Thank you for asking Personal Memento to help record and print the Author’s story in book form. By placing an order with us to produce a Personal Memento book, or signing below, you confirm your agreement to these Terms and Conditions.
Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Personal Memento whose trading name is Personal Memento, a family business consisting of two sole traders whose trading address is 67 Park Road, Wath upon Dearne, Rotherham, S63 7LE (Personal Memento or the Supplier or us or we).
2. These are the terms on which we sell all Goods & Services to you. By ordering any of the Goods & Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years of age.
3. If you are not the Author, you confirm that you are acting with the Author’s knowledge and consent and that the Author understands the nature of the experience before the initial meeting. You promise to let us know if you have any doubts about whether the Author is fit and well enough to complete the book. Our interviewer will also confirm the Author’s consent at the initial meeting.
4. Our primary responsibility is to the Author in telling the story in the way most appropriate to reflect the Author’s intentions.
5. Our primary responsibility is subject to the Author:
a. confirming full understanding of the nature of the Personal Memento experience;
b. assisting us in adhering to agreed interview dates and location.
6. The Agreement will start on the date you have placed your order and paid the deposit. It will finish on the day the Project is completed or cancelled.
7. We will agree an outline timescale with you which will have regard to any factors known or apparent to us. The actual timescale will depend on the availability, health and well-being of the Author and other factors beyond our control and therefore time will not be of the essence.
8. We will contact you to discuss any proposed changes to the timetable during the Project.
9. As most of our Goods & Services are completely custom-made, it is your responsibility to supply us with the relevant information and documents, including photos, needed to complete the Order
10. It is your responsibility to sign-off or provide adjustments to the work done by your writer, editor and/ or designer.
11. If you are dissatisfied with any form of the process, you will inform us immediately via an email, in person or over the telephone. You will provide us with the opportunity to remedy any dissatisfaction and we will try our hardest to remedy your valid dissatisfaction as quickly as possible.
Personal information, Confidentiality and Data Protection
12. Any information retained and used by Personal Memento falls under the GDPR May 2018 regulations. We promise to comply with our obligations under Data Protection Law. You confirm that, for the purposes of Data Protection Law, you are the Data Controller and we are the Data Processor. You consent to the holding and processing of personal and sensitive personal data by us during the creation of the Personal Memento book. The Author’s approval of any draft text shall constitute consent for that information to be included in the Personal Memento book and available to those authorised to see the completed book.
13. What is discussed between the Author and Personal Memento is initially private and confidential to the Author.
14. We may contact you by using e-mail or by other electronic communication methods and you expressly agree to this.
15. In certain circumstances we ask our customers for permission to use Content for promotional purposes. We will not do so unless you provide us with your permission in writing.
16. The Personal Memento book is for private circulation and is not intended for general publication. The Author’s story, even in a limited circulation, may offend some people such as members of the Author’s family who may be aggrieved at references to them in the Personal Memento book. This can create the risk of legal claim or emotional distress. Our role is to bring the Author’s story into book form for the Author, but we are not publishers to the public and do not undertake a publishing risk analysis (which would add considerable cost).
17. You agree and acknowledge that copyright in the text of the completed Personal Memento book and the text of materials generated in the process of creating the book which contain any content provided by the Author will remain with the Author.
18. We reserve and retain the exclusive rights to the Personal Memento name, concept, methodology, the format and layout of the book.
19. We will retain ownership of all working materials, papers, interview logs, notes or recordings prepared or used in the course of the experience. The Author hereby grants us a sole and exclusive licence to the content on condition only that we do not disclose or reproduce the content without the prior written consent from the Author or as may be required by law or to deal with any legal claim.
20. On completion of the Personal Memento book, subject to full payment of the Fees, we will deliver to the Author the agreed number of copies of the completed book. If the Author decides to order additional copies to the number agreed, these will also be provided subject to payment of the applicable additional charges. We shall be entitled to print and retain one copy for our records.
21. Author and Personal Memento share the copyright of any Content. This means Personal Memento cannot publish the Book or any part of it, without the permission of the Author; and vice versa.
22. If the Author asks permission to publish any Content and this is granted by Personal Memento, the Author remains responsible for the publication and any damages resulting from that publication, even if the publication is facilitated or executed by Personal Memento. The Author is liable for any damages as a result of complaints made about the Content by third-parties including defamation charges.
Payment and Delivery
23. You will be liable to pay the fees we quote. Payment shall be made either in full in advance or in such instalments (including deposit) as we shall agree with you in writing. Any payments will include (if applicable) VAT and any similar tax or duty which may be payable on our Fees in any jurisdiction.
24. We will agree an interview schedule with you at the start of the experience. If the interviews are completed more quickly than expected, we may be able to bring forward the printing of your Personal Memento book. Please note that any outstanding balance must be fully paid before the completed Personal Memento book can be printed
25. Without limiting our other rights we may suspend any further work on the book if and so long as any payment due to us is unpaid after its due date for payment.
26. We will deliver the Goods to you personally, unless otherwise agreed, by the time or within the agreed period or, failing any agreement, without undue delay.
27. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
28. Upon delivery, the Goods will:
a) if printed, be in line with the digital version approved by you;
b) be of satisfactory quality;
c) be conform to their description.
29. It is your consumer right to cancel the agreement within 14 days for any reason.
30. The following cancellation charges will apply if the Personal Memento experience is cancelled before completion:
a) You can withdraw the Order via email, telephone or in person without giving us a reason before the writer has started working on your project. We may only charge you the cost of any travel and interview time, and any transaction cost incurred. The remainder will be refunded without question.
b) Our Goods & Services are personalised. Therefore, if you would like to cancel a project while the writer, editor, designer or any other person providing a service directly related to your project has commenced work, we will charge you on a pro-rata basis. For example, if you were going to be interviewed twice and the writer has completed your first interview and written half the book, we will charge you 50% of the total Order.
31. You cannot cancel an order after approving the print-ready document.
32. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
33. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
34. You agree to indemnify and hold us harmless from and against any and all claims, liabilities, costs, actions and expenses (including legal fees on a full indemnity basis) made against us or incurred by us as a result of undertaking the experience and/or compiling, recording, printing or delivering the content or the Personal Memento book.