Outlet terms and conditions

Paperight outlet agreement

Updated 26 April 2013

When you register on paperight.com as an outlet or the representative of an outlet, you and Paperight are agreeing to the following terms. If you are not sure that you understand any of the terms, please contact us, and we'll be happy to answer your questions.

For more guidance on how to use Paperight, please visit our help site.

How Paperight works

Paperight acts as an agent between publishers and outlets. Its website paperight.com creates instant printing licences between publishers (or rightsholders of other kinds) and outlets, which are printing businesses such as copy shops.

As an outlet user (e.g. a member of staff at a copy shop), when a customer asks you for a book from Paperight:

  1. find the book on paperight.com
  2. fill in the customer's details and what you'll charge them in addition to our licence and service fee
  3. click 'buy now' to get your licence
  4. click 'download' to download the PDF and print it out
  5. delete the PDF from your computer to prevent unauthorised distribution.

In order to pay licence-and-service fees for documents, you need to top up your Paperight account with credits first.

Definitions

Paperight is Paperight (Pty) Ltd, a company registered in South Africa. And its main website is paperight.com, which automates the licensing provided to outlets.

The outlet is the business you represent (e.g. a copy shop). An outlet account on paperight.com has users who can log into it. All terms that apply to the outlet also apply to its individual users. In this agreement, 'you' refers to both the outlet and its individual users.

Publishers (or other rightsholders) have appointed Paperight as an agent to provide specific printing licences to outlets to print the books listed on paperight.com.

Scope

This agreement governs the relationship between Paperight and the Outlet. It may be amended by Paperight from time to time as the service develops. Registered outlets will be informed at least 14 days before such changes take effect.

Termination

If Paperight has good reason to believe you have broken any of these terms, Paperight will suspend your outlet's account (and, therefore, the accounts of its users). Paperight must do this to protect the interests of publishers and other outlets.

Paperight will spot-check outlet activity in person wherever practical and will analyse sales data and user feedback for indications of potential misuse of rightsholders' intellectual property (e.g. illegally printing or photocopying books without a licence). Where Paperight believes outlets have acted illegally, Paperight will suspend their accounts, and may report infringements to the authorities and the rightsholders concerned.

You may close your account from your dashboard on paperight.com, either by disabling the entire account, or by removing your agreement to these outlet terms specifically. While your account is closed or while you have removed your agreement to these outlet terms, the terms of this agreement still apply to existing print licences (i.e. licences you have already acquired) and any monies owing between the parties.

Licences

All documents on and from Paperight are subject to copyright. That means you cannot make any extra copies without a new licence (unless specified otherwise on the document itself).

When you download a Paperight document, you have a licence to print that document once. If one customer needs multiple copies, include multiple copies in your licence when you buy it. Then you are allowed to print the document that number of times for that customer. (E.g. if when purchasing you select 'Number of copies: 3', you may print that document 3 times for that same customer.)

You must provide the customer's full name every time you buy a licence. If the customer is an institution, include the name of their representative (such as the person placing the order with you). The customer's name will then appear on each page of their document, along with a unique tracking code. We recommend including the customer's phone number as well, so that you can contact them if needed, and uniquely identify them among other customers with the same name.

You must not reprint one customer's document for another customer.

Each licence only allows you to print out a document once, and to sell that print-out to a customer. Once you have printed a document, you must delete all copies of the digital file. You may not give or sell the digital file to anyone.

Credits

Credits are pegged in value to the US dollar, but are not necessarily converted at a 1:1 rate. Any amounts shown on paperight.com in your local currency are approximate currency conversions for that day for credits to dollars and from dollars to your currency. The actual amounts that your bank or credit-card provider charge you may differ slightly, and may include service and currency-conversion charges.

Credits you buy on paperight.com are refundable on written request. We charge a service fee on refunds of 20% of the dollar value of the refund (according to currency conversion at the time of your last top-up), with a minimum service fee equivalent to our minimum top-up at the time of the refund.

All prices and payments may include VAT, depending on the territory and VAT status of the publishers and outlets concerned. For example, for outlets in South Africa, VAT may be included at 14%, and for outlets abroad, zero-rated at 0%, in certain circumstances.

Outlet information

You will keep your business and contact information on your paperight.com profile up-to-date at all times. This is important so that we can contact you and so that your print licences remain legally valid.

Marketing

An outlet may advertise its book-printing services, and it may refer to Paperight in its marketing messages and materials. The word 'Paperight' must be correctly spelled. You may not use the Paperight logo, or try to reproduce it in any form, without the written permission of Paperight.

The Paperight team will provide outlets with generic marketing materials to use on request.

Warranty disclaimer and limitation of liability

All services provided by Paperight are provided on an "as-is" basis. Paperight does not warrant that the services will be uninterrupted or error free.

Paperight's total liability to the outlet for any damages (regardless of why the outlet seeks damages) shall not exceed in total the revenue received by Paperight from the outlet in the month before the incident giving rise to the liability.

Paperight is not liable for any rise or fall of the value of an outlet or publisher's credit or account balance on paperight.com caused by currency fluctuations over time.

To the maximum extent permitted by applicable law, in no event will Paperight or the outlet, their parents, subsidiaries or affiliates, or any of their officers, directors, employees or agents be liable for punitive, consequential, incidental, exemplary, indirect or special damages, including without limitation damages for loss of profits, revenues, business, use, data or other intangibles, whether or not such damages were foreseeable - and even if Paperight or the outlet had been advised of the possibility or likelihood of such damages.

Indemnity

Paperight will defend, indemnify and hold harmless the outlet, its parent, subsidiaries and affiliates, and their officers, directors, employees, and agents against any third-party claims caused by Paperight's negligence in distributing content, unless those claims arise from the negligence or willful misconduct of the outlet.

If either party claims this indemnification, they will give the other prompt notice in writing; cooperate in any investigation and defence; let the other party select its own legal counsel; and not settle any claims without the other's consent.

Force Majeure

If either party cannot fulfil its obligations because of an event beyond their reasonable control (including any act of God, actions by any government authority, fires, floods, natural disasters, riots, wars, labour problems such as lockouts and strikes, or communications systems failures), any delay or failure will be excused until circumstances permit business to continue as before. This does not apply to obligations to pay money due.

Assignment

Should either party intend to transfer this agreement or any of its rights and obligations to another party, they will inform the other party with at least 14 days notice, so that they may have an opportunity to review or terminate the agreement. After transfer, this agreement will be binding on any successors and assigns. Written notice is not required where Paperight or the outlet assigns all or most of its assets to another party, in which case the acquiring party assumes all of the rights and obligations in this agreement.

Governing law

If there are any disputes between the parties, they will be governed by the laws of the Republic of South Africa.