The detailed terms and conditions

B I G

The terms and conditions detailed below govern your use of this Web-Site. Please read them
carefully. If you do not agree to be bound by them please leave this Web-Site and do not use
it any further.

The purpose of this Web-Site is to allow you to create, then order, personalised and other
products, all on-line. The terms and conditions govern solely your use of the Web-Site. When
you wish to place an order for personalised and other products using this Web-Site, you enter
into a separate, different, agreement with B I G. The terms and conditions of which can be
viewed here.

Terms and Conditions for the User of the B I G Personalised and Other Products Web-
Site and for the provision of services to the User by B I G

1 Definitions

1.1 User

1.2 The person, organisation, firm or company which

(a) uses the Web-Site provided by B I G to the User; and

(b) receives Services from B I G in relation to the Web-Site

1.3 Web-Site
Shall mean www.biggroup.com and as amended, created or customised by B I G
through the provision of Services to the User and which shall allow the User to order
personalised and other products electronically through the internet.

1.4 Contents
Any information, data, text, graphics, links or computer code published on or
contained within the Web-Site.

1.5 Product
Includes printed stationery, business cards, badges and other printed and personalised
products which include either pre-determined or user-determined data and graphics or
both.

1.6 Product Period
The period the User is able to use the Web-Site from the Commencement Date until
B I G ceases to provide access to the Web-Site to the User or otherwise terminates
this Agreement as provided for in this Agreement.

1.7 Commencement Date
The date from which the User has completed, signed and returned the Easy New
Client Questionnaire to B I G or any other date that B I G may specify.

1.8 Service
Shall mean those services provided by B I G to the User for the customising and
adding of User data and information to the Web-Site, including the setting of the
parameters for access and use of the Web-Site, and any subsequent alteration or
amendment all as specified in the Easy New Client Questionnaire.

1.9 Purpose
Shall mean the User using the Web-Site only for the purpose of creating and then
ordering personalised and other products, and such use shall extend to, but no further
than, electronically copying and printing onto paper portions of the Web-Site for the
purpose of creating and then ordering personalised and other products.

1.10 Easy New Client Questionnaire
Shall mean the form provided by B I G to the User which indicates the information
and data which the User wishes to be added to the Web-Site and which sets the
parameters for access and use of the Web-Site.

1.11 Agreement
The contract between B I G and the User incorporating these Terms and Conditions.

2 Parties

2.1 The Agreement is between B I G and the User as identified on the Easy New Client
Questionnaire and which is subject to these Terms and Conditions. The User accepts
these Terms and Conditions by

(a) pressing the “I have read and accept the terms and conditions” button on the
Web-Site on entering the Web-Site; or

(b) by signing and returning Easy New Client Questionnaire; or

(c) by entering and using the Web-Site.

2.2 The User may print and keep a copy of this Agreement (if viewed on-line). For the
User's convenience a current version of this Agreement is available at
www.biggroup.com/terms/terms_condts_main.html or such other web page
reference as B I G may specify from time to time.

2.3 B I G may revise, alter or amend the Terms and Conditions at any time and without
notice at its sole discretion. Any change will be provided in writing, by e-mail or by
posting on the Web-Site and will be deemed to take effect the day after posting, or
four hours after sending by e-mail or posting to the Web-Site. The User will be
deemed to have accepted such change by continuing to access the Web-Site.

3 Licence and Service

3.1 B I G

(a) grants to the User, and the User accepts, an non-exclusive, non-transferable
licence to use the Web-Site (the “Licence”) only for the Purpose; and

(b) shall provide the Services to the User

both subject to the provisions of this Agreement.

3.2 B I G will use reasonable endeavours to maintain the Web-Site and access to the on-
line ordering facility. B I G may change, suspend or cancel the licence referred to in
Clause 3.1(a) at its sole discretion at any time. The User shall and will not be eligible
for any compensation from B I G because the User cannot use the Web-Site or
because of any failure, suspension or withdrawal of all or part of the facilities that the
Web-Site may provide (including without limitation, the facility to order personalised
and other products on-line).

4 Users

4.1 The User, subject to Clause 4.2 hereof, shall not copy, duplicate, translate into any
language or in any way reproduce the Web-Site or any part thereof or any of its
contents or permit the same without the prior written permission of B I G and the
respective copyright owner if not B I G.

4.2 The User shall be permitted to use and/or reproduce a reasonable number of copies of
the contents of the Web-Site, (but not the computer code or any part thereof copy of
such is strictly forbidden) only for the purpose of the User creating personalised and
other products so that the same may be ordered from B I G.

4.3 All and any copies of the contents of the Web-Site shall be clearly and conspicuously
marked with B I G copyright notice as follows: © Copyright 2001. Badge
International Group. All rights reserved. The User shall ensure that all the UserÕs
employees and representatives are made aware of the above terms and conditions and
comply with them. Each User assumes full responsibility for all risks arising from use
of the Web-Site.

4.4 The User shall not, or allow any other person, organisation or company to use the
Web-Site or any part of the Web-Site, or any component of the Web-Site other than
for the Purpose. For the avoidance of doubt, such prohibition of use shall include (but
without limiting to this list): reproduction, modification, distribution, re-publication,
copying other than with the prior written permission of B I G. “Component” for the
purposes of this Clause 4.4 and for Clause 6.1 shall mean any part of the Web-Site
including without limitation the following: design, text, graphics, the selection and
arrangement of the forgoing, all software compilations, underlying source code,
software (including applets) and all other information, data and materials on the Web-
Site

4.5 The User shall be fully responsible for the content of the Web-Site including its
truthfulness and accuracy and non-infringement of any other person's legal or
proprietary rights, for any materials or work submitted for publication on the Web-
Site in general. The User will not allow the Web-Site to contain or be used for storing,
sending or receiving any material which is obscene, menacing, threatening, offensive,
abusive, indecent, defamatory, fraudulent, criminal or which infringes the rights of
other parties.

4.6 The User shall be responsible for retaining copies of any data provided to B I G on the
Easy New Client Questionnaire or on the Web-Site when creating personalised and
other products. B I G accepts no responsibility for the loss of any data in any form
which may result from inclusion on the Web-Site or from the use of the Web-Site.

5 Payment

5.1 The licence fee and price(s) for the provision of any Services as communicated to the
User by B I G shall be payable within 14 days of the date of the invoice for the same
from B I G to the User. B I G reserve the right to demand payment in advance of any
order.

5.2 All fees and prices are quoted exclusive of Value Add Tax, sales or other taxes which,
where applicable, will be charged in addition to the fee or price(s) invoiced.

5.3 Without prejudice to any other remedy, we may charge interest on overdue invoices,
from the due date until the date of payment, on a daily basis at the rate equivalent to
an annual rate of 3% above the Barclays Bank plc base lending rate then in force.

5.4 Without prejudice to any other remedy, B I G reserve the right to suspend, prevent
access to, or not operate the on-line ordering facility through, the Web-Site in the
event of non- or late payment without prior written notice to the User. In the event of
non-payment the User will be responsible for all costs incurred by B I G including
without limitation any legal fees incurred.

6 Ownership

6.1 All the contents, images and components on the Web-Site are the copyright of B I G
and will at all times remain the property of B I G, including subsequent to the
provision of any Services. All rights are reserved. No portion of the Web-Site may be
reproduced in any form or by any means without the prior written permission from
B I G other than provided for in this Agreement.

6.2 The (“B I G”) name and logo and all related product and service names, design marks
and slogans are the trade names, service marks, or trademarks of B I G, and may not
be used without the prior written consent of B I G.

6.3 All product names mentioned are acknowledged as the trade marks or registered trade
marks of their respective owners. All trade marks are acknowledged. While every
effort is made to ensure that information on this site is accurate, B I G assumes no
responsibility for errors or omissions.

6.4 The ownership of information, data, trademarks, corporate logos and graphics, which
are supplied to B I G for restricted use on the Web-Site, remain the property of their
respective owners.

6.5 Nothing in this agreement is intended to or will create any form of partnership or joint
venture, agency, franchise, sales representation or employment relationship between
B I G and the User.

6.6 No rights to, or property in the Web-Site shall pass to the User.

6.7 All information or data provided by the User to B I G and which becomes
incorporated into the Web-Site shall become the property of B I G, excluding any
trade marks or registered trade marks which shall remain the property of the User.

7 Warranties and Liabilities

7.1 B I G warrants that it will take all reasonable care and skill in carrying out obligations
under this Agreement. All other conditions, warranties and obligations implied by
statute, common law or otherwise and any liabilities arising therefrom are excluded to
the extent permissible by law.

7.2 B I G accepts no liability for the completeness or accuracy of any information or data
supplied to B I G by the User for placing on the Web-Site.

7.3 The User will hold B I G free of any and all actions against it as a consequence of
data and information supplied by the User which is authorised for display on the Web-
Site, including all reasonable legal costs that B I G suffer or incur by reason of any
claim or the defence of any claim relating to the person or company materials they
have displayed on the Web-Site and it is acknowledged that B I G makes no
warranties, representations or conditions with regard to any of the data, information or
contents contained on the Web-Site whether expressed or implied arising by law or
otherwise and which have been supplied by the User and there is no implied warranty
of merchantability, satisfactory quality or fitness for a particular purpose.

7.4 B I G shall be liable only to the extent of any payments payable by the User if it fails
to deliver performance of the Service or for any other breach of the Agreement or
fails to remedy any failure within 30 days of written notice from the User.

7.5 B I G does not limit its liability to the User for death or personal injury caused by any
of B I G's acts or omissions or those of its employees or agents acting in the course of
their employment. Limitation to Damages: Under no circumstances shall B I G or
any of its officers, directors, employees, subsidiaries, agents, parents, or affiliates be
held liable for any indirect, incidental, special or consequential damages, even if B I G
has been advised of the possibility of damages, (including, without limitation,
damages for losses whether of a personal, public, institutional or corporate nature,
loss of any revenues or profits) arising in contract, tort or otherwise from the use of or
inability to use the Web-Site, or any of the contents, or the ability to use the on-line
ordering facility, from any action or decision taken as a result of using the Web-Site
or the contents. B I G's liability for breach of this Agreement is limited to the amount
actually paid (if any) by the User. B I G are hereby released from any and all
obligations, liabilities and claims in excess of this limitation.

7.6 Indemnification. Users agree to indemnify B I G from and against any and all
liabilities, expenses (including any legal fees) and damages arising out of claims
based upon data or information for inclusion in the Web-Site that are subsequently
incorporated and/or published by B I G on the Web-Site, including any claim of libel,
defamation, violation of rights of privacy or publicity, loss of service by other
customers and infringement of intellectual property or other rights.

7.7 All provisions of this Clause limiting or excluding liability operate separately and
shall survive independently of the other provisions.

8 Termination

8.1 B I G reserves the right to decline, withdraw or terminate access to the Web-Site
without notice and in particular if B I G suspects that any material stored or
disseminated by the User may be in contravention of clause 4.4 above. B I G reserves
the right at all times to inspect the material and if it is found to be in contravention of
Clause 4.4 above to remove the material from the Web-Site and/or suspend part or all
of the Web-Site and/or terminate this Agreement immediately without any further
obligation to the User.

8.2 In the event that

(a) the User is in breach of these Terms and Conditions and if capable of remedy
fails to remedy them within thirty days of receipt of notice in writing or by e-mail
from B I G requiring them to do so, or

(b) the User becomes insolvent and unable to pay its debts, bankrupt or placed in
the hands of a receiver or administrator or wound up (other than for a solvent
reconstruction) then B I G may immediately terminate the Licence.

8.3 Effects of termination. The User:

(a) will remain liable to pay B I G all sums accrued, due on or prior to the date of
termination;

(b) will continue to respect and uphold all confidentiality and copyright
obligations; and

(c) will if requested by B I G, return all materials belonging to B I G and will
specifically certify that they have done so.

9 Force Majeure

B I G shall not be liable for any delay or failure in performance caused by
circumstances beyond B I G's reasonable control, including without limitation any
labour disputes or failure of supplies.

10 Notices

Any notice required to be given under this Agreement shall be sent by first class post
or facsimile or electronic mail and shall be deemed to be given two days after posting
if sent by post to the other party's address as notified by the party, at the time the
facsimile is sent if sent by facsimile before 4.00 pm in the afternoon otherwise 9.00am
the next working day and at the time the e-mail is received at the other party's
email address if sent by electronic mail.

11 General

11.1 Any failure by any party to exercise or enforce any of its rights under this Agreement
shall not be deemed to be a waiver of any such rights or operate so as to bar the
subsequent exercise or enforcement of any such right.

11.2 This Agreement represents the entire understanding between us in relation to its
subject matter and supersedes all other agreements or representations made by either
of us whether oral or written. If any provision of this Agreement is held to be invalid
or unenforceable the validity or enforceability of the remaining provisions shall not be
affected thereby.

11.3 Notices and communication to:

(a) B I G: should be sent for the attention of:

Easy Web-Site Administration
B I G
B I G House
Waldegrave Road
Teddington
England
TW11 8BB

By first class mail, by fax to: +44 (0)20 8614 8800, or by electronic mail to:
support@big.co.uk.

(b) User: should be sent for the attention of:

Current name at the address, facsimile or electronic mail address supplied by
the User on the Easy New Client Questionnaire registration form, or as
subsequently notified in writing by the User to B I G for such purposes.

12 Third Parties

For the purposes of the Contracts (Right of Third Parties) Act 1999, [and
notwithstanding any other provision of this Agreement, this Agreement is not
intended to, and does not, give any person who is not a party to it any right to enforce
any of its provisions.

13 Law

This Agreement shall be governed by and construed in accordance with the Laws of
England and the parties hereto submit to the exclusive jurisdiction of the English Courts.