GS1 UK and the Member (defined in the Application) entered into a framework agreement (“Framework Agreement”), allowing the Member to request services from GS1 UK. Pursuant to the Framework Agreement, the Member requests certain services to be provided by GS1 UK, and GS1 UK agrees to provide such services to the Member in accordance with these service contract terms and conditions and the Framework Agreement (“Service Contract”).
Agreed terms
1. Interpretation
1.1 All capitalised terms used in these Service Contract Terms and Conditions which are not defined in these Service Contract Terms and Conditions shall have the meaning given to those terms in the Framework Agreement:
| Terms | Description |
|---|---|
| Application | means the online application to purchase Credits to use the Services made through the Member’s My Numberbank Service; |
| Credit(s) | means a credit to generate an additional barcode image in accordance with the Services; |
| Fees | means the fees for Credits as set out in the Application; |
| Renewal Fees | shall have the meaning in clause 4.3; |
| Services | means the service whereby Members can generate additional barcode images to be applied against GS1 UK Numbers over and above the Free Barcode Image Generator Service; |
| Service Contract Terms and Conditions | means these terms and conditions. |
2. Services
2.1 In the event of any inconsistency between the Framework Agreement and these Service Contract Terms and Conditions the following order of precedence shall apply (1) Service Contract Terms and Conditions, and (2) Framework Agreement.
2.2 To apply for the Services, the Member must complete an Application (agreeing to be bound by the Service Contract), together with providing GS1 UK with any additional information it may require in respect of the Services, as applicable or requested.
2.3 GS1 UK is not obliged to accept all Applications, and reserves the right (prior to the collection of payment) not to provide the Services to the Member for any reason.
2.4 Once an Application has been submitted by the Member and accepted by GS1 UK, GS1 UK shall arrange for the Services to be provided.
2.5 GS1 UK reserves the right to cancel, delay or terminate the provision of the Services where the Fees have not been received in cleared funds by GS1 UK or the Member does not provide sufficient information to enable GS1 UK to provide the Services.
2.6 Where the Member fails to provide sufficient information to GS1 UK to complete the Services, this may result in the Member not receiving the Services. GS1 UK will not be responsible for any loss the Member suffers as a result of this.
2.7 Where a Member completes an Application requesting the Services, the Application shall be deemed received on the day of submission.
2.8 Where a Member purchases additional Credits, those additional Credits will be added to the Member’s My Numberbank Service within 24 hours from receipt of payment of the Fees in accordance with clause 3.
2.9 The Services should only be used by a Member where it has already exhausted the Free Barcode Image Generator Service.
2.10 To access the Services the Member will be required to ensure it can access the My Numberbank Service.
2.11 To use the Services the Member will be required to assign the Barcode Number to the Product, follow the steps in the My Numberbank Service to create the barcode image and then download and print the Barcode Image.
2.12 The Member shall be entitled to generate the number of barcode images for which it has Credits only.
2.13 The Member shall have access to download (and re-download) purchased barcode images at all times whilst it is a Member and providing it has access to the My Numberbank Service.
3. Fees
3.1 The Member agrees to pay the Fees set out in the Application.
3.2 Payment of the Fees shall be made in advance of the provision of the Credits and should be made when completing an Application.
4. Cancellation
4.1 Where individual Credits are purchased by a Member, the Member can prior to the use of the Credit, cancel its request at any point up to 14 days from submission of the Application by providing notice to GS1 UK, and GS1 UK will process a full refund of Fees paid in relation to that Credit.
4.2 Where bulk Credits are purchased by a Member, the Member will only be entitled to cancel its request for Credits, where none of the Credits in the bulk application have been used and such request to cancel is received within 14 days from the submission of the Application. In this event GS1 UK will process a full refund of Fees paid in relation to the bulk Credits purchased.
5. Termination
5.1 This Service Contract unless terminated earlier in accordance with the Framework Agreement, shall end upon the use by the Member of the Credits purchased under this Service Contract.
6. Limitation of liability
6.1 The liability of GS1 UK in connection with the Services and/or this Service Contract to the Member whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed an amount, in aggregate, equal to the Fees that are paid by the Member for the Services.
6.2 GS1 UK shall not be liable for any delayed, partial or total non-performance of the Services arising directly or indirectly from any event outside GS1 UK’s control including failure by the Member to comply with any of its obligations hereunder.
6.3 The Member acknowledges and accepts that barcode images will made available through the My Numberbank Service in EPS format only. It is the Member’s responsibility to check they have compatible software to enable the barcode image to be downloaded effectively and GS1 UK shall not be liable to the Member for its failure to check it has compatible software.
6.4 GS1 UK warrants that the barcode image it creates will be fit for purpose. In the event that the Member amends the barcode image or prints the barcode image on packaging contrary to the instructions of GS1 UK, then the warranty in this clause 6.4 shall be void.