior to the effective date of this agreement.
Partner Terms and Conditions
Effective from 1 November 2018
Partners and PingT Ltd in General
- The General Terms and conditions for Pingbig are incorporated to this agreement by reference.
- This agreement governs the establishment, on-going operation, promotion, and maintenance of an online, custom merchandise interface ("shop") and the use of Pingbig’s online design marketplace ("marketplace") whereby the user (the "Partner") may create or market designs or products for sale using the site and service provided by Ping T Ltd ("Pingbig").
- The Partner may create either a standard shop or a designer shop, or upload designs to Pingbig’s marketplace. Standard shops feature static products that the Partner selects (for example, by combining new or existing designs available on the Pingbig platform with blank Pingbig products like t-shirts), and which end customers cannot customize. Designer shops feature dynamic products which the Partner can create by using new or existing designs available on the Pingbig platform, and which end customers can then customize with their own text, designs, or existing designs available on the Pingbig platform. Pingbig’s marketplace allows customers to browse designs submitted by many Partners, but which customers cannot customize. The resulting goods are the printed Pingbig products, and for the completed sales of these, the Partner receives a commission according to the terms of Section 5 of this agreement.
- Pingbig may change these terms from time to time. If Pingbig makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use Pintee’s site and service. If you disagree with any amendments, you must stop using Pingbig’s site and service.
- This agreement's terms apply retroactively to all Submitted Content that the Partner submitted to Pingbig’s site and service prior to this agreement's effective date.
Use of Submitted Content
- The Partner hereby permits Pingbig to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, sell, and distribute any and all Submitted Content and designs (including associated information such as tags) that the Partner submits, posts or displays on or through a shop or the site and service. The Partner expressly consents that Pingbig may distribute Submitted Content in its own shops and the shops of Pingbig’s corporate affiliates, in shops of third-party Partners, or via any other channels of external marketplace distribution that currently exist or that may later exist (such as Amazon.com, eBay, etc.), and that the Partner's sole means of compensation therefore is a commission according to Section 5 below. The Partner acknowledges that external marketplace distribution may place additional restrictions on pricing, advertising, intellectual property rights, and other matters, subject to the terms and conditions of those third-party distribution channels. The Partner may be able to restrict Pingbig’s use of Submitted Content, including external marketplace distribution, by selecting various options within the user settings area provided by Pingbig ("Partner Account").
- Pingbig may use the Partner's Submitted Content for advertising purposes in any and all media now existing or later arising, including for up to six months after the termination of this agreement if these advertisements already existed or were in development before the Partner terminated this agreement. When reasonably possible,Pingbig will link all such depictions to the Partner's shop.
- Title to intellectual property rights (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.) to a print design provided by the Partner remain with the Partner.
- The Partner may terminate this agreement by removing Submitted Content via the Partner Account, or by terminating this agreement according to its terms. If either party terminates this agreement, any products that have already been ordered prior to termination and that would be affected by such a termination will continue to be fulfilled. Due to technical and practical limitations, Submitted Content may remain on Pingbigs site and service for several days following removal or termination, and if Submitted Content is being used by other Pingbig Partners, removal may be delayed for up to two weeks to allow those Partners to make other arrangements for the soon-to-be missing content.
- Nothing in this agreement is to be construed to impose a duty upon Pingbig to use or exploit Submitted Content in any way.Pingbig may remove Submitted Content, shops or parts thereof, or any other functionality of the site and service at any time in its sole discretion for any reason or no reason, with or without notice to the Partner, and Pingbig is not liable to the Partner for such acts or their consequences, even if foreseeable and even if Pingbig is specifically advised of them in advance.
Submitted Content Rules
- The Partner is solely responsible for the content (e.g., URLs, print designs, images, slogans, background images, text, tags, descriptions, etc.) uploaded, or otherwise added through the Pingbig interface, to a shop, marketplace, or products (collectively "Submitted Content").
- The Partner guarantees that the Submitted Content was either created by the Partner or that the Partner is otherwise the owner or authorized licensee of all necessary rights in and to the Submitted Content (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.), necessary to effect the intent of this agreement.Pingbig may demand written evidence of such authorization at any time.
- The Partner guarantees that, to the best of the Partner's knowledge, no Submitted Content infringes the rights of any third parties (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.).
- The Partner guarantees that the Submitted Content does not violate any European laws, especially laws regarding the protection of minors.
- If the Partner violates any agreement with Pingbig Ethical Guidelines violates (in Pingbig’s sole discretion), or if third parties claim that Submitted Content infringes their rights, Pingbig reserves the right to remove or modify the shop or Submitted Content to address the problem; to share the Partner's contact information with the complaining third party; to withhold commissions from the Partner who uploaded the Submitted Content until the claim is resolved; and to use such commissions to offset the costs of the violation or claim for infringement in Pingbig sole discretion.
- If Pingbig believes, in its sole discretion, that Submitted Content is wrongfully used, obviously misappropriated, or likely to create any risk for Pingbig, thenPingbig reserves the right to remove, limit, or modify the Submitted Content or service provided to the Partner to address the perceived risk.
- The Partner must immediately inform Pingbig in writing if the Partner receives claims alleging that its Submitted Content infringes third-party rights.
Contact and Other InformationPingbig may require the Partner to provide certain information via the Partner Account (for example, name, mailing address, email address, payment information, etc.). Failure to provide complete, accurate, and up-to-date information in the Partner Account may result in the shop or other Submitted Content not being published for end customers, the stopping of orders, and potentially the immediate cancelation of the shop or other Submitted Content and the withholding of any existing commissions until complete, accurate, and up-to-date information is provided.
Payment of the Partner
The Partner may receive a commission for sales of Pingbig products connected with the Partner's account. Commissions vary depending on the settings that the Partner chooses in the Partner Account:
- If the Partner uploads designs to a shop, the Partner may set a fixed design price for each design. This design price may be earned in addition to other commissions.
- Otherwise, the Partner earns an affiliate commission equal to a percentage of the net base price of each product sold in connection with a shop. The applicable percentage is found in Pinggtee’s partner agreement “Net base price” only includes the paid product-type revenue for unprinted Pingbig products plus printing revenue, and is not affected by any price reductions which are honored at checkout (for example, a basket-size discount or a coupon code).
- Apart from shops, the Partner may upload designs, along with descriptions and tags, to Pingbig marketplace and make them available for others to use when customizing products. The Partner may set a fixed design price to be credited each time a given design is used to decorate a Pingbig product. This is paid in consideration of the Partner’s addition of tags, titles, and descriptions to the uploaded designs, and may be earned in addition to the affiliate commission.
- If Pingbig makes other commission systems available later, these commission systems will continue to be governed by this agreement and may be supplemented with information found on Pingbig’s website.
- The Partner acknowledges that commissions are only credited to the Partner’s account within 30 days after both (1) payment for the order is received and (2) the order is shipped. The Partner receives no credited commission, or may have a credit commission removed or offset in a later payment period, if (1) the end customer cancels the order, requests a refund within Pingbig’s return policies, or requests a replacement; (2) the customer’s payment method fails; or (3) there is a chargeback.
- Pinggtee will pay the Partner the owed commissions monthly according to the timing, account minimum,(currently set at £40) and other commission payment guidelines found on Pingbig website.,Pingbig may, in its sole discretion, adjust the account minimum required for payment effective upon notice to the Partner. Depending on the payment methods the Partner chooses, certain processing fees may apply (for example, PayPal fees). If the Partner closes its account carrying less than the minimum payout balance, that remaining amount will be paid within six months after the cancellation of all agreements between Pingbig and the Partner, as long as no new agreement is made by Pingbig and the Partner within this period.
- The Partner is responsible for providing Pingbig with its current, valid payment details,, and any other information Pingbig requests. The Partner is solely liable for any consequences of providing incorrect and out-of-date information. Pingbig has the option in its sole discretion to withhold payment of commissions until the information described in this paragraph is provide. Partners are expected to issue invoices to Pingbig after the account minimum has been reached. Partners may only submitted electronic invoices to accounts@Pingbig.com based upon Partner account information.
- The Partner acknowledges that Pinggtee may file certain documents HMRC to comply with applicable law However, the Partner agrees that Pingbig is not liable for the consequences of any such filing; is in no way responsible for collecting, reporting, or remitting any taxes arising from or relating to the Partner's own income relating to these commissions; and that Pingbig has no duty to maintain records for the Partner's benefit, including for the Partner's tax purposes.
- If the Partner fails to provide valid information described in paragraph 5(d) above, and does not respond to requests for valid information within a one-year period starting from the first message sent by Pingbig asking for valid information, then the Partner waives all rights and claims to unpaid commissions remaining in its account.
- The Partner may receive a commission for sales of Pingbig products connected with the Partner's account. Commissions vary depending on the settings that the Partner chooses in the Partner Account:
Use of the Shop by the PartnerPingbig makes a white-label shop site available to the Partner (for example, via a Pingbig,co.uk URL), but the Partner may publish or embed the shop on its own website. In that case, the shop is published via an electronic reference ("link") provided by Pingbig which the Partner embeds in his website and which refers to its shop. The Partner must use the link and website generated by Pingbig without any changes. In particular, the Partner may not change Pingbig’s advertisements, branding, terms and conditions, or other similar content. The Partner agrees that it does not have and will not earn, through use of the site and service, any ownership, interest, or other rights in the URLs provided by Pingbig , any designs or interfaces implemented by Pingbig which the Partner uses or requests, or any rank or placement on search results generally (for example, as a result of search-engine optimization efforts by the Partner).
Contractual Relationships, Service, & Order restrictionsCustomers purchasing products are customers of Pinggtee’s. This relationship between customers and Pingbig is independent of any possible relationships and contracts between the Partner and the customer who may visit other websites of the Partner. Thus, all customer orders, customer service, and related matters are governed solely by the rules, guidelines, and business practices of Pingbig. Pingbig is responsible for all processing and execution of orders. To that end, Pingbig creates order forms, books payments, processes cancellations and returns, and is solely responsible for customer service. Pingbig may reject any orders which do not meet its requirements, and may reject orders from customers who are known for not being credit-wor thy or show as being a credit risk.
Pingbig’sRight to Change ServicesPingbig may change the Shop Administration system, shop offerings, product offerings, guidelines, base product prices, general pricing, availability, business operations, and order processing at any time.
Sales ReportsPingbig facilitates all sales made in shops and provides the Partner with a summary of its sales statistics. Pingbig may modify the form and content of this information at any time in its sole discretion.
Term and TerminationThis agreement continues indefinitely until it is terminated by either party. Partners may terminate by deactivating their shops in the Partner Account provided online by Pingbig. Pingbig may terminate this agreement effective immediately if the Partner violates any term, or the spirit of any term, of this agreement and may also terminate at any time, for any reason or no reason, effective immediately, by notifying the Partner via the email address provided in the Partner Account.