Terms and Conditions

1. Gift Voucher Solutions ®™ will provide & host online gift voucher technology exclusively on your website for 12 months from date of order. An order is verbal or written confirmation of our Price List or Proposal and Terms & Conditions. Invoices will be generated on the date of order and are payable in full if no cancellation notice is received in writing within 3 working days. If the online gift voucher technology is commissioned on a set yearly fee or commission based agreement and not live within 4 weeks from date of order monthly invoices of £95 + vat will be applied to your account until the technology is live, or the end date of the contracted period. Where a customer has chosen a commission based model, it is a yearly rolling agreement from the date of set up.


2. A renewal notice will be issued to customers paying a yearly fee 5 weeks prior to the end date of the contract and renewal fees are invoiced 1 year less 4 weeks from date of order. We must receive notification in writing by the advised dates to advise of non-renewal. Where a cancellation notice is received, a notice period is established until the contract end date. If no cancellation notice is received within the advised dates, invoices will be generated and are payable in full. Where a customer has chosen a commission based model, it is a yearly rolling agreement from the date of set up and no renewal notice will be issued. If the software is removed from your website during the agreement, or our exclusivity clause is breached, you are in breach of contract and Gift Voucher Solutions ®™ will invoice average monthly fulfilment fees and/or commission for every month of the remainder of the contracted period. Average monthly fulfilment fees and/or commission will be calculated from your previous 12 months invoices or an average of previous months if the agreement is breached in the first 12 months. Where a client does not renew their gift service or terminates their agreement early, all Voucher Prints (50p), Gift Tags (50p) Branded envelopes (£1) and Gift Box Stock (£12.99) each will be charged and returned to the client with associated postal charges.


3. Gift Voucher Solutions ®™ agrees to provide online technologies, usernames & passwords for access to the management areas for maintaining available vouchers, prices and other options during your agreement. Access to and use of password protected and/or secure areas of the website is restricted to authorised users only. Stored data must not be transferred or provided to any third parties or new voucher suppliers. Data can be provided on request, any theft of data will be reported to the ICO, the individuals affected, and legal action will be instructed.


4. The information available on or through this website is the property of Gift Voucher Solutions ®™ and is protected by copyright, trademarks, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on or through this website for commercial or public purposes. Any theft of data will be reported to the ICO, the individuals affected, and legal action will be instructed.


5. Access to and use of password protected management reports and/or secure areas of the website is restricted for customers within their notice period and access is restricted to redemption’s only. Where there is bad debt, a dispute or breach of our terms and conditions access to and use of password protected management reports and/or secure areas of the website is disabled.


6. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in the website. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the website.


7. Gift Voucher Solutions ®™ provides ongoing system support, help documents and training guides, with the day to day management of your gift voucher service the responsibility of you, the Venue. If you make changes to the content or voucher packages which results in errors or requires the resources of our support team, charges will be applied to your account costed at £25 per hour.


8. An online payment account will be opened to process online payments into your merchant bank account via Stripe, Secure Trading, Worldpay, Global Payments, Sagepay or PayPal [contact us for current fees]. Obtaining a MID, Stripe account or PayPal Business account is not the responsibility of Gift Voucher Solutions ®™. Chargebacks, disputes, account settings or fraudulent activity relating to the online payment account is not the responsibility of Gift Voucher Solutions ®™.


9. Gift Voucher Solutions ®™ will recommend delivery fees that you charge to your customers, however you can request these to be changed at any time. Gift Voucher Solutions ®™ will charge you for fulfilment and postage fees for each delivery method as per the below prices:
   
   If your online store takes payments in GBP:
   
   SMS delivery: £2
   Email delivery: £2
   Postal gift box (to UK addresses): £11.99
   Postal gift box (to Royal Mail Europe area addresses): £13.99
   Postal gift box (to Royal Mail ROW1 area addresses): £14.99
   Postal gift box (to Royal Mail ROW2 area addresses): £15.99
   Postal gift box (to Royal Mail ROW3 area addresses): £14.99
   Postal gift envelope (to UK addresses): £5.99
   Postal gift envelope (to Royal Mail Europe area addresses): £6.99
   Postal gift envelope (to Royal Mail ROW1 area addresses): £7.99
   Postal gift envelope (to Royal Mail ROW2 area addresses): £7.99
   Postal gift envelope (to Royal Mail ROW3 area addresses): £7.99
   
   VAT will be added to the above prices at the prevailing rate.
   
   If your online store takes payments in EUR:
   
   SMS delivery: €2
   Email delivery: €2
   Postal gift box (to UK addresses): €13.90
   Postal gift box (to Royal Mail Europe area addresses): €16.25
   Postal gift box (to Royal Mail ROW1 area addresses): €17.40
   Postal gift box (to Royal Mail ROW2 area addresses): €18.55
   Postal gift box (to Royal Mail ROW3 area addresses): €17.40
   Postal gift envelope (to UK addresses): €6.95
   Postal gift envelope (to Royal Mail Europe area addresses): €8.10
   Postal gift envelope (to Royal Mail ROW1 area addresses): €9.30
   Postal gift envelope (to Royal Mail ROW2 area addresses): €9.30
   Postal gift envelope (to Royal Mail ROW3 area addresses): €9.30


10. Postal Gift Envelopes and Gift Boxes are posted same day Mon-Fri if ordered before 12 noon. (excluding UK Bank Holidays). Royal Mail 1st Class aims to deliver the next working day – but this is not guaranteed and expected delivery can be 2-3 working days, or 4-5 working days at busy periods such as Christmas. Deliveries sent outwith the UK are sent by Standard International Airmail. Royal Mail do not accept deliveries as “missing” until 10 working days has passed. Voucher purchasers need to apply for compensation from Royal Mail to cover the cost of missing Gift Envelopes and Gift Boxes as no refund will be offered by Gift Voucher Solutions ®™, who will provide proof of printing and despatch.


11. Privacy - We are committed to protecting the privacy and security of your customers. We are obliged by the Distance Selling Directive, the Data Protection legislation and all current Trade and Legal precedence and policies to respect their wishes. We collect information about your customers for two reasons: firstly to process gift orders and secondly, to provide them with the best possible service. We never give their details to any other person or company, this information will be used to process orders and, if necessary, to contact them regarding the status of orders. We never collect sensitive information about them or payment information.


12. Customers purchasing gift vouchers have a voucher viewer screen to check spelling and content. If customers purchase a voucher and later discover that they have made spelling mistakes or that changes are required, the original voucher requires to be changed by the Venue.


13. You hereby agree that for the purposes of Data Protection Legislation, which includes the Data Protection Act 1998, and to the extent applicable in the U.K, The General Data Protection Regulation (E.U) 2016/679(“GDPR”), The Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003), and any national implementing laws, regulations and secondary or successor legislation, as amended or updated from time to time (“DPL”), that you shall be the Data Controller and Gift Voucher Solutions ®™ (“GVS”) shall be the Data Processor (both as defined in the DPL) of such Personal Data (as defined in the DPL) as you provide to Gift Voucher Solutions ®™, or authorise Gift Voucher Solutions ®™ to collect, store or otherwise process on your behalf, relating to you, your customers or employees, in connection with services which Gift Voucher Solutions ®™ undertake for you, namely the provision of online gift voucher solutions.


14. You, as Data Controller during the period of your agreement, warrant and undertake to comply with all applicable requirements of the DPL, together with any codes of practice issued by a supervisory authority or regulator under the DPL from time to time.


15. Gift Voucher Solutions ®™, as Data Processor, warrants and undertakes to comply with all applicable requirements of the DPL, together with any codes of practice issued by a supervisory authority or regulator under the DPL from time to time, and to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the DPL and ensure the protection of the rights of the data subject (as defined in the DPL).


16. Gift Voucher Solutions ®™, as Data Processor, shall not engage another processor without your prior specific or general written authorisation. In the case of general written authorisation, Gift Voucher Solutions ®™ shall inform you of any intended changes concerning the addition or replacement of other processors, thereby giving you the opportunity to object to such changes.


17. Gift Voucher Solutions ®™, as Data Processor, shall comply with the following obligations in relation to Personal Data:(i) process personal data only on documented instructions from you including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which Gift Voucher Solutions ®™ is subject; in such case, Gift Voucher Solutions ®™ shall inform you of that legal requirement before processing, unless that law prohibits such informing on important grounds of public interest:
    
    
    • Ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality
    
    
    • Take all measures required pursuant to Article 32 of The General Data Protection Regulation;
    
    
    • Respect the conditions referred to in paragraphs 2 and 4 of Article 28 of GDPR, for engaging another processor;
    
    
    • Taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of GDPR;
    
    
    • Assist you in ensuring compliance with the obligations pursuant to Articles 32 and 36 of GDPR, taking into account the nature of processing and the information available to Gift Voucher Solutions ®™;
    
    
    • Gift Voucher Solutions ®™ will delete all the personal data after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the personal data; Data reports can be provided to data controllers containing voucher numbers and order details only, no reference to names, email addresses, postal addresses or telephone numbers will be included. Reports cost £50 per Venue.
    
    
18. The purpose of the data processing, which will be undertaken by Gift Voucher Solutions ®™, is to provide gift voucher services to you the data controller. Data controllers only control the data during their contracted period. As such Gift Voucher Solutions ®™ will process data relating to your customers, whether they be individuals, firms or companies. The following types of data will be processed by Gift Voucher Solutions ®™: the names, email addresses, postal addresses and telephone numbers of the customers of you the data controller. Such data will be held by Gift Voucher Solutions ®™ only for so long as their contract with you, for the provision of gift voucher services, subsists. Such data will not be held by Gift Voucher Solutions ®™ for any period of time after the termination of their contract with you for the provision of gift voucher services. Data reports can be provided to clients out of contract or within a notice period. Reports will cost £50 per Venue and will contain voucher numbers and details only, no reference to names, email addresses, postal addresses or telephone numbers will be included without consent of the individuals whose data we hold. We recommend that Venues keep & print all voucher copies sent at the time of purchase to manage voucher redemptions in the event that the agreement is ended. If the client requires the assistance of our Support Service after the termination of their contract or during the redemption agreement, charges will be applied to your account costed at £25 per hour. If voucher purchasers or recipients request the assistance of our Support Service after the termination of the clients contract or during the redemption agreement, charges will be applied to your account costed at £95 per hour.

Governing Law and Jurisdiction

The Website and these Terms and Conditions are governed by the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English and Welsh courts in all matters relating to such use of the Website and in relation to these Terms and Conditions. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid you agree that the other provisions of these Terms and Conditions will remain in full force and effect in so far as possible. If you access the Website from outside the UK you are responsible for compliance with any local laws relating to access.