Terms of Service
[Name, surname or company name], [personal identification number or single registration No.], [address], [in case of legal person – legal representative or the authorised person], hereinafter referred to as the Customer, on the one hand, and Limited liability company SIA "YPH", company registration No. 40003694200, Krisjana Valdemara iela 1A-1, Sigulda, Sigulda region, LV-2150, represented by its board member [name, surname], hereinafter referred to as YPH, on the other hand,
both above parties individually hereinafter referred to as the Party and collectively as Parties, by expressing their free will, conclude the present agreement with the below content.
1. Agreement Subject
1.1. YPH undertakes to manufacture products (hereinafter referred to as the Production) ordered on the YPH website https://yph.yourprinthouse.eu at the Customer's request (hereinafter referred to as the Website) and to send them to the Customer and/or clients of the customer – natural or legal persons (hereinafter referred to as Clients).
1.2. Taking into account the above, the Parties conclude the present agreement for production and delivery (hereinafter referred to as the Agreement).
1.3. This agreement cannot be considered an employment contract, it does not create employment legal relations between the Parties and is not subject to labour legislation.
2. Shipping and Delivery
2.1. YPH offers two types of shipping services – with or without a tracking number, so the Client can choose and mark which of these options the Client selects in the "Create" section of the Website.
2.2. If a shipping service without a tracking number is selected, YPH will not be responsible for the delivery.
2.3. If a shipping service with a tracking number is selected, in this case the tracking number can be found in "tracking". If the tracking number on one of the shipping service providers' websites www.pasts.lv or www.usps.com indicates that the product has not yet reached the final address indicated by the customer, then it is considered that the product is still on its way/in transit. If Latvian Post services are used, in this case on the website https://pasts.lv/lv/privatpersonam/citi-pakalpojumi/iesniegumi-par-parrobezu-sutijumiem/5979-iesniegumi-par-parrobezu-sutijumiem/ The Client can submit applications for cross-border shipments, covering the related costs themselves and requesting postal checks to YPH.
2.4. Issues related to lost or undelivered products shall be resolved between the parties using electronic means of communication.
3. Product Manufacturing and Quality
3.1. YPH undertakes to produce the Products within 2-7 working days, counting from the moment when the Customer places (transfers to print) the order on the YPH Website. In the event that the address or file provided by the Customer is incomplete and it is not possible to execute the order, the Customer receives a notification in the system and the execution time is extended until the Customer has submitted correct information.
3.2. The Customer can make changes to the order until the moment the Website has a "Processing" mark in front of the order.
3.3. The moment of production and availability of the Product shall be considered the time and date when "Printed" is marked on the Website, in front of the order.
3.4. In the event that the produced product turns out to be of poor quality (defect), in such a case, the Customer must fill out a relevant application in the "Refund" section of the Website, which YPH will consider within 2 working days, providing a written response by e-mail.
3.5. If the defective product has already been sent to the recipient, in such a case YPH does not refund the money, but re-manufactures and sends quality products at its own expense.
3.6. Products for which within 1 month from the moment of their manufacture (status "Printed"), the final recipient has filed a complaint about peeling paint, poor quality printing, or about a torn or damaged Product, shall be considered defective.
3.7. In the event that the intended print job can be printed with a primer (glue), the customer shall check the "Print with primer" field on the website, otherwise, the print job will be printed without primer, in which case YPH will not be responsible for paint peeling off the manufactured product.
3.8. Received orders are packed and shipped in the packages in which YPH receives them from the supplier. If the customer has checked any of the other packages offered on the Website for an additional fee, in such a case YPH sends them in the selected package
4. Liabilities of the Parties
4.1. It is the responsibility of the Customer to regularly follow and familiarize himself with the news published on the Website, which can help to avoid or prevent errors in production.
4.2. YPH is not responsible for the errors of the Customer (for example, wrongly attached file, model, the principles of colour enhancement or reduction are not observed, etc.).
4.3. It is the Customer's responsibility to add (transfer to print) high-quality print files of 200-300 DPI CMYK on the Website. The Customer is responsible for the quality of the print files added to the Website. If the print file is of poor quality or below 200 DPI YPH, in this case the Contractor does not request a higher quality file, but considers it to be in accordance with the wishes of the Customer.
4.4. YPH is obliged to regularly and timely inform the Customer about innovations in the Website and production processes.
4.5. The parties are materially responsible to each other for causing damages in accordance with the current regulatory enactments.
5. Payments
5.1. It is possible to find out and calculate the price for YPH services in the calculator integrated on the Website, located in the "Price calculator" section.
5.2. Customers can pay for the received printing services in two ways:
5.2.1. Settlement in the form of prepayment – the Customer credits an amount of money that is not less than the value of the order, in euro currency, to the bank account of YPH, before YPH has started providing the service. If the prepaid limit cannot cover the costs of the intended service, then the Customer will pay for the service on the Website, as well as cover all payment commissions.
5.2.2. Upon receipt of YPH's permission, it is also possible to make a payment in the form of post-payment – the Customer pays for the services received in the previous month by the 5th date of the following month, based on the monthly invoice, which can be found in the "Invoice" section of the Website.
5.3. The Customer generates the prepayment invoice in the "Prepay" section, where the payment task information is obtained.
5.4. When paying the invoice, the Customer shall indicate the invoice number of the specific month as the purpose of payment.
5.5. For late payment, YPH is entitled to apply a contractual penalty to the Customer in the amount of 0.5% of the unpaid amount for each day of delay.
6. Dealer (Sales Agent) Opportunities
6.1. The Customer, if it is a legal entity, has the right to become an official dealer of YPH by filling out a specific application form on the Website (hereinafter referred to as the Dealer).
6.2. When filling out the registration application, the Dealer shall be obliged to provide true information about his identity and contact information.
6.3. A commercial/sales agent relationship is in essence established between YPH and the Dealer.
6.4. The Dealer's duty and right is to attract new clients (natural or legal persons) to YPH who are not yet registered on the Website by registering these persons in the "Referral" section of the Website and entering his username.
6.5. When registering a new client on the Website, the Dealer undertakes to train and provide the latest information on improving print quality, improving sales figures or any other information provided to the Dealer by the YPH company.
6.6. The Dealer shall be obliged to provide reports on the sales figures of his clients at the request of YPH management no later than within 3 working days.
6.7. For each client that the Dealer has managed to attract and who is registered under his username, the Dealer is paid a reward (commission) moneys in the amount of 1 euro (including VAT) for each product ordered and paid for by the relevant Client. The reward shall be paid to the dealer's designated payment account by the 5th date of the next calendar month.
6.8. A Dealer may attract no more than 30 clients. If a Dealer wants to attract more than 30 clients, in that case he must request and receive permission from the YPH administration. YPH reserves the right not to increase the limit of clients to be attracted to the claimant or to include any of the existing clients in the total YPH client system, thus allowing the Dealer to attract a new client, the total number of clients not exceeding 30.
6.9. The Dealer's monthly reward cannot exceed 2500 euro (incl. VAT). If the Dealer wishes to increase the reward limit, YPH's consent must be obtained.
6.10. The expenses agreed upon by the Parties, which the Customer incurs due to the setting up of the Dealer's service provision environment, shall be partially deducted by the Customer from the compensation to be paid to the Dealer.
6.11. The Dealer shall not be entitled to act directly or indirectly for the benefit of YPH's competitors, or to create a competing business during the term of this Agreement or within 2 years after the termination of this Agreement.
6.12. During the term of this Agreement and after its termination, the Dealer undertakes not to use or disclose trade secrets that have been entrusted to him or become known in connection with activities for the benefit of the Principal, except for the cases specified in this Agreement.
7. Content and Intellectual Property
7.1. Any content, including information, images, data, text, photographs, graphics, messages and other materials (hereinafter referred to as the Content), which the Customer posts, submits, uploads, displays or otherwise processes using the Website, shall be considered Customer's Content for which YPH assumes no responsibility. Considering that the processing of the order takes place automatically, the Customer is informed, aware and agrees that YPH has neither the obligation nor the opportunity to check the legality and compliance of the Content submitted by the Customer with the applicable laws and regulations.
7.2. The Customer shall be fully responsible for the Content and represents that it has all necessary rights to the Content, including all necessary rights to insert or use it in its Products sold, manufactured or stored by YPH. The Customer confirms that, by using the Content, he does not infringe the copyright or other rights of any third party.
7.3. By posting his own Content, the Customer grants YPH a non-exclusive, perpetual license to use the Content worldwide for the purposes of this Agreement.
7.4. The Customer is responsible for ensuring that the Content complies with the laws of publicity, trademarks, designs, data protection and copyright.
7.5. YPH reserves the right to immediately terminate use of the Services or remove, block or disable access to any Content that may infringe the intellectual property rights of others.
7.6. The Customer agrees and certifies that it owns all rights (including copyright) to the Content, as well as all trademarks, service marks and trade names included in the posted Content,
8. Term of Entry Into Force and Operation of the Agreement
8.1. This Agreement enters into force at the moment of its electronic signature (acceptance) and is valid for 1 (one) year.
8.2. If at least one month before the expiration of this Agreement, one of the parties has not expressed a desire not to extend this Agreement in writing (including by e-mail), this Agreement will be extended every year by one year.
8.3. YPH has the right to block the Customer's access to the account, as well as to unilaterally terminate this Agreement, in the event that the Customer violates the terms of this Agreement or delays payment deadlines.
9. Force Majeure/Act of God circumstances
9.1. The parties are not responsible for non-fulfillment or delay in performance of the obligations of the Agreement, if said non-fulfillment or delay is related to circumstances of Force Majeure. Circumstances of Force Majeure in the Agreement mean any civil unrest, uprising, war, strikes, fires, floods, other natural disasters, epidemics, pandemics and other similar circumstances that interfere with the execution of the Agreement and which are beyond the control of the Parties.
9.2. The Party affected by the circumstances of Force Majeure must immediately notify the other Party (adding to the notification all the information at its disposal about the event of Force Majeure and the consequences caused by this event) and every effort must be made to mitigate the effects of Force Majeure. If the aforementioned circumstances delay or interrupt the performance of the Party's obligations, then the time of performance of the obligations and the terms of the agreement affected by this shall be extended by a period of time equal to the period and duration of Force Majeure.
9.3. If, as a result of Force Majeure, a Party cannot fulfill its obligations arising from the agreement for more than 90 (ninety) days in a row, then the Party has the right to terminate this Agreement.
10. Jurisdiction and Settlement of Disputes
10.1. The present Agreement has been drawn up and the effective regulatory enactments of the Republic of Latvia are applicable to it.
10.2. All disputes and disagreements that arise or may arise in the course of or in connection with the performance of the Agreement shall be settled by mutual negotiations, but in the absence of an agreement within a period of 30 (thirty) days, disputes shall be settled by a court of the Republic of Latvia in accordance with the laws and regulations of the Republic of Latvia.
11. Final Provisions
11.1. The Parties confirm that they understand the content and significance of the present Agreement, that the Parties recognize the Agreement as correct, mutually beneficial and at the same time declare that it is concluded voluntarily, without false or coercive measures, fully and comprehensively respecting the will and interests of both Parties.
11.2. All amendments or additions to the Agreement shall be made in writing and attached to the Agreement as annexes, which, after being signed by both Parties, shall become integral parts of the Agreement.
11.3. Upon the conclusion of the present Agreement, any previous agreements, written or oral, between the Parties relating to the subject matter of this Agreement, shall cease to have effect and shall not be enforced.
11.4. If any of the provisions of the Agreement become void, this does not affect the validity of the rest of this Agreement.
11.5. In addition to the Agreement, the Parties undertake to sign other necessary documents and take all actions that are reasonable and necessary to facilitate the proper execution of the Agreement, the achievement of its purpose and the realization of the Parties' rights.
11.6. The present Agreement is binding on the Parties, their authorized persons, as well as successors of rights and obligations. If the signatory of the Agreement at the time of its conclusion was not authorized to represent the Party whose representative he pretended to be, then he/she shall assume himself as a natural person all the obligations from the signed agreement and shall be responsible for their fulfillment with all his/her property.
11.7. The names of the chapters in the Agreement are used only for convenience and for this reason do not affect the explanation of its content.
11.8. All notifications and claims related to the execution of the Agreement must be submitted in writing to the other Party at the address specified in the preamble of this Agreement or, in the cases specified in the Agreement, by e-mail.
11.9. The Parties undertake to immediately notify each other of their location, representative, bank details and other significant information changes that may affect the proper execution of the Agreement. The parties assume full responsibility for failure to fulfill this obligation in a timely manner.
11.11. The Agreement, the content of its provisions, as well as all information that the Parties have disclosed to each other for the purpose of drawing up and executing the Agreement, are considered confidential information that cannot be disclosed to third parties without the prior written consent of the other Party, except for the cases provided for in regulatory acts.
11.12. The Agreement is drawn up electronically on 6 pages, and the Parties have expressed their consent to it by getting acquainted with and agreeing to the terms and content of the Agreement.