Terms & CONDITIONS
Of SerVICE
Terms & Conditions of Service: The Agreement
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The following Terms set out the Agreement for which all of our Products and Services are to be used and provided in accordance with. It is important to read and understand the content outlined hereunder prior to purchasing, requesting, using and/or registering for any of our products, services and/or plans outlined herein and, in doing so, you accept that you are entering into a legally binding Agreement with us. We recommended that you print a copy of these Terms and Conditions for your reference.
1. Definition of Terms.
For the purpose of this Agreement:
1.1. The terms 'us', 'we', 'our' and 'BusiKind' refer to Business Kind Ltd.
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1.2. The terms 'you', 'your', 'they', 'their', ‘them’, ‘Member’, ‘Applicant’, 'Client', 'Customer' and/or ‘Data Subject’ refer to the individual(s) or business requesting, purchasing and/or registering for any of our Products and/or Services including Membership.
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1.3. The term 'Agreement' and ‘Terms’ refers to these Terms and Conditions of Service in its entirety.
1.4. The term 'Services' refers to those set out in Section 3 of this Agreement, the requesting of Services as set out in Section 4 of the Agreement and the provision of Services as set out in Section 5 of the Agreement.
1 .5. The term ‘Application’ refers to the Application for a Business Account and the Registration thereto by the Client as set out in Section 6 of this Agreement.
1.6. The term ‘Account’ refers to the Business Account that the Client registers for in order to use the related Services, and the payment terms thereof, as set out in Section 7 of this Agreement.
1.7. The term ‘Membership’ and ‘Subscription’ refer to the Marketing Membership Subscription Plan as set out in Section 8 of this Agreement.
1.8. The term ‘Products’ refers to those, and the use thereof, as set out in Section 9 of this Agreement.
1.9. The terms ‘Store’ and ‘Design Store’ refer to The Design Store, and your agreed use thereof, as set out in Section 9.4 of this Agreement.
1.10. The terms ‘Shop’ and ‘Gift Shop’ refer to The Gift Shop, and your agreed use thereof, as set out in Section 9.5 of this Agreement.
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1.11. The terms ‘Gift Guide’ and ‘The Gift Guide’ refers to The 2024 Christmas Gift Guide, and your agreed use thereof, as set out in Section 10 of this Agreement.
2. The Agreement.
2.1. The Client agrees that by purchasing, requesting and/or using any of our Products and Services that they have fully read and accept these Terms.
2.2. The Client agrees that, on purchasing, requesting, registering for and or using any of our Products and/or Services that they have entered into a legally binding relationship with us.
2.3. The Client agrees to request our Services in accordance with Section 4 of this Agreement.
2.4. BusiKind agrees to provide Services to the Client in accordance with Section 5 of this Agreement.
2.5. The Customer agrees to ordering or purchasing both our Store and/or Shop Products in accordance with Section 9 of this Agreement.
2.6. BusiKind agrees to provide Design Store Products in accordance with Section 9.5 of this Agreement.
2.7. BusiKind agrees that the provision of Gift Shop Products should be made in accordance with Section 9.6 of This Agreement.
2.8. The Retailer agrees to request and pay for product listing space within The Gift Guide in accordance with Section 10 of this Agreement.
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2.9. BusiKind agrees that the provision of listing space with The Gift Guide should be made in accordance with Section 10 of this Agreement.
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2.10. The Client agrees that in subscribing to, and in the course of, using our Membership that they will comply with the Terms set out in Section 8 of this Agreement.
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2.11. The Client confirms that in submitting an Application to create a Business Account, submitting a Listing Request Form for The 2024 Christmas Gift Guide and/or by subscribing to join our Membership that the information supplied by them at the time of submission is true and accurate.
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2.12. The Client agrees to immediately notify us in writing of any changes to the information originally provided at point of Application or Request either by email to info@busikind.co.uk or by writing to us at our registered office Business Kind Ltd, 20-22 Wenlock Road, London, N1 7GU.
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2.13. The Client and/or Member agrees that only authorised individuals will be able to access or use their Business Account and/or Membership.
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2.14. The Client and/or Member agrees that BusiKind is not responsible for any misuse of their Account and/or Membership in the event that any unauthorised individual(s) access, use or make changes to their Account and/or Membership as a result of the Client and/or Member providing access to their Account and/or Membership information. Furthermore, the Client agrees that they will be liable for any charges incurred or damages resulting from any unauthorised use thereof.
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2.15. Services, including Membership, access to our website and our digital products, including The Gift Guide, may be subject to unforeseen disruption in the event of technical difficulties that are beyond our control and/or as a result of any of our third-party suppliers experiencing technical difficulties outside of the supplier(s) control that may prevent products and/or services being accessible and/or delayed, as such, BusiKind cannot be held responsible for any delays and/or inaccessibility experienced by the Client, Member and/or Retailer under such circumstances.
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2.16. The Client, Member, Retailer and/or Customer understands that there are specific copyright and licensing terms that they must comply with in the use and/or purchasing of our Services (refer to Section 5.14), Membership (refer to Section 8.6 and 8.7), Design Store Products (refer to Section 9.5 (vii)) and/or The Gift Guide (refer to Section 10) and agree to adhere to the terms as outlined within the relevant sections of this Agreement that have been referenced herein.
3. The Services.
3.1. Our Services can be used by both individuals and businesses.
3.2. The Services offered by BusiKind are predominantly design orientated and are available in the form of Media Design for digital and print purposes, Social Media Setup & Design, QR Codes & Campaigns and Typography Caption Pack (Overlay) Design.
3.3. The Services are carried out in an external capacity to the Client’s location.
3.4. Services are made available to the Client further to the completion of their Application for a Business Account and our formal acceptance of it.
3.5. Upon the processing and approval of an Application, we will notify the Applicant, in writing, within 5 working days of their Application with confirmation of the Account and its allocated Account number. This will be sent to the email address provided at point of registration.
3.6. We reserve the right to refuse any Application at our discretion.
3.7. If the Application is unsuccessful, we will notify the Applicant, in writing, within 5 working days of Application to use the Services.
3.8. Further to receiving an approved Application, the Client agrees to quote their Account number in all communications with us and they accept responsibility for any delays that may result when it has not been quoted.
3.9. BusiKind reserves the right to refuse Services at our discretion and/or withhold completed work to Client’s without notice in the event that there is an unpaid balance on their Account.
4. Requesting Services.
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4.1. The Client agrees to request and use our Services in accordance with these Terms.
4.2. The Client agrees to quote their Account number in all communications with us and they accept responsibility for any delays that may result when it has not been quoted.
4.3. The Client accepts full responsibility for failing to request work in accordance with our procedures and any resulting inaccuracies and/or delays thereto.
4.4. The Client agrees to inform us in writing if they require and permit any other individual(s) to be authorised to use their Account, advising us of the individual(s) full name and the email address to be used by each individual in their requests for Services, as well as their preferred method for the delivery of any requested work.
4.5. The Client agrees that no unauthorised individual should use their account without first receiving a written acknowledgement confirming their authorised status from us.
4.6. The Client agrees that if they permit anyone else to use their Account it is at the Client’s own risk and that they accept full responsibility for any misuse thereof and understand that the Client is responsible for settling any balance that may have been incurred on the Account as a result.
4.7. The Client agrees that when supplying file(s) to be incorporated into their requested Service work that they need to be clearly identifiable by referencing with their Account name and for the intended purpose. E.g. Account Name – Logo For Menu Cover, Account Name - Image 1 For A5 Leaflet, etc.
4.8. The Client accepts full responsibility for failing to name the file(s) they submit to us as outlined in Section 4.7. of this Agreement and any resulting inaccuracies and/or delays in the Services we provide.
4.9. The Client agrees that they will only submit file(s) to BusiKind that have been checked to be free from viruses and corruption and agree to supply file(s) via the appropriate medium of delivery that has been specified by us.
4.10. BusiKind reserves the right to refuse use of the Client’s existing file(s) being supplied to us if we believe them to be unsafe and/or unsuitable for their intended purpose.
4.11. The Client agrees that it is their responsibility to ensure that any files purchased from us, in any capacity, for digital and/or social media purposes render correctly on their preferred viewing devices and/or social media platforms and/or within their chosen website browsers and so on, prior to publishing and/or uploading the files online. Accordingly, BusiKind does not accept any responsibility for any liability that may result due to non-adherence to these Terms.
5. Provision of Services
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5.1. BusiKind will only accept requests for Services that include the Client's Business Account Number.
5.2. BusiKind’s Services and communications are predominantly provided by way of electronic mail (e-mail) and/or other suitable mediums agreed with the Client before supply and/or delivery of required and/or created file(s).
5.3. BusiKind will only submit completed work by specified medium for delivery to the individual(s) and/or e-mail address(es) specified by the Client and/or acknowledged authorised individual(s) only.
5.4. The Client accepts that if a preferred alternative e-mail address or delivery method is not specified and agreed at point of requesting our Services and/or within the timeframes outlined within Section 5.6 that BusiKind will automatically apply the registered Account Email address for the submission of the related work and/or request, unless it has been otherwise agreed with us in advance.
5.5. We agree that any work undertaken will either be completed within the timeframe as outlined in Section 5.6 or as otherwise agreed with the Client subject to the Client honouring their associated obligations in a timely fashion.
5.6. Details of the approximate turnaround times that we work to for our various Services are outlined hereunder and are subject to the timely receipt of all required relevant information and/or file(s) from the Client in order for us to proceed with the work being requested on their behalf:
​i. For the Digital & Print Media Design Service (excluding multiple page files), we aim to supply a first draft file within 5 working days of agreeing the work per file. See Sections 5.9 and 5.10 for information relating to artwork created as part of our Media Design Service.
ii. For the QR Code Services (excluding campaigns), we aim to supply completed QR code files within 3 working days of agreeing the work. See Section 5.11 of these Terms for details about the QR Code Service.
iii. For the Social Media Setup Service, we aim to create the social network profile and/or account as applicable within 7 working days of receiving all required information from the Client in order to complete the work as necessary for the specific social media account type being requested.
iv. For the Social Media Design Services (excluding packages), we aim to supply first draft file(s) within 5 working days of the requested work being agreed.
v. The Client agrees that a timeframe for turnaround of Service Requests relating to multiple page Media Design files, Social Media design packages, QR Code campaigns and/or Typography Packs (Overlays) will be estimated by us upon processing the Client’s specifications.
vi. The Client accepts that work being requested by them can only be proceeded with and/or completed by us subject to the timeliness of them supplying any relevant file(s), media, information that they require to be incorporated into their file design(s) and/or their review and approval of any revisions supplied by us.
5.7. We reserve the right to refuse any request for Services at our discretion and/or in the event that we believe the Account activity to be unauthorised by the Client.
5.8. BusiKind agrees to notify the requesting individual by e-mail of any Service request being refused within 1 working day of its receipt.
5.9. Media Design (Print Design) Service: The artwork produced for print design purposes by BusiKind as part of our Media Design Services are created to UK Standards as outlined herein and are typically provided in JPG, PDF and/or INDD (Adobe InDesign) formats. Files designed for print are created in accordance with the following specifications:
- Colour Mode: CMYK
- Margins: 3mm
- Bleed: 3mm
- Resolution: 300 DPI (Dots Per Inch)
The dimensions adhered to for the document sizes we create for print purposes as follows:
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- A3: 297 x 420 mm
- A4: 210 x 297 mm
- A5: 148 x 210 mm
- A6: 105 x 148 mm
- DL: 210 x 99 mm
- Business and Service Cards: 85 x 55 mm
The above dimensions are width by height to display landscape orientation. To ascertain dimensions to display as portrait orientation, swap the dimensions around for each page size, for example, the A3 dimensions of 297mm x 420 mm becomes 420mm x 297mm.
Furthermore, the Client agrees that the onus is with them to ensure that all files intended for print are being provided to a Printer of their choice whom operates in accordance with the print specifications advised herein.
5.10. Media Design (Digital Design) Service: Files designed for digital use as part of our Media Design Services are created in RGB colour mode and are exported to a resolution of either 72, 96, 150 and/or 300 PPI (Pixels Per Inch) subject to the Client’s requirements. Digital files are typically provided in PNG, PDF and/or INDD formats.
Artwork created for use within social media platforms are produced to each social network’s own specifications. The Client’s publishing of such files must be in accordance with Section 4.11 of this Agreement.
5.11. QR Codes Service: Our QR Codes render at a resolution of 300 PPI as standard and are typically provided in PNG Format to the Client; either independently as a file in their own right or as a file that is incorporated into a print and/or digital media design that we have been commissioned to create on the Client’s behalf i.e. a QR Code image within a leaflet design.
The client understands and agrees that QR Codes supplied independently must not display smaller than 3cm x 3cm when being incorporated into any media created for small print purposes (please refer to the sizes that we have specified within Section 5.9 of this Agreement for small print formats) in order for them to work effectively and that the onus is on the Client to ensure this is the case.
The length of a website address being used as a landing page when a QR code is scanned and/or the inclusion of an image into a QR code design, i.e. a logo, can adversely affect the ability of the QR Code to work and therefore cannot be guaranteed by us, in which case the Client would not be charged for any defective QR code that results.
We will always ensure that the QR Codes we create are working before they are supplied to the Client either as a file in their own right and/or within a design file that we have created on the Client’s behalf. In the event that a QR Code cannot work once we have created it, and an alternative is not preferred by the Client, no charge will be incurred by the Client or a full refund for the QR code will be issued where monies have already been received.
Our QR codes are available in three options, as outlined hereunder:
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i. Traditional QR Codes are available at a rate of £80 per code and can be set up with the following ‘Calls To Action’ (CTAs):
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a. Go To A Website URL
b. Share Contact Details
c. Share Information (plain text)
d. Call A Telephone Number
e. Send An Email
f. Send An SMS
g. Find A Location
h. Connect To Wi-Fi Network
ii. Social Network QR Codes have predefined themes and are available at a rate of £100 per code for the following social network types:
a. Facebook
b. X (Formerly Twitter)
c. LinkedIn
d. Instagram
e. Pinterest
f. YouTube
g. Wi-Fi Network
iii. Custom QR Codes are available at a rate of £150 per code. Customisable elements of the code allow for the following design variables:
a. Colour: Choose your brand colour(s) with single and dual colour options being possible.
b. Inner Pattern: The inner pattern known as the ‘module’ pattern can either be square, square-rounded or rounded.
c. Corner Shapes: The corner shapes known as the ‘eyes’ can either be square as they appear in Traditional types, rounded square or round.
d. Logo/Graphic Inclusion: A logo or image can be incorporated into the design.
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5.12. Typography Caption Pack Design Service: Typography Caption Packs or Design Overlays are a set of either one-word or upto four-word overlays/caption designs that we can create on your behalf to be used as design elements within your literature, media files or can be incorporated into merchandise as designs in their own right.
File specifications for each Typography overlay file created is outlined hereunder:
- File Size: 8000 x 4000 Pixels per file
- File Format: PNG (Transparency)
- Resolution: 300 PPI (Pixels Per Inch)
- Colour Mode: CMYK
- Font Colour Supplied: Each File is Supplied in Black and in White or two alternative solid CMYK colours can be specified by the Client for the set options outlined below.
- Fonts used are free for commercial use.
The Client accepts and agrees to adhere to the ‘Copyright & Licensing’ Terms for our overlay designs as defined in Section 5.14 of this Agreement.
Typography Caption Packs are supplied in both black and white fonts and are currently available in three options as outlined below:
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1 Word /4 Words
- 10 Captions (20 Files): £25/£100
- 25 Captions (50 Files): £50/£200
- 50 Captions (100 Files): £100/£400
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Quotes can be provided for additional colour options, customised requirements of 50 overlay captions or more and for those requiring multi-coloured caption options.
5.13. Social Media Setup & Design Service: BusiKind currently offer setup services for two social media networks; Facebook and/or Instagram. The service details for each network and the setting up of an account and/or profile are outlined hereunder.
i. The Facebook Setup & Design Service. This service is specifically for the setting up of a Facebook Business Page of your choice from those types available which is priced at £350 and entails the following work:
a. A search for your preferred Facebook Page name, this is the weblink or URL (Uniform Resource Locator) used for your Facebook Page, and its registration on your behalf, which is subject to its availability.
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b. As standard, the Facebook Business Page will be setup by us to include the following information as supplied by the Client:
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- Business Name. Facebook currently imposes that page names must be at least 5 characters in length.
- Categorisation. Facebook allow to associate pages with upto three categories, which can be chosen to describe the type of business, organisation or topic of the Page subject to the category being an option i.e. café, internet café and/or coffee shop could all be specified for a café business.
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- Full Trading or Business Address. This feature is only applicable to business and/or brand Pages. It is not possible to provide an address for community and/or public figure pages.
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- Contact Details. Including Telephone number and Email Address.
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- Website Address. If applicable, where the Client has a registered domain name, this will be the Client’s specified website address.
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- A description. The Client can supply a brief overview to summarise what the business does, products, services or the purpose of the Page. Facebook imposes a character limit of no more than 255 Characters for this section.
c. Facebook Cover Design: As part of the service we include the design of the Facebook cover for your business page which includes a Traditional QR Code (See Section 5.11 (i) for information about our Traditional QR Codes) created to your brief and the message you wish it to convey.
Design files are created to Facebook’s current specifications and exporting recommendations. The design file for your cover will, therefore, be supplied in PNG format at a resolution of 72 PPI.
It is possible for us to provide files with a resolution of 150 PPI and 300 PPI if preferred however these variations in resolution will impact the display size upon the social media platform, across viewing devices and website browsers and how they render, therefore it is important to ensure that any publishing of such design files by the Client to your Facebook Account is done so with this in mind and in accordance with Section 4.11 of this Agreement.
d. Facebook Profile Image: We will create the profile image/icon for your page using your logo where permitting and if you have one available, alternatively we will use text or graphic imagery that represents your business in its place. Design files for Facebook profile images are created in accordance with Facebook’s specifications and exporting recommendations and will be PNG format.
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e. Upon completion of our setup service, we can publish your Facebook page as part of the services which would enable it to be visible to the public. This will only happen once all design files are in place. Alternatively, the Client can opt to have the page left as unpublished. This means that it will only be visible to any admin member(s) assigned to manage/use the Page, in which case, this will initially be BusiKind until the Client specifies an existing Facebook user who they wish to manage their Page formally upon completion of our Setup Service.
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f. The Client understands that they must have a personal profile for Facebook, i.e. be a Facebook user personally, in order to manage and use their Facebook Business Page. Alternatively, if not, the Client understands that they would need to entrust another individual and/or business who does have access to Facebook in this capacity in order to do this on the Client’s behalf.
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g. Further to completion of our setup service, we will ensure that any files that have not yet been supplied to the client and have been created as part of this service are supplied to the Client for their future referral and/use. These will include the Facebook cover and the Facebook profile icon files as outlined above.
ii. The Instagram Setup & Design Service. This service is specifically for the setting up of an Instagram Profile for your business which is priced at £350 and entails the following work:
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a. A name search for your preferred Instagram URL (Uniform Resource Locator) and its registration on your behalf subject to its availability. Instagram currently impose a restriction of not more than 30 characters for Profile names.
b. The Instagram Profile will be setup by us to include the following information as supplied by the Client:
- Username. This is the name that we register as the Instagram URL. The username is used for web link and ‘tagging’ purposes i.e. ours is @busikind.
- Preferred Name. This should reflect your business name as preferred and is the name that appears on the Profile for your business. This is different to the Username.
- Website Address. If applicable, where the Client has a registered domain name, this will be the Client’s specified website address.
- A Description. This is a brief biography that summarises the business and/or provides a brief descriptive overview of the profile. Keywords with hashtags can be included. Instagram impose a character limit of no more than 150 Characters in total.
- Personal Information. This requires a telephone number and an email address which, if preferred, are not required to be displayed publicly. However, the Client understands that Instagram requires to verify the telephone number that they supply.
c. Instagram Post Design: As part of this service, we include the design of three posts to use within your Instagram profile. These three posts can either be designed as three separate designs in their own right to convey various messages/themes or they can be designed in the form of a ‘Carousel’ or ‘Spread’ seamlessly connecting from one to the next within one post as a ‘Carousel’ or viewed as a ‘Spread’ within the Instagram profile’s ‘Grid View’.
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d. Instagram Profile Image: As with the Facebook service, we will also assign your logo (where one is available) to be your profile image. Alternatively, we will use text or graphic imagery that represents your business in its place.
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e. The Client understands that in accordance with Instagram’s criteria, Instagram Profiles can currently be set up and managed independently of any personal profile.
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f. The Client understands that the Instagram Profile can be setup as private or public as per the Client’s requirements. This can be altered by the Client at any time.
iii. In setting up a Profile for Instagram and/or a Business Page for Facebook, the Client understands that these are separate agreements between them and Instagram and/or Facebook that they are entering into respectively by requesting our services. The Client therefore agrees to do their own due diligence before requesting this service of us to ensure that they are happy with the other parties’ own terms of business which are separate from ours. Accordingly, the Client also therefore understands and agrees that BusiKind is not affiliated with Facebook and/or Instagram and the provisions of the services delivered by Facebook and/or Instagram and/or the reliability of such services are not provided by nor are they the responsibility of BusiKind. Accordingly, the Client understands and agrees that they will address any such issues directly with Facebook and/or Instagram should they arise.
iv. Further Considerations. Prior to the setting up of a Facebook Page and/or an Instagram Account it is important to consider that if and/or when opting for an Instagram profile without connecting it to a corresponding Facebook Page, that you could then only post and/or edit posts from within the Instagram Application (App) itself which, currently, can only be done using a mobile device and/or tablet that enables use of the Instagram App.
Alternatively, if you did opt for a corresponding Facebook Page for your business, this Page would then be connected and synchronised to your Instagram Profile. In this case, Clients are enabled to streamline account posts to both platforms from within Facebook via the Facebook Business Suite, making the posting and/or editing of posts more convenient.
5.14. Copyright & Licensing Restrictions For The Services: Fonts used within our Design Overlay files and/or Typography Caption Packs are ‘Free for Commercial Use’ and therefore this file type can be incorporated into the Client’s own merchandise and/or craft items and/or products in order for resale purposes. However, the Design Overlay file(s) supplied by us in itself, be it independently or as part of a set, are not permitted for resale and remain the exclusive property and copyright of BusiKind.
Any other design file(s) provided by us in the course of delivering our Services to you are authorised for Personal Use Only, i.e. any files obtained for print or digital purposes other than those specifically created as design overlays. Therefore, these file(s) cannot be used for resale/commercial purposes in their own right ‘as is’. File format permitting, they may be edited for the Customer’s personal/business requirements for marketing with their own information, images, products and/or services but under no circumstances should any of the files supplied by us or any of the content contained within the file(s), i.e. the graphics, images and/or wording, be ‘sold on’ for commercial purposes.
Any graphics and/or images used within our files are Royalty Free unless advised otherwise. Therefore, there are no restrictions on the number of times the graphics and/or images that may be contained within any of these files can be viewed online or used within print literature.
Copyright of all files the Client obtains during the course of using our Services remain the sole and exclusive property of Business Kind Ltd unless the content provided in its entirety therein belongs to the Client, in which case the copyright will exclusively be the Client’s.
6. The Business Account
6.1. Business Kind offer The Business Account for users of our bespoke Services only i.e. Media Design, Social Media and QR Code Services.
6.2. The Client agrees to pay for the Services that they request in accordance with the Payment Terms of their Account as outlined in Section 7 of this Agreement.
6.3. Further to successful Application, Business Kind will notify the Client of their Account’s approval and issue them with a Business Account number to use in all correspondence.
6.4. The Client agrees that they will be billed for Services in accordance with the prices outlined within the relevant Service page(s) of our website and/or current business literature or as per the final agreed price quoted by us.
6.5. The Client understands that they can obtain up-to-date pricing information from the relevant Service page(s) within our website and the fact sheets linked therein or can request up-to-date prices by emailing a request to us at info@busikind.co.uk
6.6. Payments for our bespoke Services can be made by cheque or by bank transfer to our business bank account as detailed upon our invoices or online through www.paypal.co.uk to e-mail address accounts@busikind.co.uk or via the PayPal link within the footer of our website www.busikind.co.uk quoting the relevant invoice or business account number.
7. Payment Terms For The Business Account
7.1. The Client accepts that there is no credit available for the purposes of the Business Account.
7.2. The Client accepts that when Paying for the Services as outlined in Section 5 and using the Account:
i. The payment terms for any work requested by the Client will be in two equal parts on a 50/50 basis.
ii. The Client agrees that the initial invoice is equal to 50% of the total value of the work being requested by them.
iii. The Client agrees to pay 50% deposit for the total value of work being requested upon receipt of our initial invoice. This will be the full value of the initial invoice.
iv. The Client will be invoiced again when the final work has either been approved or is complete and agrees to pay the final balance due upon receipt of invoice. This will be the full value of the invoice.
v. The Client agrees that if they request work that alters the end value of the original request further to the first invoice being issued, they will incur a second set of invoices to take any additional costs into account and these will be billed on the same basis as outlined herein.
7.3. BusiKind reserve the right to apply charges and/or interest on overdue balances.
7.4. The Client accepts that Account payments must be made and cleared within 7 days from date of invoice and for the full value invoiced by us in order for the work undertaken by us to either continue or for it to be supplied without delay.
8. The Marketing Membership Plan (Membership)
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8.1. The Marketing Membership is a subscription plan.
8.2. The Marketing Membership costs £9.99 per month.
8.3. Registering for a website account is required when subscribing for Membership. This is not the same as a Business Account. Registering for a website account via the website will entail the Subscriber to create a username and password so that they can securely access the Membership features once subscribed via the Member Area as well as to Log In to the website account where they can manage their Subscription to this Plan.
8.4. Access and/or use of the Membership features and its content is obtained by signing into the Member’s Area of the website.
8.5. Once subscribed, immediate access is obtained to the Membership and its features which are outlined hereunder:
i. Templates for print and/or digital design and marketing. Templates are supplied in either Adobe InDesign (INDD) and/or PDF (Portable Document Format) file formats which are specified within the item description of each item available within the Member’s Area.
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ii. Design Overlays, Elements & Captions. These are high resolution files supplied in PNG format with transparency included where applicable. These items are created as themed overlays, design elements and/or captions to be used within print and/or digital media and/or merchandise as required by the Subscriber. Files are created in accordance with the following specifications:
- Colour Mode: CMYK
- Dimensions: 8000 x 4000 pixels
- Resolution: 300 PPI (Pixels Per Inch)
iii. InDesign ‘Learn & Create’ Tutorials: Access is provided to ‘how to’ tutorials that demonstrate the fundamentals of designing for print and digital content using Adobe InDesign (Part of the Adobe Creative Cloud Suite) which is not included in this Subscription.
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iv. Colour Swatches & Palettes For Use Within Adobe InDesign. Access is given to Subscribers to a range of single swatches and themed colour palette files which are available for uploading and incorporating into the Subscriber’s own artwork/designs. These colour swatch files are provided in Adobe Swatch Exchange (ASE) format and have been created for specific use within Adobe InDesign and the applicable Adobe Suite applications. They are also compatible with Procreate. These files need to be uploaded to the applicable application in order for them to be used. Instructions for their use within InDesign is provided within the applicable Item Description. Where Pantone colour names are referenced, these palettes and colour swatches are created in accordance with Pantone's own 'best match' recommendations for the applicable CMYK and /or RGB colour file(s) provided.
v. Quick Reference Guides. BusiKind have compiled various resources for quick reference purposes such as guides and/or explainers that may contain information such as tips, size guides, conversion tables, design terminology, print and social media ‘know how’, and so on. The Member understands that our ‘Quick Reference Guides & Explainers’ are for reference purposes only and are conveniently located together within the Quick Reference Guide section of the Member’s Area for ease of reference.
Furthermore, some of the information provided therein may be subject to change due to the nature of the content and, therefore, may become outdated. The Member therefore agrees that these files are not to be treated as current, official and/or legal advice and the Member agrees that the onus is on them to perform their own due diligence before employing any of the information from within our guides and/or explainers for their own purposes should they require the use of this information in a professional capacity, i.e. when using to produce work for a paying client, etc and/or whereby they must ensure the accuracy of the content they create and/or supply to another party.
8.6. The Member understands and accepts that they are only permitted to edit and sell on Templates and/or Design Overlay files obtained from within the Membership Plan under the following conditions:
i. The Member agrees that they are not permitted to sell Templates on ‘as is’ in the condition originally supplied by us. Therefore, the actual template file supplied by us, in itself, is not permitted for resale.
ii. The Member agrees that in order to use our Membership Templates for resale purposes that all images and/or graphics contained within the Template(s) must first be removed and/or replaced with their own images and/or graphics beforehand and that all text must be changed out with their own replacement text.
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iii. The Member understands that they are not required to change the design layout and/or the formatting of text within any Template in order for it to be used for their commercial purposes. Fonts used within our digital and print Template files are ‘Free For Commercial Use’.
iv. Fonts used within our Overlay Designs are ‘Free for Commercial Use’ and therefore can be incorporated into the Member’s own merchandise and/or craft items and/or products in order for them to be sold on by the Member. However, the actual Design Overlay file supplied by us, in itself, is not permitted for resale.
v. Copyright of all Template and Design Overlay files obtained from within The Design Store remain the sole and exclusive property of Business Kind Ltd.
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vi. The Member agrees that the act of subscribing to our Membership constitutes to their agreement of these Terms.
8.7. Images used within the digital and print Template files are Royalty Free. There are no restrictions or limitations on the number of times that the graphics and/or images contained within any of our Template files can be viewed online or used within print literature.
8.8. All relevant information, specific to each file that is available for download as part of Membership, is detailed within the Item Description given for it.
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8.9. Files produced by BusiKind for print design purposes are created to UK Standards and are available either as a PDF (Portable Document Format) and/or INDD (Adobe InDesign) format for download from within The Membership Plan. The specific file format and information is advised within each Item Description. It is the Member’s responsibility to ensure they have access to the correct software for editing any of the file(s) they wish to use as outlined within Section 8.13 of this Agreement.
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All files designed for print are first created within Adobe InDesign in accordance with the following design specifications:
- Colour Mode: CMYK
- Margins: 3mm
- Bleed: 3mm
- Resolution: 300 DPI (Dots Per Inch)
The dimensions adhered to for the document sizes we create within the Membership Plan for print purposes are outlined as follows:
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- A3: 297 x 420 mm
- A4: 210 x 297 mm
- A5: 148 x 210 mm
- A6: 105 x 148 mm
- DL: 210 x 99 mm
- Business and Service Cards: 85 x 55 mm
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The above dimensions are width by height to display landscape orientation. To ascertain dimensions to display as portrait orientation, exchange the dimensions for each page size, for example, the A3 page dimensions of 297mm x 420 mm becomes 420mm x 297mm.
Furthermore, the Member agrees that the onus is with them to ensure that all files intended for print are being provided to a Printer of their choice whom operates in accordance with the print specifications advised herein.
8.10. Files produced by BusiKind as part of our Membership for digital use are typically created in RGB colour mode and are typically exported to a resolution of 300 PPI (Pixels Per Inch). Digital files are typically provided in PDF and/or INDD formats for download from within the Member’s Area. The specific file format and information is advised within each Item Description. It is the Member’s responsibility to ensure they have access to the correct software for editing any of the file(s) they wish to use as outlined within Section 8.13 of this Agreement.
Furthermore, files created for use within social media platforms have been produced to each network’s own specifications. The Member’s publishing of such files must be in accordance with Section 4.11 of this Agreement.
8.11. In the event that a Member experiences a technical fault or issue with any of our files, i.e. if it cannot be opened or is not the file as per the Item Description provided, you should advise us as soon as possible at info@busikind.co.uk in order for us to help resolve any issues where appropriate and/or possible that may arise with any file downloaded as part of our Membership. It is the Member’s responsibility to ensure they have access to the correct software for editing any digital file(s) they wish to download from the Membership as outlined within Sections 8.12 and 8.13 of this Agreement.
8.12. The Member agrees that they are aware that in order to benefit the most from subscribing to our Membership that access to certain software would be necessary, namely Adobe InDesign for creating designs from our ‘Learn & Create Tutorials’, for uploading colour swatches and/or palettes to, for editing InDesign Templates (where applicable), and Adobe Acrobat Pro DC is required for editing our PDF Templates (where applicable).
8.13. The Member understands that neither Adobe InDesign nor Adobe Acrobat Pro DC are supplied as part of our Membership. However, as an Adobe Affiliate we do promote various Adobe products and/or free trials for Adobe InDesign and Acrobat Pro DC which can be viewed and obtained via the Adobe banner adverts embedded within our website. Furthermore, the Member understands and agrees that any decision by them to obtain any such trials, make any purchases or form any agreements with Adobe means that they are entering into a separate agreement from ours, with Adobe, in order to obtain Adobe’s products and/or services. The Member therefore agrees to do their own due diligence beforehand to ensure that they are agreeable to Adobe’s own terms of service which the member understands is separate to our Terms. Accordingly, the Member also therefore agrees that the provisions of such services and/or products delivered by Adobe and/or the reliability of such products and/or services is not the responsibility of BusiKind nor within the capability of BusiKind to resolve. Accordingly, the Member agrees that they will address any such issues and/or disputes directly with Adobe should they arise.
8.14. The Member agrees that BusiKind will not be held responsible for any disruption to the use of our Membership and/or its availability that result from any of our third-party service providers being unable to fulfil obligations to us as a result of technical difficulties that are beyond ours and/or the third-party’s control. Therefore, the Member accepts that Membership may be subject to disruption without notice in the event of technical difficulties that are beyond our control and that BusiKind cannot be held responsible for any limitation and/or delays to availability and/or accessibility of the service and/or its features should it arise.
8.15. The Member understands that access to Membership and its features will be withheld in the event of a failed Subscription renewal payment.
8.16. The Member understands that Membership plans automatically renew on a monthly basis unless the Member cancels their Subscription beforehand.
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8.17. The Membership Plan can be managed through signing into their website account. See Section 8.18 for details of the website account, how to login to it and its features.
8.18. The website account is for anyone who uses and/or makes any kind of purchase directly from within our website. Therefore, it is not just specifically for the use of our Marketing Membership Plan holders. The Marketing Membership Plan holder becomes a website member when they subscribe to and/or purchase the Marketing Membership Plan. The website account can be accessed via the ‘Login’ area located at the top right-hand side of our website using the username and password specified by you either when registering for a website account or at point of subscription/purchase. The various sections and functions of the website account are outlined hereunder:
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i. My Orders. Use this section to check the status of orders that you have placed from within either the Design Store and/or Gift Shop or browse through your past purchases from either that apply.
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ii. My Wallet. Use this section to save and/or manage your credit and/or debit card details that you may have stored to enable faster checkout when making purchases from both the Design Store and/or Gift Shop.
iii. My Subscriptions. Use this section to view and/or manage the subscriptions you've purchased, for example, The Marketing Membership plan. You can also cancel any subscription plans from within this section as outlined in Section 8.19 of these Terms.
v. My Wishlist. Use this section to view, manage and/or purchase any products you’ve saved as ‘favourites’ to your Wishlist from either our Design Store and/or Gift Shop.
vi. My Account. Use this section to view and edit your personal information supplied when registering for a website account. Here, you can manage and/or update your personal contact information including First Name, Last Name, Email Address, telephone number and Delivery Address to be used for your orders and/or payment processing purposes. The information that you provide must be true and accurate and that which you require to be used for the purposes of conducting legitimate business transactions and/or interactions with us.
8.19. The Member understands that Membership can be cancelled at any point by logging into their website account via the ‘Login’ area located at the top right-hand side of our website, navigating to ‘My Subscriptions’ category on the ‘Login’ drop-down bar and choosing the Plan that they require to be cancelled with immediate effect from the options available therein.
8.20. The Member accepts that it is their responsibility to keep their Username and Password for their website account confidential and understand that they should always use a secure internet connection when signing into their website account and/or Member’s Area and ensure that they log out before closing down their secure internet connection. Accordingly, BusiKind cannot be held responsible from any losses, damages or theft of information resulting from the Member not adhering to these Terms.
9. The Products
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9.1. Busikind offer various physical and digital products for direct purchase from our website as outlined hereunder. The two options available are as follows:
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i. Ready-made Digital Products. These files can be purchased directly from The Design Store in accordance with the Terms set out in Section 9.5 of this Agreement; and
ii. Made To Order Physical Products. These are physical products supplied by Printful, our third-party supplier, which can be purchased directly from The Gift Shop in accordance with the Terms set out in Section 9.6 of this Agreement.
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9.2. Customers of either The Design Store and/or The Gift Shop are not required to set up a website account in order to directly purchase any Product from our website. However, the Customer can choose to sign up for a website account which would enable the benefits of being able to review and manage your personal information, Design Store and/or Gift Shop product purchases, manage any subscription plans purchased and manage any products saved within your Wish List. See Section 8.18 for a full breakdown of categories and functions of the website account.
9.3. The Customer accepts that, if they create a website account, that it is their responsibility to keep their website account’s Username and Password confidential and understand that they should always use a secure internet connection when signing into their website account and ensure that they log out before leaving their internet connection. Accordingly, BusiKind cannot be held responsible from any losses, damages or theft of information resulting from the Customer not adhering to these Terms.
9.4. Full payment for products is made by the Customer at point of checking out from both The Gift Shop for physical products and/or The Design Store for our ready-made digital products.
9.5. The Design Store Products are requested and provided in accordance with the following:
i. Our range of Digital Products available for print design purposes within the Design Store currently include, but are not limited to, the following Template types:
a. Single and Double-Sided Themed Leaflets (A6, A5, A4, Half-fold, Tri-Fold);
b. A5 Leaflet & Service Card Sets;
c. Stationery Sets, A4 Letterheads, DL Compliment Slips and Business Cards;
d. Themed Media Packs
ii. Our range of Digital Products available for digital design purposes within the Design Store currently include, but are not limited to, the following Templates for use within Facebook and Instagram:
a. Themed Social Media Post Sets
b. Themed Story Sets
c. Instagram Carousel Post Sets
iii. The artwork produced by BusiKind for print design purposes are created to UK Standards and are available either as a PDF and/or INDD (Adobe InDesign) format for download from within The Design Store. The specific file format is advised within the Product Description. It is the Customer’s responsibility to ensure they have access to the correct software for editing any file(s) they wish to purchase from us as detailed within Section 8.13 of this Agreement.
Furthermore, all files designed for print are first created within Adobe InDesign in accordance with the following design specifications:
- Colour Mode: CMYK
- Margins: 3mm
- Bleed: 3mm
- Resolution: 300 DPI (Dots Per Inch)
The dimensions adhered to for the document sizes we create for print purposes are outlined hereunder:
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- A3: 297 x 420 mm
- A4: 210 x 297 mm
- A5: 148 x 210 mm
- A6: 105 x 148 mm
- DL: 210 x 99 mm
- Business and Service Cards: 85 x 55 mm
The above dimensions are width by height to display landscape orientation. To ascertain dimensions to display as portrait orientation, simply swap over the dimensions for each page size, for example, the A3 dimensions of 297mm x 420 mm becomes 420mm x 297mm.
Furthermore, the Customer agrees that the onus is with them to ensure that all files intended for print are being provided to a Printer of their choice whom operates in accordance with the print specifications advised herein.
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iv. Files produced by BusiKind for digital use as part of our Design Store Products are typically created in RGB colour mode and are typically exported to a resolution of 300 PPI (Pixels Per Inch). Digital files are typically provided in PDF and/or INDD formats for download from within The Design Store. The specific file format an information is advised within the Product Description. It is the Customer’s responsibility to ensure they have access to the correct software for editing any file(s) they wish to purchase from us as detailed within Section 8.13 of this Agreement.
Furthermore, the artwork files created for use within social media platforms have been produced to each network’s own specifications. The Customer’s publishing of such files must be in accordance with Section 4.11 of this Agreement.
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v. File Access & Delivery: Once purchased, a link to directly download the digital product(s) is provided within the ‘Thank You’ page during the online Checkout process. Furthermore, the link to download the file(s) purchased is also automatically sent to the Customer by email and this link is valid for a period of 30 days from date of the purchase.
vi. Returns & Refunds: Due to the nature of this work, once a purchased file has been downloaded, refunds are not permitted. If there is a fault with a file i.e. if it cannot be opened or if the file is not as per the Product Description provided, it will be replaced accordingly. Please contact us at info@busikind.co.uk in order for us to help resolve any issues that may arise with any file purchased where appropriate and/or possible. It is the Customer’s responsibility to ensure they have access to the correct software for editing any digital file(s) they wish to purchase from us as outlined within Section 8.13 of this Agreement. Your consumer rights are not affected.
vii. Copyright & Licensing Restrictions: Templates purchased from within the Design Store are authorised for Personal Use Only. Therefore, template(s) purchased in this capacity cannot be used for resale/commercial purposes. They can be edited for the Customer’s personal/business requirements for marketing of their own information, products and/or services but under no circumstances should any of the files supplied by us or any of the content within the Template file(s) be ‘sold on as is’ for commercial purposes.
Images used within our Templates are Royalty Free. There are no restrictions or limitations on the number of times that the graphics and/or images contained within any of our Template files can be viewed online or used within print literature.
Fonts used within our Design Overlay files are ‘Free for Commercial Use’ and therefore can be incorporated into the Customer’s own merchandise and/or craft items and/or products in order for them to be sold on by the Customer. However, the actual Design Overlay file supplied by us, in itself, is not permitted for resale.
Copyright of all Template and Design Overlay files obtained from within The Design Store remain the sole and exclusive property of Business Kind Ltd.
9.6. The Gift Shop Products are requested and provided in accordance with the Terms outlined hereunder:
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i. Our range of physical Products currently offered within the Gift Shop include, but are not limited to, the following items:
a. Tote Bags. Various sizes and materials as outlined within the Product Description of each Item given within the Gift Shop
b. Laptop Sleeves. Available in 13” and 15” sizes. Materials are outlined within the Product Description of each specific item within the Gift Shop.
c. Pillows. Available in various sizes and materials as outlined within the Product Description of each specific item within the Gift Shop.
d. Children’s Clothing Items. Various items including, but not limited to, baby grows, baby long sleeve body suits, toddler and junior tees/t-shirts, are available in various sizes and materials as outlined within the Product Description of each specific item within the Gift Shop.
ii. The Customer understands that orders placed for any of our Physical Products available within the Gift Store are fulfilled by Printful, our third-party drop shipping supplier, and therefore are supplied in accordance with Printful’s own terms as outlined herein.
iii. Physical products ordered from the Gift Shop are fulfilled on a ‘Made to Order’ basis and as such, are produced to the specification of the Customer’s order. Accordingly, once produced, they cannot be refunded/cancelled and are purchased by Customers on that basis.
iv. Consumer Rights: Please note that as these items are technically 'made to order' this is regarded as being customised and/or personalised and cannot therefore be returned to Printful for reasons of "customer's remorse".
Notice for EU consumers: In accordance with Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:
a. the supply of goods that are made to the consumer's specifications or are clearly personalized;
b. sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons.
v. Order Fulfilment: Orders are fulfilled by Printful and Printful’s fulfilment times are calculated in business days and are estimated by Printful to be as follows:
a. 2-7 business days for apparel products e.g. baby grows, t-shirts, leggings, dresses, etc.
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b. 2-5 business days for non-apparel products e.g. laptop sleeves, posters, mugs, phone cases, etc.
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c. These estimates are for fulfilment of order purposes only and do not include the delivery of orders.
vi. Shipping & Delivery: Once an order is placed, orders are then fulfilled on demand by Printful. Once produced, they are then shipped out in accordance with Printful’s estimated delivery times outlined hereunder:
a. 3-4 business days in the US,
b. 6-10 days in Canada,
c. 5-20 days everywhere else.
d. To estimate expected receipt of your order, add the fulfilment time for your product type to the shipping time.
vii. Delivery Address: It is the Customer’s responsibility to ensure the delivery address is accurate and includes the full postal/area code at point of order, as items that are returned due to an insufficient/incorrect address can only be re-shipped at your additional expense and refunds cannot be provided in these instances.
viii. Shipment Tracking: Once your item is shipped (within 7 business days), Customers receive a tracking number by email to monitor their package's transit. The Tracking number is advised to be active within 48 hours of being 'shipped' and the Customer can expect to track the status of the package from that point.
ix. Items Lost In Transit: Claims for items lost in transit MUST be submitted no later than 4 weeks of the expected delivery date (see v. Order Fulfilment and vi. Shipping & Delivery information within this section). Inform us immediately by email to info@busikind.co.uk if you believe your item may be lost in transit. You must ensure that you allow 5 working days for us to respond and this must be within 4 weeks of the products expected date of delivery.
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x. Returns & Refunds Policy: If a Gift Shop item is received misprinted, damaged or defective in any way, the Customer must first inform BusiKind immediately by emailing info@busikind.co.uk. The We will then issue a Problem Report to Printful on your behalf. You must allow 5 working days for us to respond, which must fall inside of 4 weeks of the product(s) date of receipt. Importantly, if you do not receive an acknowledgment email within the 5 working days of your email to us, please call us to ensure we received your email on +44 (0)20 7112 8894. Check your junk and/or spam email folders in the case that you may not have saved our email address as our reply may have been delivered and/or filtered out as ‘spam/junk’ mail.
Once the Problem Report is processed by Printful, and deemed to be their responsibility, we can request a refund or an exchange at your preference.
Importantly, Problem Reports MUST be provided to Printful within 4 weeks of the product's date of receipt. Products must NOT be returned direct to Printful prior to receiving a response from us or until we advise otherwise.
xi. Cancelling An Order: The customer accepts that due to the nature of the Gift Store Products, in that they are produced on a ‘made to order’ basis and therefore qualify as personalised item(s), an order can only be cancelled if it has not yet been fulfilled by Printful. In which case, you would need to raise the cancellation with us prior to its fulfilment in order to receive a full refund. Printful typically fulfil all orders made within 2-7 days of an order being placed. However, orders can be fulfilled from as soon as within a couple of hours of an order being placed. Therefore, the Customer agrees that in placing an order with us, we cannot guarantee how quickly Printful will fulfil their order and that cancellation and refund, therefore, cannot be guaranteed by us and may not be possible subject to its fulfilment. The customer accepts these terms of service when placing their order(s) with us.
10. The 2024 Christmas Gift Guide (The Gift Guide)
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10.1. The Gift Guide is a 72 Page online publication with 10 section categories that Retailers can request to list their products within.
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10.2. The Gift Guide has a cut-off date for Listing Requests on 26th November 2024 and is due to be published as an online flipbook on 28th November 2024. The Retailer accepts that the planned publication date may be subject to change in the event that listings remain to be filled. In the unlikely event that the publication date needs to be pushed back post Black Friday (29th November 2024) a 20% discount will be applied to listing prices.
10.3. The Retailer understands that they can request up to a maximum of 10 listings which is limited to 1 listing per section of the Gift Guide.
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10.4. The Gift Guide offers three types of product listings for The Retailer to choose from which are allocated by us subject to availability. Listing Types and pricing are as follows:
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i. Standard Portrait Product Listing (For Single Products) - Priced At £20.00 Per Listing
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ii. Standard Landscape Product Listing (For Single Products) - Priced At £30.00 Per Listing
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iii. A4 Full Page Product Listing (For One Or Multiple Products) - Priced At £80.00 Per Listing. Product Names & Pricing Labels For
Imagery With Multiple Items Must Be Easily Placeable Within The Image Therefore A Maximum Of Up To 4 Products Will Be
Displayed With Labels And Linked.
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10.5. In order to request a listing space within The Gift Guide, the Retailer agrees that they meet the following criteria:
i. The Retailer is an independent retailer based in the United Kingdom;
ii. The Retailer has an online e-commerce store whether it be their own website or in the form of an online marketplace shop where
they can accept online payments securely;
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iii. The Retailer offers and can fulfil nationwide delivery across the United Kingdom;
iv. The Retailer agrees to comply with Consumer Rights Laws applicable to their listed product(s);
v. The Retailer has safety notices present on their online product listings where applicable i.e. safety advice for skin and food allergies,
ingredients etc;
vi. The Retailer has transparent refund and returns policies in place for their listed products .
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10.6. Standard Portrait Product Listings and Standard Landscape Product Listings within The Gift Guide consist of the following content which is required from the Retailer in completing the Listing Request Form on the Gift Guide’s page on our website:
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i. Product Name (up to 45 characters including spaces).
ii. The usual price excluding delivery costs. The price will be displayed in GBP sterling to two decimal places, for example, £10.00.
iii. The website link for the product’s online listing within the Retailer’s online shop.
iv. The product image which must be submitted as a high resolution PNG, JPG or JPEG file in either landscape or portrait orientation
(as applicable to your chosen listing type’s design orientation).
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A4 full page product listings can consist of one or multiple products where the applicable number of product names, prices and links will be displayed as per the criteria outlined herein. A4 Full Page Product Listing images must be portrait in orientation.
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10.7. The Retailer understands that requests for up to three product listings must be placed using the Listing Request Form on the Gift Guide’s page on our website. Please note that for an A4 Page listing request with multiple products you can use all three of the available Product Listing sections within the Listing Request Form to provide the details for up to 3 product names, prices and website links. Where more than three product listings are required, the Retailer agrees to contact us in the first instance. The Retailer accepts that when they submit a product listing request whether it be via the Listing Request Form, email, direct message or by any other means they are agreeing to the Terms of this Agreement herein.
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10.8. Product listings within The Gift Guide are dynamic, which means that a ‘backup’ product listing is required for every listing requested which will act as a replacement for the original listing in the event that it becomes out-of-stock. ‘Backup’ listings are to be submitted by the Retailer with the original product listing request(s) using the Listing Request Form. The Retailer understands that all ‘backup’ products must be relevant to their applicable Section and similar to the original product so not to compete with other variants of the same product type within the Guide i.e. a Christmas stocking must be replaced by another Christmas stocking in the same theme, a plain three-wick candle must be replaced with another plain three-wick candle, etc. We will confirm whether submitted back up items are suitable for use.
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10.9. In the event that a product listing needs to be updated with its ‘backup’ product, the Retailer understands and accepts that the onus is on them to inform us and agrees to do this by email.
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10.10. When a product listing update request is received by email, we will replace the original listing with its backup replacement by 6pm on the next working day from being informed by the Retailer.
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​10.11. When we receive a Listing Request Form submission, we will check the imagery and process the content for suitability. The Retailer understands and accepts that we can only offer a requested listing place subject to product type and availability and upon verifying that the content submitted meets the required criteria. Once processed, we will advise the Retailer by email of the outcome. In instances where the requested section may no longer be available, we may be able to offer an alternative section for the Retailer’s requested product listing, in which case we will do so by email.
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10.12. In order to confirm The Retailer’s requested product listing(s), we will do so by email in which we will confirm and outline the following details:
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i. The Section Name(s) for the requested product listing(s);
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ii. The Page Number(s) where their product listing(s) will be placed;
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iii. The Product Number(s) allocated to the product listing(s) (Excludes A4 Page Listings);
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iv. The total cost for the requested product listing(s)
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​In the event we confirm the requested position, payment automatically becomes due and we will invoice for the full value which is payable by return either by bank transfer to our business bank account as detailed upon our invoices or online through www.paypal.co.uk to e-mail address accounts@busikind.co.uk or via the PayPal link within the footer of our website www.busikind.co.uk quoting the relevant invoice or account number as reference for all payment methods.
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Due to The Gift Guide being a digital product, the Retailer accepts that once they have confirmed their acceptance we will upload the product listing(s) to The Gift Guide and any payment made for this product is therefore non-refundable. Your consumer rights are not affected.
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10.13. The Retailer understands that The Gift Guide has a Media Pack that can be downloaded from The Gift Guide web page which they agree to read and adhere to before submitting the Listing Request Form. The Media Pack for The 2024 Christmas Gift Guide contains full details about the guide, its publication, its features, product listing features and pricing, retailer criteria, category sections and qualifying items, product listing (imagery and text) guidance, as well as examples of the guide's various page layouts.
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10.14. Retailers agree that any imagery submitted to us for use within The Gift Guide is free from virus and the copyright for its use belongs to the Retailer and, in order for us to comply with copyright, provides us with permission to use any imagery submitted within our Gift Guide and for the promotion thereof. In order to achieve the best possible display of products within The Gift Guide, The Retailer agrees that the product imagery submitted complies with the following criteria:
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All imagery must be high resolution;
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Be an original full-colour photographic image free from editing and cropping;
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Is not an illustration of the product;
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Is free from filters and has had no text, captions or graphics added;
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The main product(s) should be obvious and central to the image where other objects are present;
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Product(s) should be centrally placed within the image and include a safety/buffer zone around the product(s) that will allow us to scale/resize when necessary in order to get the best possible fit and display within the guide’s product listing frames;
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Imagery copyright must be owned by The Retailer;
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Imagery must be free from pixelation/blur, not have been downloaded from websites and not a screenshot.
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A4 Full Page Product Images must be portrait in orientation with a minimum size resolution of 2551 x 3579 pixels;
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Standard Portrait Listing Images must be portrait in orientation;
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Standard Landscape Listing Images must be landscape in orientation;
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All imagery must be submitted as either JPG, JPEG or PNG file formats.
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10.15. The Retailer accepts that we may need to adjust/crop/scale imagery that they have submitted in order to accommodate it within The Gift Guide and that it may not be displayed exactly as per the original imagery submitted. Any such changes will be to enhance the image to ensure optimal display and best fit for the image frame it is to be placed within; the product will remain fully displayed within the listing frame. If an image is unsuitable and cannot be adapted when necessary, as described herein, we will request an alternative image in the first instance.
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10.16. The Retailer agrees that BusiKind will not be held responsible for any disruption to the use of The Gift Guide and/or its availability that result from any of our third-party service providers being unable to fulfil obligations to us as a result of technical difficulties that are beyond ours and/or the third-party’s control. Therefore, the Retailer accepts that The Gift Gide may be subject to disruption without notice and in the event of technical difficulties that are beyond our control and that BusiKind cannot be held responsible for any resulting limitation and/or delays to availability and/or accessibility of the product and/or its features.
​10.17. Marketing Of The Gift Guide. Once published, The Gift Guide will be publicly available online and promoted through paid advertising via Google Ads, Meta Ads (Facebook and Instagram) and Pinterest Ads which will be on a continuous basis from The Gift Guide's date of publication until 23rd December 2024.
11. Privacy Notice, Data Protection Act 2018 & UK GDPR
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11.1. It is our duty to conduct work on your behalf and our relationship with you in compliance with the Data Protection Act 2018 (DPA 2018) which is the United Kingdom’s (UK) implementation of the General Data Protection (GDPR).
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11.2. For all intents and purposes, you can contact us by writing to our registered office’s address in the United Kingdom as follows:
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Business Kind Ltd
20-22 Wenlock Road
London
N1 7GU
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Alternatively, you can write to us by email at info@busikind.co.uk or contact us by telephone on +44 (0)20 7112 8894. In order for us to comply with UK GDPR, we can only share information of a personal nature, or that concerns Personal Data, with the specific individual that such information relates to or as may be required by us in order to comply with the Governing Law and our legal obligations thereto.
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11.3. It is our duty to ensure that throughout the course of our relationship with you that any Personal Data you provide to Business Kind Ltd is safely stored and will not be used by us for any unlawful or unauthorised purpose or for any other purpose than outlined herein or as originally intended by you at point of provision unless we are required to so in order to comply with the Governing Law.
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11.4. Obtaining Personal Data. By directly requesting, using, purchasing, registering for and/or subscribing to any of Business Kind Ltd’s Products and/or Services, within our website or otherwise, including our Membership and/or signing up to our Mailing List, be it in person (including via telephone communication), in writing (by e-mail or post), via the forms supplied within our website (including your use of secure payment processes), you are sharing your Personal Data and in doing so intend for such data to be used for the legitimate purposes of conducting our business activities with you, to enable us to respond to your requests and/or fulfil your specific requirements.
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11.5. Data Processing For Legitimate Purposes. Processing your Personal Data for our legitimate purposes include the activities of responding to your enquiries, processing your completed registration form for a Business Account if you require to use our bespoke Services, correspondence (via telephone, email and/or in writing) concerning the provisions and use of any of our Services (including Business Account and/or Website Account) that you have specifically requested (including the billing for of those Services requested as per the Payment Terms outlined in Section 7 and/or product listings within The Gift Guide as outlined in Section 10), status emails that confirm and update progress of your online orders (purchasing of digital and/or physical products from within our website including Subscription(s)) or marketing emails from us that occur as a result of your request to be included on our Mailing List (which can be unsubscribed from at any time).
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11.6. Specific Data Processing. Specific types of Personal Data processed by us include, subject to the Data Subject's type of interaction (as outlined within Section 11.4), their Full Name and Email Address (applies to all Enquiry Forms, Mailing List, Plan Subscriptions, Listing Request Form and is also required during secure online payment processing for any type of product purchased), contact Telephone Number (applies to our Registration Form, Listing Request Form, payment processing and is optional within Enquiry Forms), Address (applies to our Registration Form, Listing Request Form and all forms of payment processing). Payment Card information (name, number, expiry date, secure number) for secure payment transactions within our website (required for subscribing to our Marketing Membership Plan and renewals thereof, as well as for completing payment transactions of products purchased via our website's Design Store and/or Gift Shop). All of the specific Personal Data outlined herein is required when you manually register for a Website Account either independently or as part of the Marketing Plan subscription, however the storing of payment card information within the actual Web Account is entirely optional when our Subscription service is not employed by the Data Subject.
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11.7. Sensitive Data. We do not require, obtain or store what is considered to be sensitive information (Sensitive Data) of our Service Users and you will not therefore be required to provide any such information during the course of your business with us.
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11.8. Third-Party Service Providers. We incorporate the services, applications and embedded code of various trusted third-parties within our website. These integrations are fundamental to providing a seamless and secure service to our website users. Our Trusted third-parties facilitate the secure hosting of our website, its contents, the secure processing of any data manually entered by you therein and any relevant automations thereof, they enable the function of our online shopping facilities, the fulfilment of orders within The Gift Shop and secure payment transactions. We have integrated relevant advert banners to provide website users with access to Free Trials for Adobe software that they may require to compliment purchases of any of our digital products and/or Marketing Subscription Plan. For marketing purposes, we have integrated embedded code for the purposes of monitoring the activity of website visitors (as detailed in Section 11.10).
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11.9. Website Automations. When you submit any type of form or make a payment on our website an automation will take place. Furthermore, you will receive a welcome email when you register for an Account or ask to be included on our Mailing List. You will receive emails that are automatically generated when you make a payment, this will be to confirm your order/payment and/or enable the downloading of the digital product(s) that may have been purchased.
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11.10. Cookies & Analytics. In order to comply with GDPR, our website has been IP anonymised, which means that the IP address (considered to be Personal Data) of any website visitor is unidentifiable and, as such, visitors cannot be personally identified by us or any of our trusted third-parties based on the visitor's IP address.
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Our website uses cookies and analytics to monitor your activity/behaviour whilst visiting and interacting with our website and its various features. Cookies are small text files that websites place on your viewing device whilst you are browsing the internet. They are processed and stored by your web browser. Given the amount of data that cookies can contain, they can be considered Personal Data in certain circumstances and are, therefore, subject to the GDPR. Accordingly, we request to obtain cookie consent from website visitors upon first entering our website whereby cookies can be agreed by you either in full, in part or they can be fully disabled should that be your preference. The consent initially given by you can be amended any time thereafter from within your website browser's settings, accessible via our cookie banner which will remain present in minimised form at the base of our website. The consent you give upon entering our website is remembered for a period of one year, upon which time you will be prompted when revisiting our website to review your original decision to ensure your consent continues to be authorised.
Trusted third-parties employ cookies within our website to monitor and, therefore, track how website visitors use and interact with the website and the particular aspect(s), component(s) and/or integration(s) that the particular third-party is responsible for. Our use of Google Analytics and Facebook Pixel code within our website is to help us monitor and understand where website user traffic comes from, how visitors engage with our website, whether our paid advertising campaigns are performing appropriately and, therefore, helps us to establish where features may need to be improved; enabling us to create a better user-experience for website visitors.
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11.11. Information Retention. We will keep Personal Data that we have about you for as long as you require the use of our business Products, Services, are a subscribed Member, are a registered Business Account holder, are subscribed to our Mailing List and/or as long as may be required in order for us to comply with our legal duties and/or reporting requirements or in the event that legal proceedings commence or are expected to commence with you until such a time that legal obligations are no longer applicable. Service users that have not requested our Services within one year of their Account Registration and/or if one year has passed since their last Service Request will be contacted to determine whether they wish to continue with being registered for our Services. A website visitor's requirement to be subscribed to our Mailing List is reviewed once yearly unless they are known to be an active and/or registered Service user, in which case the former criteria applies. Once an Account has been closed or it's been ascertained that our Services, Products, Membership, and/or Mailing List is no longer required, we will delete any Personal Data that we hold for you after two years unless there are outstanding monies due from you or where court proceedings are in place.
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11.12. In the event that a breach of data happens from within Business Kind Ltd, we will do everything in our power to trace and secure that information as soon as the breach is brought to our attention.
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Website accounts are required to be protected with usernames and passwords created directly by you. The confidentiality of the authorised individual's username and password is their responsibility. It is your responsibility to ensure that you use a secure internet connection when accessing and logging into your website Account and/or the Member's Area for use of our Marketing Membership Plan. BusiKind cannot be held responsible for any breaches, theft or losses that arise due to the non-adherence of this guidance.
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We will only correspond with authorised individuals concerning registered Business and/or Website Accounts. We may need to verify your identity (ID) and therefore require Proof of ID in order to protect your Personal Data from unauthorised access.
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In order to protect any Personal Data that could be accidentally sent by email to someone for whom it may not have originally been intended, our email correspondence carries a disclaimer notification to protect the content provided therein with instructions on what steps to take should it have been received in error.
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11.13. Account information that we hold for you will only be submitted by us to the e-mail address of the Account’s registered contact unless otherwise requested by the Client specifically. If the Client provides us with another individual’s personal information for their Account information to be submitted to, such as name, email address, telephone number and/or correspondence address, the client must first seek explicit permission and confirmation from the other party/individual in order to do so.
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11.14. In complying with UK GDPR, you have specific rights as the Data Subject with regards to the Personal Data that we hold about you and/or how we process it. Personal Data constitutes any information that relates to an identified or identifiable individual. In accordance with UK GDPR, with regards to Personal Data, Data Subjects have the right:
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i. To Be Informed: Data Subjects have the right to know what data of theirs is being collected, how it’s being used, how long it will be kept for and whether it will be shared with any third parties.
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ii. To Access: Data Subjects have the right to request a copy of the information that an organisation has stored about them.
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iii. To Rectify Information: Data Subjects have the right to correct data that is inaccurate or incomplete or to request for it to be amended in this respect.
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iv. To Request The Erasure of Records: Data Subjects, in certain circumstances, can ask organisations to erase Personal Data that they have stored about them.
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v. To Restrict The Processing Of Personal Data: Data Subjects can request that an organisation limits the way it uses their Personal Data.
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vi. To Transfer Data (Portability): Data Subjects can request that an organisation transfers any data that it holds about them to another company.
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vii. To Object To Specific Types Of Data Processing: Data Subjects can challenge certain types of processing, such as direct marketing.
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viii. To Enquire About Automated Decision-Making Processes Including Profiling: Data Subjects can ask organisations to provide a copy of its automated processing activities if they believe the data is being processed unlawfully.
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Data Subjects can ascertain which Personal Data we store about them and/or how it’s processed by us with respect to the above-mentioned rights. In order to do so, submit a Data Subject Access Request (Subject Access Request) to find out whether or not we hold the Personal Data you are enquiring after. Please allow 5 working days for your enquiry to be acknowledged. From which time, we aim to process your Subject Access Request within 14 working days. Expect a formal response to be provided by us within 30 days of your initial request. We will notify you if the nature of the enquiry requires more time. We will ask you to verify your identity (ID) by requesting Proof of your ID. This is to keep your Personal Data safe and is a security measure that prevents unauthorised use.
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If the outcome of an Access Request does not meet your requirements, please note that this matter can be further addressed with the Information Commissioner’s Office by writing to them with your query at the following address:
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​Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
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Alternatively, relay your query using the ICO's live chat service on their website or call their helpline for further guidance on 0303 123 1113.​​
12. Termination of The Agreement
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12.1. You can terminate this Agreement at any time by notifying us in writing either by email to info@busikind.co.uk or by letter to Business Kind Ltd, 20-22 Wenlock Road, London N1 7GU and immediately settling any outstanding balance owed to us in full at that time.
12.2. You accept that if you breech the Terms as outlined herein this Agreement that we reserve the right to withhold products and/or services and/or to terminate any associated Membership Plan(s), Business Account(s) and/or website account(s), at which time the full payment of any outstanding amount(s) that you may owe to us will become due and full payment required with immediate effect.
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12.3. We reserve the right to terminate this Agreement at any time.
13. The Governing Law
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13.1. For all intents and purposes, you accept that this Agreement will be governed by English Law within the United Kingdom and, accordingly, you agree to submit to the jurisdiction of the English Courts.
13.2. If any part of this Agreement is found to be void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its Terms.
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13.3. The Terms and Conditions of this Agreement are subject to change at any time without notice.