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Pro Advantage Programme Terms and Conditions

VISTAPRINT | PRO ADVANTAGE TERMS AND CONDITIONS


Please read these terms and conditions carefully (the “Vistaprint | Pro Advantage Terms”). The Vistaprint | Pro Advantage Terms govern your participation in the Vistaprint Vistaprint | Pro Advantage (the “Vistaprint | Pro Advantage”). By participating in the Vistaprint | Pro Advantage, you agree to the Vistaprint | Pro Advantage Terms effective as of the date hereof (the “Enrollment Date”). Your participation in Vistaprint | Pro Advantage is further subject to the General Vistaprint Terms of Use’s and Vistaprint Privacy Policy which are available on Vistaprint's website and are incorporated by reference herein (together, the “General Terms”).

VISTAPRINT | PRO ADVANTAGE


By enrolling in Vistaprint | Pro Advantage you will be eligible to purchase the custom printed products and related services available on the Vistaprint | Pro Advantage web site (“Vistaprint | Pro Advantage Site”) at the prices, shipping costs and with the benefits as available in Vistaprint | Pro Advantage at the time of your purchase. The terms of any such purchases, and your use of the Vistaprint | Pro Advantage Site and any other Vistaprint web site, shall be governed by the General Terms.

Information relating to your participation in Vistaprint | Pro Advantage, including product, pricing, and shipping benefits is available on Vistaprint.com. All terms, eligible products and services, pricing, shipping costs and benefits associated with Vistaprint | Pro Advantage are subject to change by Vistaprint without liability at any time without notice, or as otherwise set forth herein. It is your responsibility to verify Vistaprint | Pro Advantage benefits then in effect when you use the Vistaprint | Pro Advantage Site. Any Vistaprint products not listed on the Vistaprint | Pro Advantage pricing page are not eligible for purchase under Vistaprint | Pro Advantage.

Payment for all items ordered through the Vistaprint | Pro Advantage Site must be made in accordance with the General Terms.

Vistaprint does not set the retail/resale prices you charge your customers and disclaims all responsibility to such customers. You are solely responsible for collecting payments from your customers and may set retail/resale prices in your sole discretion.

Any sales, marketing, administrative or other expenses incurred by you in connection with your participation in the Vistaprint | Pro Advantage are your sole responsibility and Vistaprint does not require that you proceed with any specific expenses or investment in that regard.

VISTAPRINT | PRO ADVANTAGE SITE OPERATION AND ORDERS


Vistaprint will operate and serve the Vistaprint | Pro Advantage Site and will be responsible for the production and delivery of products ordered on the Vistaprint | Pro Advantage Site. To obtain the benefits of Vistaprint | Pro Advantage, your orders must be placed through the Vistaprint | Pro Advantage Site. You are responsible for the final design of all your order and for providing Vistaprint with the correct delivery address.

Vistaprint reserves the right to make changes to the Vistaprint | Pro Advantage Site at any time and without notice.

VISTAPRINT | PRO ADVANTAGE FEES


Your participation in Vistaprint | Pro Advantage will commence upon completion of the enrollment process and if you are required to pay a fee for all or any part of Vistaprint | Pro Advantage for which you have chosen to subscribe, you hereby authorise Vistaprint to charge your valid and current credit or debit card in advance for all applicable fees incurred by you in connection with your participation in Vistaprint | Pro Advantage. YOUR PARTICIPATION IN VISTAPRINT | PRO ADVANTAGE WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS, UNLESS AND UNTIL YOUR PARTICIPATION IN THE VISTAPRINT | PRO ADVANTAGE IS TERMINATED BY EITHER YOU OR VISTAPRINT. YOU AGREE TO PAY ALL RECURRING PROGRAMME FEES WHEN DUE. YOU ALSO AGREE TO PAY ANY TAXES, INCLUDING SALES, USE, VALUE ADDED OR OTHER SIMILAR TAXES, RESULTING FROM YOUR USE OF VISTAPRINT | PRO ADVANTAGE. IN THE EVENT THAT VISTAPRINT IS UNABLE TO COLLECT PAYMENT FROM YOU, YOUR PARTICIPATION IN VISTAPRINT | PRO ADVANTAGE WILL AUTOMATICALLY BE TERMINATED.

WEBSITES


If you enroll in Vistaprint | Pro Advantage - Premium, you may be entitled to either a free or discounted Vistaprint website package as part of your participation in the Vistaprint | Pro Advantage. In the event that as of the Enrollment Date you already subscribe to a Vistaprint website package with a monthly subscription term, your website subscription term will be automatically converted to an annual subscription term concurrent with your Vistaprint | Pro Advantage term and you shall pay no further monthly fees for such website subscription (beginning on your next website package billing date following the Enrollment Date). In the event that as of the Enrollment Date you already subscribe to a Vistaprint Starter website, you will not be charged the annual subscription fee associated with your Vistaprint Starter website, provided that you remain enrolled in Vistaprint | Pro Advantage. In the event that as of the Enrollment Date you already subscribe to Vistaprint Standard or Professional website or you later elect to subscribe for a Vistaprint Standard or Professional website, you will be charged an annual subscription fee equal to the annual subscription fee for such website subscription discounted by the then current annual subscription fee for a Starter website, provided that you remain enrolled in the Vistaprint | Pro Advantage. In the event that your enrollment in Vistaprint | Pro Advantage is terminated for any reason, the website fee benefit described in this section will cease to apply, and as of your next billing date you will be charged the then current annual fees applicable for your website subscription. Any discounted website subscription fee available through the Vistaprint | Pro Advantage may not be combined with any other discount available through Vistaprint. If you enroll in the Basic Vistaprint | Pro Advantage, you will not be entitled to either a free or discounted Vistaprint website package as part of your participation in Vistaprint | Pro Advantage.

UPGRADES


You will be charged for any product, website or shipping upgrade options you select and which are not included as a benefit in the applicable Vistaprint | Pro Advantage programme. Where possible, Vistaprint will only charge you the difference between the benefit included in the applicable Vistaprint | Pro Advantage programme and the upgrade option you select.

PARTICIPATION IN VISTAPRINT | PRO ADVANTAGE


Vistaprint reserves the right to terminate Vistaprint | Pro Advantage at any time without notice. Further, Vistaprint reserves the right to terminate or limit your participation in Vistaprint | Pro Advantage in its sole discretion. You may not transfer or assign your membership or these benefits.

CANCELLATION


You can cancel your participation by visiting the Vistaprint | Pro Advantage Site or by calling the number listed on the Vistaprint | Pro Advantage Site at any time

CHANGES TO THE VISTAPRINT | PRO ADVANTAGE TERMS


Vistaprint reserves the right to make changes to the Professional Print Programme Terms, the Professional Print Programme, the Vistaprint Terms of Use, and the Vistaprint Privacy Policy at any time and from time to time by posting revisions on the Professional Print Programme Site. If you do not agree to the changes implemented by Vistaprint, your sole and exclusive remedy is to cancel your participation in the Professional Print Programme. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Professional Print Programme shall be subject to the Professional Print Programme Terms.

Vistaprint reserves the right to change any applicable fees at any time and from time to time, provided, however, that Vistaprint will provide you with reasonable notice prior to making any fee changes to existing Vistaprint | Pro Advantage fees. If you find any change to the pricing of Vistaprint | Pro Advantage to be unacceptable for your continued participation in Vistaprint | Pro Advantage, you are free to cancel your participation in Vistaprint | Pro Advantage at any time and any credits issuable to you shall be calculated in accordance with the Cancellation provision set forth above.

LIMITATION OF LIABILITY


Vistaprint shall not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under Vistaprint | Pro Advantage by reason of any event or circumstance outside of Vistaprint’s reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

IN NO EVENT SHALL THE LIABILITY, WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF VISTAPRINT | PRO ADVANTAGE, OR THE USE OR PERFORMANCE OF THE VISTAPRINT | PRO ADVANTAGE SITE, THE RESALE OF THE SERVICES OR PRODUCTS THAT ARE ORDERED FROM THE VISTAPRINT | PRO ADVANTAGE SITE OR THE FAILURE TO PROVIDE SERVICES OR PRODUCTS THAT ARE ORDERED, OF EITHER VISTAPRINT OR ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES, EXCEED, IN THE AGGREGATE, THE NET PURCHASE PRICE (EXCLUDING TAXES AND SHIPPING AND PROCESSING) OF THE SERVICES OR PRODUCTS ORDERED BY YOU THROUGH VISTAPRINT | PRO ADVANTAGE. FURTHERMORE, IN NO EVENT SHALL EITHER VISTAPRINT OR ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO VISTAPRINT | PRO ADVANTAGE, THE USE OR PERFORMANCE OF THE VISTAPRINT | PRO ADVANTAGE SITE, THE RESALE OF THE SERVICES OR PRODUCTS THAT ARE ORDERED FROM THE VISTAPRINT | PRO ADVANTAGE SITE OR THE FAILURE TO PROVIDE SERVICES OR PRODUCTS THAT ARE ORDERED FROM THE VISTAPRINT | PRO ADVANTAGE SITE INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE.

DISCLAIMER OF WARRANTY


VISTAPRINT | PRO ADVANTAGE AND THE VISTAPRINT | PRO ADVANTAGE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF VISTAPRINT | PRO ADVANTAGE AND THE VISTAPRINT | PRO ADVANTAGE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE VISTAPRINT | PRO ADVANTAGE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

INDEMNITIES


To the maximum extent permitted by applicable law, you agree to defend, hold harmless and indemnify Vistaprint and its affiliates, and each of their respective directors, officers, agents, licensors, and employees (each, an “Indemnified Party”) from and against any third-party claim arising from or in any way related to your participation in Vistaprint | Pro Advantage, your use of the Vistaprint | Pro Advantage Site, resale of the services or products ordered from Vistaprint | Pro Advantage or your breach of any obligation herein, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and legal and professional fees, of every kind and nature. The Indemnified Party will give prompt written notice of any indemnified claim.
In addition to the indemnities set out above, you agree to hold Vistaprint harmless on an indemnity basis against all losses, damages (actual and/or consequential) of whatsoever kind and including costs or recovery on a full indemnity basis which Vistaprint may suffer or incur, whether directly or indirectly, as a result of your use of or participation in Vistaprint | Pro Advantage.

MISCELLANEOUS


Your participation in Vistaprint | Pro Advantage shall not imply or create any employment agreement, partnership, joint venture or agency relationship between you and Vistaprint and you shall have no power to obligate or bind Vistaprint in any manner whatsoever.

The Vistaprint | Pro Advantage Terms, together with the General Terms, constitute all of the terms and agreements relating to your participation in Vistaprint | Pro Advantage. If any of these terms and conditions are declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other terms shall not be affected and shall remain in full force and effect.

Vistaprint Netherlands B.V. is a limited company organised under the laws of the Netherlands with its headquarters in Venlo, the Netherlands. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your participation in Vistaprint | Pro Advantage or access to or use of Vistaprint.com Site or any other Vistaprint site shall be governed by the laws of Netherlands. Any legal action or proceeding relating to or arising from Vistaprint | Pro Advantage or access to or use of the Vistaprint.com Site or any other Vistaprint site shall be instituted in Amsterdam, the Netherlands. You also agree not to assert in any legal action or proceeding involving Vistaprint that a court sitting in Amsterdam is an inconvenient forum for such legal action or proceeding.